The Births, Deaths and Marriages Registration Act, 1886

THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886

Source page 1

Section 11 — Persons whose births and deaths are registrable. B

Section 18 — Register books to be supplied and preservation of records to be provided for. C

THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Powers exercisable from time to time CHAPTER II GENERAL REGISTRY OFFICES OF BIRTHS, DEATHS AND MARRIAGES 6. CHAPTER III REGISTRATION OF BIRTHS AND DEATHS A.—Application of this Chapter 11. Persons whose births and deaths are registrable. Duty of Registrar to register births and deaths of which notice is given. Grant of certificate of registration of birth or death.

SECTIONS

Source page 2

Section 26 — Exceptional provision for registration of certain births and deaths. D

Section 27 — Penalty for willfully giving false information. E

Duty of Registrars as to sending certified copies of entries in register books to Registrar General. Searches and copies of entries in register books. Exceptional provision for registration of certain births and deaths. D.—Penalty for False Information 27. Penalty for willfully giving false information. Correction of entry in register of births or deaths.

THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886

Source page 3

Section 1 — Short title and commencement

Section 2 — Extent

Section 3 — Definitions

Section 4 — Saving of local laws

THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886 1 ACT NO. 6 OF 1886 [8th March, 1886.] An Act to provide for the voluntary Registration of certain Births and Deaths, for the establishment of General Registry Offices for keeping Registers of certain Births, Deaths and Marriages, and for certain other purposes. WHEREAS it is expedient to provide for the voluntary registration of births and deaths among certain classes of persons, for the more effectual registration of those births and deaths and of the marriages 2 registered under Act 3 of 1872 , or the Indian Christian Marriage Act, 1872 (15 of 1872) and of certain 3 marriages registered under the Parsi Marriage and Divorce Act, 1865 (15 of 1865), and for the establishment of general registry offices for keeping registers of those births, deaths and marriages; AND WHEREAS it is also expedient to provide for the authentication and custody of certain existing registers made otherwise than in the performance of a duty specially enjoined by the law of the country in which the registers were kept, and to declare that copies of the entries in those registers shall be admissible in evidence; It is hereby enacted as follows:— CHAPTER I PRELIMINARY 1. Short title and commencement.—(1) This Act may be called the Births, Deaths and Marriages Registration Act, 1886; and 4 (2) It shall come into force on such day as the Central Government, by notification in the Official Gazette, directs. Definitions.—In this Act, unless there is something repugnant in the subject or context,—“sign” includes mark, when the person making the mark is unable to write his name; 9 “prescribed” means prescribed by a rule made *** under this Act; and “Registrar of Births and Deaths” means a Registrar of Births and Deaths appointed under this Act. Saving of local laws.—Nothing in this Act, or in any rule made under this Act, shall affect any law heretofore or hereafter passed providing for the registration of births and deaths within particular local areas.

5. Powers exercisable from time to time.—All powers conferred by this Act may be exercised from

Source page 4

Section 5 — Powers exercisable from time to time

Section 6 — Establishment of general registry offices and appointment of Registrars General

