The Registration of Births and Deaths Act, 1969 (Act No. 18 of 1969)
The Registration of Births and Deaths Act, 1969 (Act No. 18 of 1969)
The Registration of Births and Deaths Act, 1969 (Act No. 18 of 1969)
Short title,
extent and
commencement
Definitions and
interpretation
CHAPTER I
PRELIMINARY
1. (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 State
2. (1) In this Act, unless the context otherwise requires :-
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(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
RegistrarGeneral, India
3.
1) The Central Government may, by notification in the
Official Gazette, appoint a person to be known as the RegistrarGeneral, 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, authorize 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
Chief Registrar
Registration
division
District Registrar
Registrars
Chapter III
REGISTRATION OF BIRTHS AND DEATHS
Person required 8. (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
to register Births
the best of their knowledge and belief, within such time as
and Deaths
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 clauses
(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 authorized 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, chetrum, hostel,
dharamshala, 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 else where:
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.
Special provision 9
In the case of births and deaths in a plantation, the
regarding births superintendent of the plantion shall give or cause to be given to the
and deaths in a Registrar the information referred to in section 8 :
plantation:Provided that the persons referred to in clauses (a) to (f) of subsection (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
Duty of certain 10. (1) It shall be the duty of_
persons to notify (i) the midwife or any other medical or health attendant at a birth
births
and
or a death ,
deaths and to (ii) the keeper or the owner of a place set apart for the disposal of
certify cause of
dead bodies or any person required by a local authority to
death
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
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 subsection (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 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.
Informant
to 11. Every person who has orally given to the Registrar any
sign the register
information required under this Act shall write in the
register maintained in this behalf ,his name, description and
place of abode, and, if he can not 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.
Extracts
registration
entries to
given
informant
Delayed
13 (1) Any birth or death of which information is given to the Reregistration of gistrar after the expiry of the period specified therefor, but within
Births
and thirty days of its occurrence, shall be registered on payment of such
deaths
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 authorized 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 therefore and any such birth or death may be
registered during the pendency of any such action.
Registration of 14. Where the birth of any child has been registered without a
name of child
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
of the entry
Correction
or
cancellation of
entry in the
register of births
and deaths
Chapter IV
MAINTENANCE OF RECORDS AND STATISTICS
Registrars
to 16. (1) Every Registrar shall keep in the prescribed form a register
keep registers in of births and deaths for the registration area or any part thereof in
the prescribed relation to which he exercises jurisdiction
form.
(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 posted in some conspicuous place on or near the
outer door of the office of every Registrar
Search of births 17. (1) Subject to any rules made in this behalf by the State
and
deaths Government, including rules relating to the payment of fees and
register
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 authorized 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 proving the birth or death to which the
entry relates
Inspection
Registration
Offices
of 18. The registration offices shall be inspected and the manner and
by such authority as may be specified by the District Registrar.
Registrar to send
periodical
returns to the
chief Registrar
for compilation
19. (I) 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 compiled 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
Special provision
as to registration
of births and
deaths of citizens
out side India
Power of
Registrar to
obtain
information
regarding birth
or death
21. The Registrar may either orally or in writing require any person
to furnish any information with in his knowledge in connection
with in the Locality within which such person resides and that
person shall be bound to comply with such requisition.
Power to
direction
Penalties.
give 22. 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 or of any
rule or order made there under.
Sanction
prosecution
for 25. No prosecution for an offence punishable under this Act shall
be instituted except by an officer authorized
by the Chief
Registrar by general or special order in this behalf.
Registrars and
Sub-Registrars
to be deemed
public
servants(45
of
1860)
Delegation
Powers
26. 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 there under, be deemed to be pubic servants within
the meaning of section 21 of the Indian Penal Code.
Protection
of 28. (1) No suit, prosecution or other legal proceeding shall lie
Action taken in against the Government, the Registrar-General, any Registrar, or
good faith
any person exercising any power or performing any duty under this
Act for any thing which is in good faith done or intended to be
done in pursuance of this Act or any rule or order made there
under.
(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 there under
Act not to be in
derogation of
Act 6 of 1886
Power to make 30. (1) The State Government may, with the approval of the
rules
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 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
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;
(I) 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
Repeal
saving
and 31. (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 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.
Power to remove 32. If any difficulty arises in giving effect in a State to the prodifficulties
visions 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.
