Punjab act 018 of 1969 : The Registration of Births and Deaths Act 1969

MUNICIPAL

DIGEST 30

THE REGISTRATION OF BIRTHS AND

DEATHS

ACT, ^I969

(18 ^of

I969)

[315:

May, 1969] An Act ^to

provide

for

registration

of

births and deaths

and

for matters connected therewith.

Be ^itenacted

by

Parliament in the

Twentieth Year of

the

Republic

of

India as follows:-

CHAPTER I

PRELIMINARY

1. Short

title,

extent and

commencement—(l)

This Act may be

called the

Registration

of Births and Deaths

Act,

I969.

(2) ^Itextends^tothewhole ^of

India.

(3) ^Itshall^comeintoforce ^inaState^onsuchdate

(See pages^Iland

i2) ^asthe Ccntoi

Covernn ^ent

may, by

notification^{in the}Official

Gazette, appoint:

Provided tha' different dates may be

appointed

for different parts ofa

State.

2.

Definitions and

interpretation—(l)

In

this

ACL,

unless the context otheiwise

requires,- (a)

"birth" means live-bir'h^or

stillbirth; (Is)

"death"

means^thepermanent

disappearance ^ofall

evidence^{of lifeat}

any time

after live-birth has taken

place; (c)

"foetal death" means absence^ofall

evidence ^oflife

prior ^{to the}

complete expulsion ^orextraction^fromitsmother^ofa

product ^of

conception irrespective ^oftheduration^ofpregnancy; (d)

"live-birth"

means^the

complete expulsion ^orextraction^fromits

mother^ofa product ^of

conception, irrespective ^oftheduration^ofpregnancy, which,

after such

expulsion ^or

extraction,

breathes or shows any other

evidence of

life, and each

product ^ofsuchbirth^is

considered

live-born;

(e) "prescribed"

means

prescribed ^by

rules ^madeundethis

Act; (f)

'State

Government", ⁱⁿrelation^toaUnion

territory,

means^the Administrator

thereof; (g)

"still-birth" means foetal

death

where^a

product ^of

conception ^hasattained^at

MUNICIPAL DIGEST

31

least the

prescribed reriod

of

gestation.

(2) Any

reference^inthisActto

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—(I)

The

Central Government may, by notification in

the official

Gazette, appoint

a

person

to

be

known as the

Registrar- General,

India.

(2) ^TheCentral

Government may also

appoint

such other

officers with such designations ^{as it}

thinks^{fitfor the}purpose of

discharging,

under the

superintendence and

direction of

the

Registrar-General,

such

functions of the

Registrar-General

unde.r 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 theActin thesaid}territories.

4.

Chief

Registrar.—(l)

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 ^asit

thinks^fitforthepurpose of

discharging,

under the

superintendence and

direction of

the

Chief

Registrar,

such of his functions as

he may, from time to time,

authorise^themto

discharge.

(3) ^The

Chief

Registrar

shall^be

the chief executive

authority

in

the

State for carrying ^intoexecution ^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 instruction: 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

working

of

this

Act in

the State

alongwith

the statistical renort

referred to

in sub- section

(2)

ofsection l9.

5.

Registration

divisions.—The State

Government may, by

notification in the

MUNICIPAL DIGEST 32

Official

Gazette,

divide ^the

territory

within^theState^intosuch

registration

divisions^asit may think

fit

and

prescribe

different rules for different

registration

divi1'ons.

6.

District

Registrar.—( 1)

The State Government may, appoint ^a

District Registrar ^foreach

revenue district^andsuch

number

ofAdditional District

Registrars ^as it thinks

fit who

shall, subject ^to

the

general

control and

directions of^the

DistrICL Registrar, discharge ^suchfunctions^oftheDistrict

Registrar ^asthe

District

Registrar may, from

time ^to

time,

authorise them^to

discharge.

