No.18 OF
1969
[31st May, 1969]
Act to
provide for the regulation of registration f births and deaths and
for matters connected therewith.
BE it enacted by Parliament
in the Twentieth Year of the Republic of India as
follows:--
CHAPTER
I
PRELIMINARY
1.Short title, extent and
commencement.- (1) This Act may be called the Registration of
Births and deaths Act, 1969.
(2) It extends to the whole of
India.
(3) It shall come into force in a State on such date
as the Central Government may, by notification in the Official
Gazette, appoint:
Provided that different/dates may be
appointed for different parts of a Stale.
2.Definitions and
interpretation.- (1) In this Act, unless the content otherwise
requires, ---
(a) "birth" means live-birth or
still-birth;
(b) "death" means the permanent disappearance of
all evidence of life at any time after live-birth has taken
place,
(c) "foetal death" means absence of all evidence of
life prior to the complete expulsion or extraction from its mother
of a product of conception irrespective of the duration of
pregnancy;
(d) "live-birth" means the complete exclusion or
extraction from its mother of a product of conception, irrespective
of the duration of pregnancy, which, after such expulsion or
extraction, breathes or shows any other evidence of life, and each
product of such birth is considered live-born;
(e)
"prescribed" means prescribed by rules made under this
Act;
(f) "State Government", in relation to a Union
territory, means the Administrator thereof;
(g) "still-birth"
means foetal death where a product of conception has attained at
least the prescribed period of gestation.
(2) Any reference
in this Act to any law which is not in force in any area shall, in
relation to that area, be construed as a reference to the
corresponding law, if any, in force in that area.
CHAPTER II
REGISTRATION-ESTABLISHMENT
3.Registrar General,
India.- (1) The Central Government may, by notification in the
Official Gazette, appoint a person to be known as the
Registrar-General, India.
(2) The Central Government may also
appoint such other officers with such designations as it thinks fit
for the purpose of discharging, under the superintendence and
direction of the Registrar-General, such functions of the
Registrar-General under this Act as he may, from time to time,
authorise them to discharge.
(3) The Registrar-General may
issue general directions regarding registration of births and deaths
in the territories to which this Act extends, and shall take steps
to co-ordinate and unify the activities of Chief registrar in the
matter of registration of births and deaths and submit to the
Central Government n annual report on the working of this Act in the
said territories.
4.Chief Registrar.- (1) The
State Government may, by notification in the Official Gazette,
appoint a Chief Registrar for the State.
(2)The State
Government may also appoint such other officers with such
designations as it thinks fit for the purpose of discharging, under
the superintendence and direction of the Chief Registrar, such of
his functions as he may, from time to time, authorise them to
discharge.
(3) The Chief Registrar shall be the chief
executive authority in the State for carrying into execution the
provisions of this Act and the rules and orders made thereunder
subject to the directions, if any, given by the State
Government.
(4) The Chief Registrar shall take steps, by the
issue of suitable instructions or other wise, to co-ordinate, unify
and supervise the work of registration in the State for securing an
efficient system of registration and shall prepare and submit to the
State Government, in such manner and at such intervals as may be
prescribed, a report on the working of this Act in the State along
with the statistical report refereed to in sub-section (2) of
section 19.
5.Registration
divisions.-The State Government may, by notification in the
Official Gazette, divide the territory within the State into such
registration divisions as it may think fit and prescribe different
rules for different registration divisions.
6.District Registrar.- (1)
The State Government may appoint a District Registrar for each
revenue district.and such number of Additional District Registrars
as it thinks fit who shall, subject to the general control and
direction of the District Registrar, discharge such functions of the
District Registrar as the District Registrar may, from time to time,
authorise them to discharge.
(2) The District Registrar shall
superintend, subject to the direction of the Chief Registrar, the
registration of births and deaths in the district and shall be
responsible for carrying into execution in the district the
provisions of this Act and the orders of the Chief Registrar issued
from time to time for the purposes of this Act.