PUNJAB GOVT. GAZETTE. FEB 13, 2004 (MAGHA 24, 1925 SAKA)
GOVERNMENT OF PUNJAB
DEPARTMENT OF HEALTH AND FAMILY WELFARE
Notification
The 21st January, 2004
No.G.S.R. 9/C.A.18/1969/S.30/2004- -- In exercise of the powers conferred by section 30 of the
Registration of Births and Deaths Act,1969 (Central Act 18of 1969) and all other powers enabling him
in this behalf, the Governor of Punjab with the approval of the Central Government conveyed by the
office of the Registrar General, India,-- vide his letter No. 6/4/97-VS (CRS)Vol.-III dated 3/1/2001 is
pleased to make the following rules, namely:1.Short title and commencement.-- (1) These rules may be called the Punjab
Registration of Births and Deaths Rules, 2004.
(2.)They shall into force on and with effect from the date of their publication in the
official Gazette.
2. Definitions.-- In these rules, unless the context otherwise requires,a. Act means the Registration of Births and Deaths Act,1969;
b. Form means a Form appended to these rules;
c. Section means a section of the Act; and
d. State Government means the Government of the State of Punjab in the
Department of Health and Family Welfare.
Section 2(I) (g) and 30 3. Period of gestation.-- The Period of gestation for the
Sections 8, 9 and 30
Section 12 and 30
5.
If the extract of birth or death is not collected by the
concerned person as referred to in sub-rules (2), (3) and (4)
within the period stipulated therein, the Registrar or the officer
or person in charge of concerned institution as referred to in
sub-rule (4), shall transmit the same to the concerned family by
post within fifteen days of the expiry of the aforesaid period.
Section 13(1) (2) (3) and
30
Section 14 and 30
Any birth or death which has not been registered within one
year of its occurrence, shall be registered only on obtaining by
the District Registrar an order of the Sub-Divisional Magistrate
or any Magistrate of the First Class nominated by the District
Magistrate in this behalf and on payment of a late fee of rupees
ten.
10. Period for giving information regarding name of the
child.--(1) Where the birth of any child had been registered
without a name, the parent or guardian of such child shall,
within a period of twelve months from the date of registration
of the birth of the child, give information regarding the name of
the child to the Registrar, either orally or in writing:
Provided that if the information is given after the aforesaid
period of twelve months, but within a period of fifteen years,
which shall be reckoned:-(i)
in case where the registration had been made prior to
the date of commencement of the Registration of Births
and Deaths (Amendment) Rules, 1984 published,- vide
notification No.1116-6HBV-84, dated the 3rd August,
1984 from the date of commencement of these rules i.e.
the 3rd day of August, 1984. ; and
(ii)
In case where the registration is made after the date of
commencement of the Registration of Births and Deaths
((Amendment) Rules, 1984 published vide notification
No.1116-6HBV-84, dated the 3rd August, 1984 from the
date of such registration, subject to the provisions of
sub-section (4) of section 23.
(b)
Section 17 and 30
(a)
3.
4.
2/2/-
5/2/-
Section 19 (1) and 30 14. Interval and forms of periodical returns.---1. Every
Section 19 (2) and 30 15. Statistical report.--- The statistical report under subsection (2) of section 19 shall contain the tables in the form
given in appendix, appended to these rules and shall be
compiled for each year before the 31st day of July of the
following year, and shall be published as soon as possible
thereafter, but in any case not later than five months from that
date.
Section 23, 24 and 16. Compounding of offences.---1. Any offence punishable
under section 23 may either before or after the institution of
30
criminal proceedings under this Act, be compounded by an
officer authorized by the Chief Registrar by a general or
special order in this behalf, if the officer so authorized is
satisfied that the offence was committed through inadvertence
or oversight or for the first time.
2. Any offence committed under sub-sections (1), (2) and (3)
of section 23 may be compounded on payment of a sum, not
exceeding rupees fifty and the offences committed under subsection (4) of section 23 may be compounded for a sum, not
exceeding rupees ten, as the aforesaid officer may think fit.
Section 30 (2) (k)
18. Fees payable. --- Fees payable under the Act, may be paid
in cash or by money order or postal order and shall be
deposited in the State Treasury under the appropriate head.
19. Repeal and saving .--- The Punjab Registration of Births
and Deaths Rules, 1972, are hereby repealed:
Provided that any order made or action taken under the rules
so repealed, shall be deemed to have been made or taken under
the corresponding provisions of these rules