THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969

18 of 1969

31st May, 1969

An Act to provide for 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:

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S.Chapter I PRELIMINARY

S.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 (See pages 11 and 12) 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.

S.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 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 attain
  

S.Chapter II REGISTRATION-ESTABLISHMENT

S.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 Registrars in the matter of registration of births and deaths and submit to the Central Government an annual report on the working of the Act in the said territories.

S.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 otherwise, to co-ordinate, unify and supervise the work of registration in the State for securing an efficient system or 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 wo

S.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.

S.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 directions 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 directions of the Chief Registrar, the Registration of births and deaths in the district and shall responsible for carrying into execution the provisions of this Act and the orders of the Chief Registrar issued from time to time for the purpose of this Act.

S.7 Registrars

(1) The State Government may appoint a Registrar for each local area comprising the area within the jurisdiction of the 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 Registrar shall, without fee or reward, enter in the register maintained for the purpose all information given to him under section 8 or section 9 and shall also the 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 Registrar shall have an officer 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

S.Chapter III REGISTRATION OF BIRTHS AND DEATHS

S.8 Persons required to register births and deaths

(1) It shall be the duty of the person 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 preferred 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 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 births or deaths 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 o

S.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 person 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 extend which is being prepared for the production of, or actually produces, tea, coffee, pepper, cardamon, 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.

S.10 Duty of certain to notify births and deaths and to certify cause of death

(1) 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 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 sub-section (2), that a certificate as to the cause of death s

S.11 Informant to sign the registrar

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.

S.12 Extracts of registration entries to be given to informant

The Registrar 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 9 an extract of the prescribed particulars under his hand from the register relating to such birth or death.

S.13 Delayed registration of births and deaths

(1) Any birth of 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 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 without prejudice to any action that m

S.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.

S.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 alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.

S.Chapter IV MAINTENANCE OF RECORDS AND

S.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, 1860 (45 of 1860).

S.27 Delegation of powers

The State Government may, by 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.

S.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 of 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 cause 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.

S.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.

S.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 form 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 payab
  

S.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 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.

S.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.