Section 7 — Indexes to be kept at general registry office

Section 8 — Indexes to be open to inspection

Section 9 — Copies of entries to be admissible in evidence

Section 10 — Superintendence of Registrars by Registrar General

Powers exercisable from time to time.—All powers conferred by this Act may be exercised from time to time as occasion requires. CHAPTER II GENERAL REGISTRY OFFICES OF BIRTHS, DEATHS AND MARRIAGES 6. Establishment of general registry offices and appointment of Registrars General.—(1) Each State Government— (a) shall establish a general registry office for keeping such certified copies of registers of births 1 and deaths registered under this Act, or marriages registered under Act 3 of 1872 (to provide a form of marriage in certain cases) or the Indian Christian Marriage Act, 1872 ( 15 of 1872), or, beyond the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Bombay, 2 under the Parsi Marriage and Divorce Act, 1865 (15 of 1865), as may be sent to it under this Act, or under any of the three last-mentioned Acts, as amended by this Act; and (b) may appoint to the charge of that office an officer, to be called the Registrar General of Births, Deaths and Marriages, for the territories under its administration: 3 * * * * * 7. Indexes to be kept at general registry office.—Each Registrar General of Births, Deaths and Marriages shall cause indexes of all the certified copies of registers sent to his office under this Act, or 1 under Act 3 of 1872 the Indian Christian Marriage Act, 1872 (15 of 1872), or the Parsi Marriage and 2 Divorce Act, 1865 (15 of 1865), as amended by this Act, to be made and kept in his office in the prescribed form. Indexes to be open to inspection.—Subject to the payment of the prescribed fees the indexes so made shall be at all reasonable time open to inspection by any person applying to inspect them, and copies of entries in the certified copies of the registers to which the indexes relate shall be given to all persons applying for them. Persons whose births and deaths are registrable.—(1) The persons whose births and deaths shall, in the first instance, be registrable under this Chapter are the following, namely:— 4 (a) in [the territories to which this Act extends] the members of every race, sect or tribe to which 5 the Indian Succession Act, 1865 (10 of 1865) applies, and in respect of which an order under section 332 of that Act is not for the time being in force, and all persons professing the Christian religion; 1.

* * * * *

Source page 5

Section 12 — Power for State Government to appoint Registrars for its territories

Section 13 — [Power for Central Government to appoint Registrars for Indian States]

Section 14 — Registrar to be deemed a public servant

Section 15 — [Power to remove Registrars].—Rep. by the A.O. 1937. 16. Office and attendance of Registrar

Section 17 — Absence of Registrar or vacancy in his office

1 * * * * * 2 (2) But the State Government by notification in the Official Gazette, may *** extend the operation of this Chapter to any other class of persons either generally or in any local area. Power for State Government to appoint Registrars for its territories.—The State Government may appoint, either by name or by virtue of their office, so many persons as it thinks necessary to be Registrars of Births and Deaths for such local areas within the territories under its administration as it may define and, if it sees fit, for any class of persons within any part of those territories. 13. [Power for Central Government to appoint Registrars for Indian States]. Registrar to be deemed a public servant.—Every Registrar of Births and Deaths shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). 15. [Power to remove Registrars].—Rep. by the A.O. Office and attendance of Registrar.—(1) Every Registrar of Births and Deaths shall have an office in the local area, or within the part of the territories or dominions for which he is appointed. (2) Every Registrar of Births and Deaths to whom the State Government may direct this sub-section to apply shall attend at his office for the purpose of registering births and deaths on such days and at such hours as the Registrar General of Births, Deaths and Marriages may direct, and shall cause to be placed in some conspicuous place on or near the outer door of his office his name, with the addition of Registrar of Births and Deaths for the local area or class for which he is appointed, and the days and hours of his attendance.

C.—Mode of registration

Source page 6

Section 19 — Duty of Registrar to register births and deaths of which notice is given

Section 20 — Persons authorised to give notice of birth

Section 21 — Persons authorised to give notice of death

Section 22 — Entry of birth or death to be signed by person giving notice

Duty of Registrar to register births and deaths of which notice is given.—Every Registrar of Births and Deaths of notice of a birth or death within the local area or among the class for which he is appointed, shall, if the notice is given within the prescribed time and in the prescribed mode by a person authorized by this Act to give the notice, forthwith make an entry of the birth or death in the proper register book: Provided that— (a) if he has reason to believe the notice to be in any respect false, he may refuse to register the birth or death until he receives an order from the Judge of the District Court directing him to make the entry and prescribing the manner in which the entry is to be made; and (b) he shall not enter in the register the name of any person as father of an illegitimate child, unless at the request of the mother and of the person acknowledging himself to be the father of the child. Persons authorised to give notice of birth.—Any of the following persons may give notice of a birth, namely:— (a) the father or mother of the child; (b) any person present at the birth; (c) any person occupying, at the time of the birth, any part of the house wherein the child was born and having knowledge of the child having been born in the house; (d) any medical practitioner in attendance after the birth and having personal knowledge of birth occurred; (e) any person having charge of the child. Persons authorised to give notice of death.—Any of the following persons may give notice of a death, namely:— (a) any relative of the deceased having knowledge of any of the particulars required to be registered concerning the death; (b) any person present at the death; (c) any person occupying, at the time of the death, any part of the house wherein the death occurred and having knowledge of the deceased having died in the house; (d) any person in attendance during the last illness of the deceased: (e) any person who has seen the body of the deceased after death. Entry of birth or death to be signed by person giving notice.—(1) When an entry of a birth or death has been made by the Registrar of Births and Deaths under section 19, the person giving notice of the birth or death must sign the entry in the register in the presence of the Registrar: 1 [Provided that it shall not be necessary for the person giving notice to attend before the Registrar or to sign the entry in the register if he has given such notice in writing and has furnished to the satisfaction of the Registrar such evidence of his identity as may be required by any rules made by the State Government in this behalf.] 1.