7.Registrars.- (1) The
State Government may appoint a Registrar for each local
area.Comprising the area within the jurisdiction of a municipality,
panchayat or other local authority or any other area or a
combination of any two or more of them;
Provided that the
State Government may appoint in the case of a municipality,
panchayat or other local authority, any officer or other employee
thereof as a Registrar.
(2) Every Register shall, without fee
or reward.Enter in the register maintained for the purpose all
information given to him under section 3 or section 9 and shall also
take steps to inform himself carefully of every birth and of every
death which takes place in his jurisdiction and to ascertain and
register the particulars required to be registered.
(3) Every
Register shall have an office in the local area for which he is
appointed.
(4) Every Registrar shall attend his office for
the purpose of registering births and deaths on such days and at
such hours as the Chief Registrar may direct and shall cause to be
placed in some conspicuous place on or near the outer door of the
office of the Registrar a board bearing, in the local language, his
name with the addition of Registrar of Births and Deaths for the
local area for which he is appointed, and the days and hours of his
attendance.
(5) The Registrar may, with the prior approval of
the Chief Register, appoint Sub-Registrars and assign to them any or
all of his powers and duties in relation to specified areas within
his jurisdiction.
CHAPTER III
REGISTRATION OF BIRTHS AND
DEATHS
8.Persons
required to register births and deaths.- (1) It shall be the
duty of the persons specified below to give or cause to be given,
either orally or in writing, according to the best of their
knowledge and belief, within such time as may be prescribed,
information to the Registrar of the several particulars required to
be entered in the forms prescribed by the State Government under
sub-section (1) of section 16, --
(a) in respect of births
and deaths in a house, whether residential or non- residential, not
being any place referred to in clause (b) to (e), the head of the
house or, in case more than one household live in the house, the
head of the household, the head being the person, who is so
recognized by the house or the household, and if he is not present
in the house at any time during the period within which the birth or
death has to be reported, the nearest relative of the head present
in the house, and in the absence of any such person, the oldest
adult male person present therein during the said period;
(b)
in respect of births and deaths in a hospital, health centre,
maternity or nursing home or other like institution, the medical
officer in charge or any person authorised by him in this behalf
;
(c) in respect of births and deaths in a jail, the jailer
in charge;
(d) in respect of births and deaths in a choultry,
chattram, hostel, dharmasala, boarding-house, lodging-house, tavern,
barrack, toddy shop or place of public resort, the person in charge
thereof ;
(e) in respect of any new-born child or dead body
found deserted in a public place, the headman or other corresponding
officer of the village in the case of a village and the officer in
charge of the local police station elsewhere:
Provided that
any person who finds such child or dead body, or in whose charge
such child or dead body may be placed, shall notify such fact to the
headman or officer aforesaid ;
(f) in any other place, such
person as may be prescribed.
(2) Notwithstanding anything
contained in sub-section (1), the State Government, having regard to
the conditions obtaining in a registration division, may by order
require that for such period as may be specified in the order, any
person specified by the State Government by designation in this
behalf, shall give or cause to be given information regarding births
and deaths in a house referred to in clause (a) of sub-section (1)
instead of the persons specified in that clause.
9.Special provision regarding
births and deaths in a plantation.- In the case of births and
deaths in a plantation, the superintendent of the plan- shall give
or cause to be given to the Registrar the information referred to in
section 8 :
Provided that the persons referred to in clauses
(a) to (f) of sub-section(1) of section 8 shall furnish the
necessary particulars to the superintendent of the
plantation.
Explanation.--- In this section, the expression
"plantation" means any land not less than four hectares in extent
which is being prepared for the production of, or actually produces,
tea, coffee, pepper, rubber, cardamom, cinchona or such other
products as the State Government may, by notification in the
Official Gazette, specify and the expression "superintendent of the
plantation" means the person having the charge or supervision of the
labourers and work in the
plantation, whether called a manager,
superintendent or by any other name.
