An Act to provide
for the regulation of registration of 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 Death 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 State.
2. Definitions
and interpretation-
(1) In this Act,
unless the context 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 expulsion or extraction
from its mother of a product of conception, irrespective of the duration of pregnancy
which, after such expulsion or extraction, breaths 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.
Gazette for statement
of Objects and Reasons, See Gazette of India dated 18-12-1267, Part II page-87
*Came into force
into force in Kerala on 1-4-1970 see GRS 561 Gazette Ind. 1970 Part II page 966.
**This is akin
to abortion which means premature expulsion of the product of conception from the
uterus before viability.
(2) Any reference
in this Act to 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 Offices Gazette, appoint a person to be known
as the Registrar- General, India.
(2) The
central Government may also appoint such other officers with such designation as
it thinks fit for the purpose of ‘discharging under the superintendence and direction
of the Registrar-General, such functions of the Register-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 Registrars in the matter of registration of births and deaths
and submit to the Central Government an 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, appoints 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 function 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 there under 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 otherwise 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 referred to in sub-section
(2) of section19.
*The Director
of panchayats has been appointed as the Chief Registrar for the State of Kerala,
Vide SRO.144/70 Published in Kerala Gazette Extra. No. 115 dated 31-3-1970.
**Additional
Director and Deputy Director (Vital Statistics) Bureau of Economics and Statistics
appointed as Addl. Chief Registrar and Deputy Chief Registrar by SRO 81/71 published
in Kerala Gazette No. 9 dated 9-3-1971.
(5).Registration divisions- The State Government
may, by notification in the Chief 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 direct 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 cast of municipality, panchayat or other
local authority, any officer or other employee thereof as a Registrar .
(2) Every
Registrar shall, without fee or reward enter in the register maintained for the
purpose all information given to him unders.8 or s.9 and shall also takes steps
to inform himself carefully of every birth and 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.
*District Panchayat
Officers have been appointed as District Registrars Vide SRO 145/70 Published in
Kerala Gazette Extra No.115 dated 31-3-70 redesignated as per G.O.(MS) No. 133/96/LAD
dated 8-7-1996 as Assistant Director of panchayats.
**Senior Research
Assistants in District Statistical Offices appointed as Addl. District Registrars
of respective revenue district by SRO.82/71 published in Kerala Gazette. No. 9 dated
9-9-1971.
***The following
have been appointed as Registrars for the local areas comprising the areas within
the jurisdiction of the local authorities specified in column (1)
(1)
(2)
1. Corporation
functioning under the Kerala Commissioners of the Corporations Municipal Corporations
Act, . concerned
1961 (30 of 1961)
2.
Municipalities functioning under the Kerala ****(Health insepctors of the Municipalities/Township
concerned)
Municipalities
Act, 1960 (14 of 1961 )
3 Panchayats
functioning under the Kerala Executive Officers of the concerned.
Panchayats Act
****Substituted
by SRO.118/72 for the words "commissioners" of Municipalities concerned
and Executive officer of the Township, Published in Gazette No.49 dated 16thDecember, 1975.
Commissioners
of Municipalities are redesignated as Secretaries and Executive Officers of Panchayats
has been redesignated of secretaries of Grama Panchayats as per Kerala Municipalities
Act and Panchayat Raj Act.
(4) Every
Registrar shall attend his office for the purpose of registering births and deaths
on such days and 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 languages 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 –Registrar 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 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-sections
(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 clauses (b)
to (e) the head of the house or in case more than one household live in the house,
the head of the house or the household, the head being the person, who is so recognised
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 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 persons authorised by him in this behalf ;
(c)In respect of births and deaths in a jail the jailor
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 persons in charge thereof;
(e)In respect of any new-born child or dead body found
deserted in a public place, the head man or other corresponding officer of the village
in the case of a village or 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 fact to the headman or officer aforesaid;
(f)In any other place, such person 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 plantation 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 the work in the plantation, whether called a manager, superintendent or by other
name.
10.Duty of certain persons to notify births and deaths
and to certify causes of death-
(I)It shall be the duty of-
(i)The
midwife or any other medical or health attendant at a birth or death.
(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
persons 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 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,
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 which occurred in such areas as may be prescribed, to the Registrar within such
time and in such manner 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 persons who,
during his last illness, was attended by a medical practitioner , the medical practitioner
shall after the death of that person, forth with, issue without charging any fee,
to the persons 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 times 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 or registration entries to be given to informant-
The Registrar shall, as soon as the registration of birth and death has been completed,
give free of charge, to the person who gives information under section 8 of section
9 extract of presented particulars under his hand from the register relating to
such birth or death.
13.Delayed registration of births and deaths-
(1) Any
birth or death which information is given to the Registrar after the expiry of the
period specified therefore but within thirty days of its occurrence shall be registered
on payment of such late fee as may be prescribed.
(2) Any births
or deaths 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 persons for failure on his part to register any birth or death with in the time
specified there for 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 there upon the
Registrar shall enter such name in the register and initial and date the entry.
15.Correction or Cancellation of entry in the 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 rule 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 alteration of the original entry, and shall sign
the marginal entry and add thereto the date of the correction or cancellation.
*Class $ 11 Officers
of the State Government authorised to attest affidavits required under S.13(2) by
SRO 348/71. Published in Kerala Gazette NO. 37 Dated 21-9-71.
CHAPTER IV
Maintenance
of Records and Statistics.
16.Registrars to keep registers in the prescribed form:-
(1) Every
Registrar 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 the such forms in the local
language shall be posted in some conspicuous place on or near the outer door of
the office of every Registrar.
17.Search of births and deaths register:-
(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 on 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 relating to the registration of such
citizens at Indian Consultants made under the citizenship Act 1955 (57 of 1955)
and every such registration shall also be deemed to have been duty made under this
Act.
(2)In 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 provisions of S. 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
birth 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.Power to give directions-
The Central Government may give such directions to any state Government as may appear
to be necessary for carrying into execution in the State any of the provisions of
this Act 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 section11;
shall be punishable
with fine which may extend to fifty rupees.
(2) Any Register
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-sections (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, 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 1989) an offence under this section shall be tried summarily
by a magistrate.
24.Power to compound offenses-
(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 payment
of such sum 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 deemed 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, notification in the Official Gazette , direct that any
power exercisable 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 exercisable 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 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, to 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
sub-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 other records kept by Registrars.
(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.
[(3) Every rule
made under this Act shall be laid as soon as may be after is made, before the State
Legislature.]
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 of this Act, be deemed to have been done or 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, 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.
*Sub (3) Inserted
by Delegated Legislation Provisions (Amendment) Act 4 of 1986 published in Gazette
of India dated, 14thJanuary,
1986.