(2) Until the entry has been so signed, [or the conditions specified in the proviso to sub-section (1)

Source page 7

Section 23 — Grant of certificate of registration of birth or death

Section 25 — Searches and copies of entries in register books

1 (2) Until the entry has been so signed, [or the conditions specified in the proviso to sub-section (1) have been complied with] the birth or death shall not be deemed to be registered under this Act. (3) When the birth of an illegitimate child is registered, and the mother and the person acknowledging himself to be the father of the child jointly request that person may be registered as the father, the mother and that person must both sign the entry in the register in the presence of the Registrar. Grant of certificate of registration of birth or death.—The Registrar of Births and Deaths shall, on application made at the time of registering any birth or death by the person giving notice of the birth or death, and on payment by him of the prescribed fee, give to the applicant a certificate in the prescribed form signed by the Registrar, of having registered the birth or death. In this sub-section “Church of England” and “Church of Scotland” means the Church of England and the Church of Scotland as by law established respectively; and “Church of Rome” means the Church which regards the Pope of Rome as its spiritual head. Searches and copies of entries in register books.—(1) Every Registrar of Births and Deaths shall, on payment of the prescribed fees, at all reasonable times, allow searches to be made in the register books kept by him, and give a copy of any entry in the same. (2) Every copy of an entry in a register book given under this section shall be certified by the Registrar of Births and Deaths, and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates. Exceptional provision for registration of certain births and deaths.—Notwithstanding 5 6 anything in section 19, the [State Government] may make rules authorising Registrars of Births and Deaths, on conditions and in circumstances to be specified in the rules, to register births and deaths occurring outside the local areas or classes for which they are appointed. Sub-section (2) omitted by the A.O.

E.—Correction of Errors

Source page 8

Section 28 — Correction of entry in register of births or deaths

Section 30 — [Amendment of the Indian Christian Marriage Act, 1872]

Section 31 — [Addition of new section after section 8 of the Parsi Marriage and Divorce Act, 1865]

Section 33 — Appointment of Commissioners to examine registers

Correction of entry in register of births or deaths.—(1) If it is proved to the satisfaction of a Registrar of Births and Deaths that any entry of a birth or death in any register kept by him under this Act 1 2 is erroneous in form or substance, he may, subject to such rules as may be made by the [State Government] with respect to the conditions and circumstances on and in which errors may be corrected, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction. (2) If a certified copy of the entry has already been sent to the Registrar General of Births, Deaths and Marriages, the Registrar of Births and Deaths shall make and send a separate certified copy of the original erroneous entry and of the marginal correction therein made. CHAPTER IV AMENDMENT OF MARRIAGE ACTS 29. [Addition of new section after section 13, Act 3 of 1872]. Rep. by the Repealing Act, 1938 (1 of 1938), s. 30. [Amendment of the Indian Christian Marriage Act, 1872]. 31. [Addition of new section after section 8 of the Parsi Marriage and Divorce Act, 1865]. CHAPTER V SPECIAL PROVISIONS AS TO CERTAIN EXISTING REGISTERS 32.