10.Duty of certain persons to
notify or death births and deaths and to certify cause of
death.- (1) It shall be the duty of ---
( i) the midwife
or any other medical or heath attendant at a birth
( ii) the
keeper or the owner of a place set apart for the disposal of dead
bodies or any person required by a local authority to be present at
such place, or
(iii) any other person whom the State
Government may specify in this behalf by his designation,
to
notify every birth or death or both at which he or she attended or
was present, or was present, or which occurred in such areas as may
be prescribed, to the Registrar within such time and in such manner
as may be prescribed.
(2) In any area, the State Government,
having regard to the facilities available therein in this behalf,
may require that a certificate as to the cause of death shall be
obtained by the Registrar from such person and in such form as may
be prescribed.
(3) Where the State Government has required
under sub-section (2) that a certificate as to the cause of death
shall be obtained, in the event of the death of any person who,
during his last illness, was attended by a medical practitioner, the
medical practitioner shall, after the death of that person,
forthwith, issue without charging any fee, to the person required
under this Act to give information concerning the death, a
certificate in the prescribed form stating to the best of his
knowledge and belief the cause of death ; and the certificate shall
be received and delivered by such person to the Registrar at the
time of giving information concerning the death as required by this
Act.
11.Informant to
sign the register.- Every person who has orally given to the
Registrar any information required under this Act shall write in the
register maintained in this behalf, his name, description and place
of abode, and, if he cannot write, shall put his thumb mark in the
register against his name, description and place of abode, the
particulars being in Such a case entered by the Registrar.
12.Extracts of registration
entries to be given to informant.- The Register shall, as soon
as the registration of a birth or death has been completed, give,
free of charge, to the person who gives information under section 8
or section 9 an extract of the prescribed particulars under his hand
from the register relating to such birth or death.
Comment: The entry in the birth or death extract cannot be a document to prove the paternity of a person. 1995 AIHC 5416 (Kant.)
13.Delayed
registration of the births and deaths.- (1) Any birth or death of which
information is given to the Registrar after the expiry of the period
specified therefor, but within thirty days of its occurrence, shall
be registered on payment of such late fee as may be
prescribed.
(2) Any birth or death of which delayed
information is given to the Registrar after thirty days but within
one year of its occurrence shall be registered only with the written
permission of the prescribed authority and on payment of the
prescribed fee and the production of an affidavit made before a
notary public or any other officer authorised in this behalf by the
State Government.
(3) Any birth or death which has not been
registered within one year of its occurrence, shall be registered
only on an order made by a magistrate of the first class or a
Presidency Magistrate after verifying the correctness of the birth
or death and on payment of the prescribed fee.
(4) The
provisions of this section shall be without prejudice to any action
that may be taken against a person for failure on his part to
register any birth or death within the time specified therefor and
any such birth or death may be registered during the pendency of any
such action.
14.Registration of name of
child.- Where the birth of any child has been registered without
a name, the parent or guardian of such child shall within the
prescribed period give information regarding the name of the child
to the Registrar either orally or in writing and thereupon the
Registrar shall enter such name in the register and initial and date
the entry.
15.Correction or cancellation
of entry in the register of births and deaths.- If it is proved
to the satisfaction of the Registrar that any entry of a birth or
death in any register kept by him under this Act is erroneous in
form or substance, or has been fraudulently or improperly made, he
may, subject to such rules as may be made by the State Government
with respect to the conditions on which and the circumstances in
which such entries may be corrected or cancelled, correct the error
or cancel the entry by suitable entry in the margin, without any
alternation of the original entry, and shall sign the marginal entry
and add thereto the date of the correction or
cancellation.
CHAPTER
IV
MAINTENANCE
OF RECORDS AND STATISTICS
16.Registrars to keep registers
in the prescribed form.- (1) Every Register shall keep in the
prescribed form a register of births and deaths for the registration
area or any part thereof in relation to which he exercises
jurisdiction.
(2) The Chief Registrar shall cause to be
printed and supplied a sufficient number of register books for
making entries of births and deaths according to such forms and
instructions as may, from time to time, be prescribed; and a copy of
such forms in the local language shall be posed in some conspicuous
place on or near the outer door of the office of every
Registrar.
