Registration of Death of Missing persons in Natural Calamities affected areas in Uttarkhand


While enclosing the Circular No.1/2/(Uttarakhand)/2011-VS-CRS, dated :16-8-2013,  has informed the procedure to be followed for Registration of Death of Missing persons in Natural Calamities affected areas in Uttarakhand, wherein the following process is to be followed in case of tourist from other States who were present in the flood affected villages during the catastrophe:-

1. “FIR/Missing persons Report”; to be filed by close relatives or next of kin at the place of residence in the Originating State.

2. If FIR/Missing Person Report have already been filed in Uttarkhand, the designated officers of Uttarakhand should forward the same to the designated officer/SHO of the police station at the place of usual residence in the State of origin of the missing person, for local enquiry at their end.

3. Notarized Affidavit regarding ‘missing‘ to be filed by next of kin and to be kept as a permanent record.

4. The enquiring Officer in the originating State should conduct enquiry to establish the following facts:

a. That the family members or relatives or friends of the person concerned had filed FIR/Missing Person’s Report well in time (before 30th June, 2013). If it is beyond, this time limit, the reasons for approaching the police late should be enquired.

b. That the person concerned had travelled to Uttarakhand before 16th June,2013.

c. That the person has been missing after his departure for Uttarakhand. For arriving at his conclusion, the enquiry officer should also verify with reference to the database maintained for this purpose by the Resident Commissioner of the Originating State Government at New Delhi or the authorized officers of the State Government who had camped at Dehradun during June, 2013 to conduct enquiries on missing persons from their States.

d. The enquiry report should be sent to the concerned designated Officer at Uttarakhand.

5. Based on the enquiry report of the officer in the originating State, the Designated Officer in Uttarakhand should further enquirer into the fact of disappearance of the persons concerned, by looking into the database of missing persons maintained by the missing persons cell at Dehradun by the State Government. He should also take into account all available information including the Statements of witnesses if any and last call data and other relevant data from mobile phone service providers to arrive at a conclusion regarding the death of the person. All available evidences may be taken into consideration before concluding whether the person has died or not. This may include police reports, enquiries from relief camps and affidavit submitted by the close relatives/next of kin etc.

6. Based on the enquiry as detailed above the designated officer of Uttarakhand may issue a speaking order regarding the provisional presumption of death. This order should be communicated to the Designated Officer in the Originating State.

7. On receipt of such order, the Designated Officer in the originating State should cause publication of the list of missing persons presumed dead in the Newspaper, Government Gazette in the local language of the State and English and also host the same on the Government Website for the purpose of Claims and Objections.

8. Claims and Objections may be received within 30 days.

9. If no claim or objection is received within the time period, the Designated Officer in the Originating State should send a report to the designated Officer in Uttarakhand.

10. Based on this report, the Designated Officer in Uttarakhand should issue the Death certificate.

11. The Death certificate should be made available free of cost to the next of kin. The death certificate should also be sent to the Police Station where the FIR/Missing person Report was filed and to the designated officer in the Originating State.

12. In case of Claims and objections, an appeal would lie with the Officer immediately superior to the Designated Officer (to be nominated by the Originating State Government). After dealing with the appeal, speaking orders should be sent to the Designated Officer in Uttarakhand, who would then take appropriate action to issue the death certificate or deny it.

For enabling this process the designated Officer (Pargana Adhikari/SDM) in Uttarakhand may be declared as a Registrar of Death under Section 7(1) of the Registration of Births and Deaths (RBD) Act, 1969. In all the above cases, registration of death may be done at the place of occurrence of death/presumed death in accordance with provision made under Section 7(2) of RBD Act.