(2) The Commissioners so appointed shall hold office for such period as the [authority appointing

Source page 9

Section 34 — Duties of Commissioners

Section 35 — Searches of lists prepared by Commissioners and grant of certified copies of entries

Section 35A — Constitution of additional Commissions for purposes of this Chapter

Section 36 — Rules

1 (2) The Commissioners so appointed shall hold office for such period as the [authority appointing them], by the order of appointment, or any subsequent order, directs. Duties of Commissioners.—(1) The Commissioners appointed under the last foregoing section shall enquire into the state, custody and authenticity of every such register or record as may be sent to the Registrar General of Births, Deaths and Marriages under section 32; and shall deliver to the Registrar General a descriptive list or descriptive lists of all such registers or records, or portions of registers or records, as they find to be accurate and faithful. (2) The list or lists shall contain the prescribed particulars and refer to the registers or records, or to the portions of the registers or records, in me prescribed manner. (3) The Commissioners, shall also certify in writing, upon some part of every separate book or volume containing any such register or record, or portion of a register or record, as is referred to in any list or lists made by the Commissioners, that it is one of the registers or records, or portions of registers or records, referred to in the said list or lists. Searches of lists prepared by Commissioners and grant of certified copies of entries.—(1) Subject to the payment of the prescribed fees, the descriptive list or lists of registers or records, or portions of registers or records, delivered by the Commissioners to the Registrar General of Births, Deaths and Marriages shall be, at all reasonable times, open to inspection by any person applying to inspect it or them, and copies of entries in those registers or records shall be given to all persons applying for them. (2) A copy of an entry given under this section shall be certified by the Registrar General of Births, Deaths and Marriages, or by an officer or person authorised in this behalf by the State Government and shall be admissible in evidence for the purpose of proving the birth, baptism, naming, dedication, death, burial or marriage to which the entry relates. Constitution of additional Commissions for purposes of this Chapter.—(1) *** The State 4 5 Government [may by notification in the Official Gazette] appoint more Commissions than one for the purposes of section 33, each such Commission consisting of so many and such members, and having its functions restricted to the disposal, under this Act and the rules there under, of such registers and records sent under section 32 to the Registrar General, as may be specified in the notification. (2) If more Commissions than one are appointed in exercise of the power conferred by sub-section (1), then references in this Act to the Commissioners shall be construed as references to the members constituting a Commission so appointed.] CHAPTER VI RULES 6 7 8 [36. Rules.— [(1) The State Government, for each State *** may make rules to carry out the purpose of this Act.] (2) In particular and without prejudice to the generality of the foregoing power, such rules may— (a) fix the fees payable under this Act; 1. For Commissioners appointed under this section, see Gazette of India, 1890, Pt.

(b) prescribe the forms required for the purposes of this Act;

Source page 10

(b) prescribe the forms required for the purposes of this Act; (c) prescribe the time within which, and the mode in which, persons authorised under this Act to give notice of a birth or death to a Registrar of Births and Deaths must give the notice; (d) prescribe the evidence of identity to be furnished to a Registrar of Birth and Deaths by persons giving notice of a birth or death in cases where personal attendance before such Registrar is dispensed with; (e) prescribe the registers to be kept and the form and manner in which Registrars of Births and Deaths are to register births and deaths under this Act, and the intervals at which they are to send to the Registrar General of Births, Deaths and Marriages true copies of the entries of births and deaths in the registers kept by them; (f) prescribe the conditions and circumstances on and in which Registers of Births and Deaths may correct entries of births and deaths in registers kept by them; (g) prescribe the particulars which the descriptive list or lists to be prepared by the Commissioner appointed under Chapter V are to contain, and the manner in which they are to refer to the registers or records, or portions of registers or records, to which they relates; and (h) prescribe the custody in which those registers or records are to kept. (3) Every power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication. (4) All rules made under this Act shall be published in the Official Gazette and on such publication shall have effect as if enacted in this Act.] 37. [Procedure for making and publication of rules]. Rep. by the Births, Deaths and Marriages Registration (Amendment) Act, 1911 (9 of 1911) s.