(2) ^TheDistrict

Registrar

shall

superintend,

subject ^tothe

directions^{of the}Chief Registrar, ^the

Registration ^ofbirths^anddeaths^inthedistrict^andshall

responsible ^for carrying ^intoexecution^inthedistrict^the

provisions ^{oF thisActandthe}orders^ofthe Chief

Registrar

issued^{fromtimeto time forthe}purpose^ofthisAct.

7.

Registrars.*(l)

The State Govcrnment may

appoint ^a

Registrar

for each local ^area

comprising

the^areawithin the

jurisdiction ^of

the

municipality, panchayat ^or other local

authority ^or

any other^areaoracombination of any ^twoormoreof

them; Provided ^thattheState Government may appoint ^inthecaseofa

municipality, panchayat ^orother local

authority, ^anyofficer^orother

employee

thereof^asa Registrar.

(2) Every Registrar

shall,

without^{fee or}

reward,

enter^inthe

register

maintained for the purpose^allinformation

giver. ^tohim tnttler section 8^or

section 9 and

shall also the steps ^toinfonn

himself

carefully ^ofevery birth and of every death which takes

place in his

jurisdiction

and^toascertain and

register

the

particulars required ^to

be

registered.

(3)

Every Registrar

shall ^haveanofficer ^{in the}local^areafor

which^heis appointed.

(4) Every

Registrar

shall attend^his

office ^forthepurpose^of

registering

births^and deaths ^onsuch

days

and^atsuchhours^astheChief

Registrar may direct^andshall cause to be

placed

in some

conspicuous place

on ^ornear

the outer door of

the office of the

Registrar ^aboard

bearing,

in^thelocal

language,

his^namewith^the

addition^of Registrar ^ofBirths^andDeaths^forthelocal^areaforwhich^heis

appointed, ^{andthe days} and

hours^ofhisattendance.

(5) ^The

Registrar^may,withthe

prior approval ^ofthe

Chief

Registrar, appoint Sub-Registrars ^and

assign ^{tothemany orallofhis}powers^anddutiesⁱⁿrelation^to specified

areas within ^his

jurisdiction.

MUNICIPAL DIGEST 33

CHAPTER [1'

REGISTRATION OF

BIRTHS AND

DEATHS

8. Persons

required

to

register

births and

deaths—(I)

It shall be

the duty ^{of the}person

specified

below^to

give ^orcause^tobe

given,

either

orally ^orin writing, according ^{tothe best of}

their

knowledge ^and

belief,

within^suchtimeas

may^be prescribed,

information^tothe

Registrar ^oftheseveral

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^ina

house,

whether

residential^ornon- 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, ^andifheisnot

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) ⁱⁿrESDECE^ofbirths^anddeaths^ina

hospital,

health

centre,

maternity ^or nursing ^homeorother^like

institution, ^themedical officerⁱⁿ

charge ^or

any person authorised

by

him in this

behalf;

(c) ⁱⁿrespect^ofbirths^and

deaths^ina

'ail, ^the

jailor ⁱⁿ

charge- I I

(d) ⁱⁿrespect^ofbirths^and

deathsⁱⁿ

choultry, chattram,

hostel, dharamasala, boarding-house, lodging house,

haven,' barack, toddy shot) ^or

place ^of

public resort, ^thepersonⁱⁿ

charge

thereof,-

(e) ⁱⁿrespect ^ofany newborn child^{or dead}

body

found

deserted^ina

public place, ^theheadman^or

other

corresponding

officer^ofthe

village ^inthecaseof 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

facts

to

the

headman or officer

aforesaid;

(f) ⁱⁿany other

place, ^suchperson ^as

may^be

prescribed.

(2) Notwithstanding anything

containedⁱⁿsub-section

(1), ^the

State Government, having regard ^tothe

conditions

obtaining ^ina

registration

division,

may by

order

require ^thatforsuch

period ^as

may^be

specified ^inthe

order,

any person specified

by ^theState

Government

by ^the

designation ^inhis

behalf,

shall

give ^orcause to

be

given

information

regarding

births and deaths in a

house referred to in clause

(a) ofsub-section

(1)

instead of the persons

specified

in

that

clause.

.