17.Search
of Births and deaths.- (1) Subject to any rules made in this
behalf by the State Government, including rules relating to the
payment of fees and postal charges, any person may--
(a)
cause a search to be made by the Registrar for any entry in a
register of births and deaths ; and
(b) obtain an extract
from such register relating to any birth or death:
Provided
that no extract relating to any death, issued to any person, shall
disclose the particulars regarding the cause of death as entered in
the register.
(2) All extracts given under this section shall
be certified by the Registrar or any other officer authorised by the
State Government to give such extracts as provided in section 76 of
the Indian Evidence Act, 1872(1 of 1872.), and shall be admissible
in evidence for the purpose of providing the birth or death to which
the entry relates.
18.Inspection of registration
offices.- The registration offices shall be inspected and the
registers kept therein shall be examined in such manner and by such
authority as may be specified by the District Registrar.
19.Registrars to send
periodical returns to the Chief Registrar for compilation.- (1)
Every Registrar shall send to the Chief Registrar or to any officer
specified by him, at such intervals and in such form as may be
prescribed, a return regarding the entries of births and deaths in
the register kept by such Registrar.
(2) The Chief Registrar
shall cause the information in the returns furnished by the
Registrars to be complied and shall publish for the information of
the public a statistical report on the registered births and deaths
during the year at such intervals and in such form as may be
prescribed.
CHAPTER
V
MISCELLANEOUS
20.Special provision as to
registration of births and deaths of citizens outside India.-
(1) The Registrar-General shall, subject to such rules as may be
made by the Central Government in this behalf, cause to be
registered information as to births and deaths of citizens of India
outside India received by him under the rules relating to the
registration of such citizens at Indian Consulates made under the
Citizenship Act, 1955 (57 of 1955), and every such registration
shall also be deemed to have been duly made under this
Act.
(2) In the case of any child born outside India in
respect of whom information has not been received as provided in
sub-section (1), if the parents of the child return to India with a
view to settling therein, they may, at any time within sixty days
from the date of the arrival of the child in India, get the birth of
the child registered under this Act in the same manner as if the
child was born in India and the provisions of section 13 shall apply
to the birth of such child after the expiry of the period of sixty
days aforesaid.
21.Power of Registrar to obtain
information regarding births or death.- The Registrar may either
orally or in writing require any person to furnish any information
within his knowledge in connection with a birth or death in the
locality within which such person resides and that person shall be
bound to comply with such requisition.
22.Powers to give
directions.-The Central Government may give such directions to
any State Government as may appear to be necessary for carrying to
execution in the State any of the provisions of this Act or of any
rule or order made thereunder.
23.Penalties.- (1) Any
person who --
(a) fails without reasonable cause to give any
information which it is his duty to give under any of the provisions
of sections 8 and 9; or
(b) gives or causes to be given, for
the purpose of being inserted in any register of births and deaths,
any information which he knows or believes to be false regarding any
of the particulars required to be known and registered;
or
(c) refuses to write his name, description and place of
abode or to put his thumb mark in the register as required by
section 11,
shall be punishable with fine which may extend to
fifty rupees.
(2) Any Registrar or Sub-Registrar who neglects
or refuses, without reasonable cause, to register any birth or death
occurring in his jurisdiction or to submit any returns as required
by sub-section (1) of section 19 shall be punishable with fine which
may extend to fifty rupees.
(3) Any medical practitioner who
neglects or refuses to issue a certificate under sub-section (3) of
section 10 and any person who neglects or refuses to deliver such
certificate shall be punishable with fine which may extend to fifty
rupees.
(4) Any person who without reasonable cause,
contravenes any provision of this Act for the contravention of which
no penalty is provided for in this section shall be punishable with
fine which may extend to ten rupees.
(5) Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 (5 of
1898.), an offence under this section shall be tried summarily by a
magistrate.
24.Power
to compound offences.- (1) Subject to such conditions as may be
prescribed, any officer authorised by the Chief Registrar by a
general or special order in this behalf may, either before or after
the institution of criminal proceedings under this Act, accept from
the person who has committed or is reasonably suspected of having
committed an offence under this Act, by way of composition of such
offence a sum of money not exceeding fifty rupees.