2. As the Government of Uttarakhand vide reference 2nd read above communicated the certified list of 86 persons missing in Uttarakhand sent by the Government of Andhra Pradesh and requested for further action in order to issue

Death Certificates and in pursuance of the instructions in above circular, Government hereby order that the ‘Station House Officers’ of the Police Stations in the State where the relatives of the 86 persons missing in Uttarakhand reside and have filed FIRs / Missing person report, shall function as ‘Enquiry Officer’ and perform the duties/ taken assigned in the Circular i.e., “The enquiring Officer in the originating State should conduct enquiry to establish the following facts:

a. That the family members or relatives or friends of the person concerned had filed FIR/Missing Person’s Report well in time (before 30th June, 2013). If it is beyond, this time limit, the reasons for approaching the police late should be enquired.

b. That the person concerned had traveled to Uttarkhand before 16th June,2013.

c. That the person has been missing after his departure for Uttarakhand. For arriving at his conclusion, the enquiry officer should also verify with reference to the database maintained for this purpose by the Resident Commissioner of the Originating State Government at New Delhi or the authorized officers of the State Government who had camped at Dehradun during June,2013 to conduct enquiries on missing persons from their States.

d. The enquiry report should be sent to the concerned Designated Officer of Uttarakhand through the Nodal Officer of the State as mentioned in Para (5).

3. The Government hereby also order that the ‘Revenue Divisional Officer (RDO)’ in the District shall be the ‘Designated Officer’ and shall function as Designated Officer and perform the following i.e.,

(i) On receipt of such order from Designated Officer of Uttarakhand cause publication of the list of missing persons presumed dead in the Newspaper, Government Gazette in the local language of the State and English and also host the same on the Government Website for the purpose of Claims and Objections.

(ii) Receive Claims and Objections within 30 days.
(iii) If no claim or objection is received within the time period, the Designated Officer in the Originating State should send a report to the designated Officer in Uttarakhand through the Nodal Officer of the State.

4. Government also order that the Joint Collector will be the Appellate Officer i.e., Officer to whom appeals lie and shall perform the following i.e.,

Issue speaking orders after dealing with the appeal in case of Claims and objections and send the same to the Designated Officer in Uttarakhand thourgh the Nodal officer of the State, who would then take appropriate action to issue the death certificate or deny it.

5. Government hereby also order that Additional Commissioner Revenue (DM) Dept., Secretariat, Room No.417, 3rd Floor, North H Block, Secretariat, Hyderabad-500 022 is hereby appoint as Nodal Officer in the State, who will collect the all enquiry reports in the State, from Enquiring Officer/ Designated Officer/ Appellate Officer and forward the same to the Nodal Officer, Uttarakhand State. (Shir Atar Singh, Deputy Secretary, Health & Family Welfare Deptt., Room No.19, West Block, Uttarakhand Secretariat, Subshah Road, Dehradun, Uttarakhand, Email id: atarsingh_2006@rediffmail.com , Phone: 0135-2712031, Mobile No. 09927699643).

6. All the above notified Officials, i.e., Station House Officers (EO)/ Revenue Divisional Officers (DO)/ Joint Collectors (Appellate Officer) of the Districts which have sent lists of persons missing in Uttarakhand shall follow the above procedure / process and immediately send the reports to the designated Officers in Uttarakhand through the Nodal officer of the State as at para above, so that they can issue Death Certificates that are required for claiming ex-gratia from Government of Uttarakhand and Government of Andhra Pradesh. The Officials shall complete the process within a fortnight of issue of these orders and report compliance.

G.O.Rt.No.268 Dated: 29-10-2013

1. From the Deputy Secretary to Government of India, Ministry of Home affairs, Govt. of India, New Delhi F.No.30-2/2013-NDM-I, dated 26-8-2013.
2. From the Chief Secretary, Uttarakhand, Govt.,D.O.Lr.No.75/ DMS /2013, dt.27.08.2013.
3. From the Chief Secretary, Uttarakhand, Govt., D.O.No.821 /XXVII-2/04(299)2002, dated 6-9-2013 addressed to Chief Secretary to Government of AP and received in this office on 26.09.2013
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