3:! ^'1

MUNICIPAL DIGEST

34

COMMENTS

In respect

of any birth or

death the

following persons

are

duty

bound to

inform the

Registrar

either

orally

or in

writing:-

(i) ^theheadofthe

house/nearest relative^{of thehead}

present ^{in the}

house/oldest adult male person present in the

house,

if

birth or

death take

place

in a house;

(ii) ^the

medical officerⁱⁿ

charge ^or

any person authorised

by

him,

if

birth or death takes

place

in a

hospital,

health

centre,

maternity

or

nursing

home or other

like

institution;

(iii) ^the

jailer ⁱⁿ

charge, ^if

birth^or

death takes

place ^ina

jail;

(iv) ^thepersonsⁱⁿ

charge ^{of the}

place, ^ifbirth^or

death takes

place ^ina

choultry, chaltram, hostel, dharamasala, boarding-house,

boarding house, tavern, barrack, toddy shop ^or

place ^of

public resort;

(v) ^thehead-man^or

other

corresponding

office.^ofthe

village

in the case of a village ^{and the}officer

incharge ^{of the}local

police

station

elsewhere,

if any new-born child or

dead

body

is

found

deserted in a

public

place; (vi)such person ^as

may^be

prescribed, ^ir'

birth^or

death takes

place

in any other place.

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 ^theinformation referred^toin

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. Expianation.—ln ^this

section, ^the

expression

"plantation"

means

any^landnot less than

four

hectares in extend

which is

being prepared

for the

production

of,

or actually

produces, tea,

coffee, pepper,

rubber, cardamon,

cinchona or

such other products ^astheState

Government, may by

notification^inthe

Official

Gazette, specify and the

expression "superintendent

of

the

plantation"

means the person

having

the charge ^or

supervision ^ofthe

labourers^{and workin the}

plantation,

whether called a manager, superintendent ^or

by any other name.

COMMENTS

if any birth or death

takes

place

in a

plantation,

the

superintendent

of

the plantation ^hastoinform^the

Registrar provided ^thatthepersons referred^to

in clauses

(a) ^to

(f) ^of

sub-section

(i) ^ofsection⁸shall furnish necessary particulars

to the superintendent ^{of the}

plantation. MUNIClPAL DIGEST

35

10.

Duty

of

certain to

notify

births

and

deaths and to

certify cause of

death.—( 1)

it shall be

the

duty

of-

(i) ^themidwife^or

any other medical^or

health

attendant^atabirth^or

death;

(ii) ^the

keeper ^{or the}owner^ofa

place ^set

apart ^{for the}

disposal ^ofdeadbodies or

any person

required by

a local

authority

to be

present

at

such

place,

or

(iii) any other person^whomtheState

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) ⁱⁿany

area,^theState

Government,

having

regard ^tothefacilities 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), ^thata certificate as to the cause

of death shal! 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^ofthatperson,

forthwith,

issue without

charging any fee, ^{to the}person required

under^thisActto

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 thetimeof}

giving

information

concerning ^thedeath ^as

required

by ^this Act.

COMMENTS

The

following persons

are

duty

bound to

notify every birth or death or

both at which ^heor she attended or was

present:-

(i) ^themidwife^or

any other

medical^orhealth

attendant^atabirth^or

death;

(ii) ^the

keeper ^{or the}owner^ofa

place ^set

apart ^{for the}

disposal ^{of dead}bodies or

any person required

by

a

local

authority

to

be

present

at

such

place;

(iii) any other person^whomthe

State

Government may

specify ^inthisbehalf

by his

designation. ii.

informant to

sign

the

registran—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^puthisthumb^{markin the}

register against ^hisname, description ^and

place' of

abode,

the

particulars being

in

such a case

entered

by

the

Registrar.

MUNICIPAL

DIGEST 36

COMMEI'TS lf information

of^anybirth ^ordeath ^is

given ^tothe

Registrar orally, then ^the

Registrar

shall

write ^inthe

Register the name, description

and

place

of abode of ^the informant ^andtheinformant shall

put ^his

signature ^or thumb

impression.

12.