(2) On the
payment of such sum of money, such person shall be discharged and no
further proceedings shall be taken against him in respect of such
offence.
25.Sanction
for prosecution.- No prosecution for an offence punishable under
this Act shall be instituted except by an officer authorised by the
Chief Registrar by general or special order in this
behalf.
26.Registrars and Sub-Registrars
to be demand public servants.- All Registrars and Sub-Registrars
shall, while acting or purporting to act in pursuance of the
provisions of this Act or any rule or order made thereunder, be
deemed to be public servants within the meaning of section 21 of the
Indian Penal Code(45 of 1860.).
27.Delegation of
powers.-The State Government may, by notification in the
Official Gazette, direct that any power execrable by it under this
Act (except the power to make rules under section 30) or the rules
made thereunder shall, subject to such conditions, if any, as may be
specified in the direction, be execrable also by such officer or
authority subordinate to the State Government as may be specified in
the direction.
28.Protection of action taken
in good faith.- (1) No suit, prosecution or other legal
proceeding shall lie against the Government, the Registrar-General,
any Registrar, or any person exercising any power or performing any
duty under this Act for anything which is in good faith done or
intended to be done in pursuance of this Act or any rule or order
made thereunder.
(2) No suit or other legal proceeding shall
lie against the Government for any damage caused or likely to be
caused by anything which is in good faith done or intended to be
done in pursuance of this Act or any rule or order made
thereunder.
29.Act
not to be in derogation of Act 6 of 1886.- Nothing in this Act
shall be construed to be in derogation of the provisions of the
Births, Deaths and Marriages Registration Act, 1886.
30.Power to make rules.-
(1) The State Government may, with the approval of the Central
Government, by notification in the Official Gazette, make rules to
carry out the purposes of this Act.
(2) In particular, and
without prejudice to the generality of the foregoing provision, such
rules may provide for --
(a) the forms of registers of births
and deaths required to be kept under this Act;
(b) the period
within which and the form and the manner in which information should
be given to the Registrar under section 8;
(c) the period
within which and the manner in which births and deaths shall be
notified under sub-section (1) of section 10;
(d) the person
from whom and the form in which a certificate as to cause of death
shall be obtained;
(e) the particulars of which extract may
be given under section 12 ;
(f) the authority which may grant
permission for registration of a birth or death under sub-section
(2) of section 13;
(g) the fees payable for registration made
under section 13;
(h) the submission of reports by the Chief
Registrar under such-section (4) of section 4;
(i) the search
of birth and death registers and the fees payable for such search
and for the grant of extracts from the registers;
(j) the
forms in which and the intervals at which the returns and the
statistical report under section 19 shall be furnished and
published;
(k) the custody, production and transfer of the
registers and other records kept by Registrars;
(l) the
correction of errors and the cancellation of entries in the register
of births and deaths;
(m) any other matter which has to be,
or may be, prescribed.
31.Repeal and saving.- (1)
Subject to the provisions of section 29, as from the coming into
force of this Act in any State or part thereof, so much of any law
in force therein as relates to the matters covered by this Act shall
stand repealed in such State or part, as the case may be.
(2)
Notwithstanding such repeal, anything done or any action taken
(including any instruction or direction issued, any regulation or
rule or order made) under any such law shall, in so far as such
thing or action is not inconsistent with the provisions f this Act,
be deemed to have been done or taken under the provisions aforesaid,
as if they were in force when such thing was done or such action was
taken, and shall continue in force accordingly until superseded by
anything done or any action taken under this Act.
32.Power to remove
difficulty.- If any difficulty arises in giving effect in a
State to the provisions of this Act in their application to any
area, the State Government may, with the approval of the Central
Government, by order make such provisions or give such directions
not inconsistent with the provisions of this Act as appears to the
State Government to be necessary or expedient for removing the
difficulty;
Provided that no order shall be made under this
section in relation to any area in a State after the expiration of
two years from the date on which this Act comes into force in that
area.birth