Extracts of

registration

entries ^tobe

given to informant—The Registrar shall, ^{assoon asthe}

registration of a birth ^ordeath

has been

completed

give, free ^of

charge, ^totheperson^who

gives

information under section

8^or9^anextract of the

prescribed

particulars

under his hand

from the

register relating ^tosuch

birth ^or death

13.

Delayed registration ^ofbirths^and

deaths—(1)

Any birth of which information ^is

given ^tothe

registrar

after ^Lhe

expiry of the

period specified therefore, ^but.vithin

thirty days ^{of its}occurrence, shall ^be

registered ^on

payment ^of such ^{latefee as maybe}

prescribed.

(2) ^Any

birth ^ordeath ^ofwhich

delayed information ^is

given ^tothe

Registrar after

thirty clays ^butwithin. ^{one year}of ^its

occurrence shall ^be

registered

only ^withthe written

permission ^orthe

prescribed

authority

and ^on

payment of the

prescribed

fee and ^the

pmduction ^{of an}affidavit ^made

before ^a

notary

public or

any other officer authorised ^inthistahah'

by ^theState Government.

(3) ^Any

birth ^ordeath which^{has notbeen}

registered within ^one

year of ^I15 occurrence, shall

be

registered

only ^onanorder made

by a

Magistrate

of

the first class or ^a

Presidency Magistrate

after

verifying

the

correctness of ^mebirth ^ordeath ^andon payment ^ofthe

prescribed ^fee.

(4) ^The

provisions ^cfthissection shall without

prejudice ^to

my action that^may be taken

against ^a

person^forfailure ^onhis

part ^to

register ^any birth ^ordeath within the time

specified

and therefore^anysuch

birth ^ordeath^may be

registered

during

the pendency ^ofanysuch

action.

COMMENTS

Where ^dateofbirth ^isentered ^{as per}directions ^ofthe

magistrate, ^theentry does not

tantamount ^toconclusive

evidence^of

disputed ^dateof

birth; H. Subha ^Raov.Life insurance

Corporation ^of

India,

AIR 1976

Kant 231.

14.

Registration ^{of nameof}child-Where ^thebirth 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 ^tothe

registrar either

orally ^orin

writing

and

thereupon

the

Registrar shall

enter^{such nameinthe} register ^andinitial^{and datethe}

entry.

15. Correction ^orcancellation

of entry ⁱⁿthe

register

of births

MUNICIPALDIGEST

37

and deaths.—lf 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, ^orhasbeen

fraudulently ^or

improperly

made, ^hemay, 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, ^andshall

sign ^the

marginal entry^andaddthereto^{the dateof the} correction ^or

cancellation.

CHAPTER IV

MAINTENANCE OF

RECORDS AND STATISTICS

16.

Registrars

to

keep registers

in

the

prescribed

form.-—(1) Every Registrar

shall

keep ^inthe

prescribed ^forma

register ^ofbirths^anddeaths^forthe registration ^{area of}

any part thereofⁱⁿrelation^to

which^heexercises

jurisdiction.

(2) ^TheChief

Registrar

shall cause ^tobe

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 :ime 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.

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^asearch^tobemade

by ^the

Registrar ^forany entry^inthe

register ^of births and

deaths; (b)

obtain^anextract^fromsuch

register relating ^to

any birth^ordeath:

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) ^Allextracts

given

under^thissection shall^becertified

by ^the

Registrar ^or

any other officer authorised

by

the State

Government to

give

such extracts as

provided

in section 76 ofthe 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 ^andthe

registers^kept

therein shall^beexamined^{in such}

manner ^and

by ^such authority ^as

may^be

specified by ^theDistrict

Registrar. i9.

Registrars

to send

periodical

returns to the

Chief

Registrar

for

MUNICIPAL DIGEST 38

compilation.—( ¹⁾

Every

Registrar

shall^{send tothe}Chief

Registrar or to

any officer specified ^{byhim, atsuch}intervals ^{and insuchform} as

may be

prescribed, ^areturn regarding ^theentries ^ofbirths^and

deaths ^inthe

register^keptby such

Registrar.

(2) ^TheChief

Registrar

shall cause^theinformation in the returns furnished

by the

Registrars ^tobe

compiled ^andshall

publish

for the information of

the

public

a statistical report ^onthe

registered

births^anddeaths

during ^{theyear atsuch}intervals and ⁱⁿsuch ^{form as maybe}

prescribed.

CHAPTER ^V

MISCELLANEOUS

20.

Special

provision ^asto

registration

of births and deaths

of citizens outside

lndia.-—(1) ^The

Registrar-General

shall,

subject ^tosuchrules^as may be made

by

the Central

Government

in this

behalf, cause to be

registered information ^astobirths^anddeaths^ofcitizens^ofIndia outside

India received

by ^him under ^therules

relating ^tothe

registration

of such

citizens ^atlndiara Consulates made under ^the

Citizenship

Act, ¹⁹⁵⁵

(57 ^of

1955), ^andevery^such

registration

shall^also be deemed ^tohave been

duly

made

under this

Act. (2)1n ^{the caseofany}child ^bornoutside lndia ⁱⁿ

respect ^Orwhominformation has ^notbeen received ^as

provided

in sub-:ection

(1),

if the

parents. ^of

the child return to lndia with ^aview

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 ^samemanner ^asif the child ^wasborn in india

and the

provisions

of section 13 shall

apply ^tothebirth of ^suchchild

after^the

expiry ^ofthe

period ^of

sixty days aforesaid.

21.

Power^of

Registrar ^toobtain information

regarding

birth ^or death—The

Registrar

may either

orally ^orin

writing require^anyperson ^tofurnish^any information

within ^his

knowledge ⁱⁿconnection ^{with a}birth ^ordeath^{in the}

locality within which such person resides and

that

person shall bound^to

comply

with such requisition.

22.

Power ^to

give

directions—The Central

Government^maygive ^such directions ^to

any State

Government ^{as may}appear ^tobenecessary^for

carrying ^into execution ^intheState any^ofthe

provisions ^{ofthisAct orofanyruleor}

order^made thereunder.

23.

Penalties—(1)

Any person^who- (a)

fails without reasonable

cause^{to giveany}information

which^itishis

duty ^to give

under^{anyof the}

provisions ^of

section ^{8 and}

9; ^or

MUNICIPAL DIGEST 39

(b) gives ^orcauses^tobe

given, ^forthepurpose^of

being

inserted ^inanyregister of births and

deaths, any informati ^,nwhich he

know ^orbelieves ^tobe false regarding ^anyofthe

particulars

required ^tobeknown ^and

registered; or

(c)

refuses ^towrite ^hisname, description ^and

place ^ofabode ^{orto put} his thumb

mark ⁱⁿthe

register ^as

required

by

section ¹

1,

shall

be

punishable

with ^fine which may extend ^to

fifty

rupees.

(2) ^AnyRegistrar ^Or

Sub—Registrar ^who

neglects ^or

refuses, without reasonable cause, ^to

register ^anybirth^ordeath

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 ^orrefuses ^toissue ^acertificate under

sub-section

(3)

of section IO and any person^who

neglects ^orrefuses to deliver such certificate shall ^be

punishable

with fine which^mayextend ^to

fifty

rupees.

(4) ^Anyperson^who,

without. reasonable cause,

contravenes ^anyprovisions of

this Act ^forthe contravention

of which ^no

penalty ^is

provided

fo.' in this

section shall be

punishable ^withfinewhich may extend ^toten

rupees.

(5)

Notwithstanding anything

contained ^{intheCode of}Criminal

Procedure,

1898

(5 ^of

1898), ^anoffence under^hissection shall ^betried

summarily by a

Magistrate.

COMMENTS

if any person fails without reasonable

cause^to

give ^anyinformation which ^heis

duty

bound ^{to gi'e}

under section ^{8 and 9or}

gives ^orcauses to be

given

any information which ^heknows ^orbelieves ^tobefalse

regarding ^anyof ^the

particulars required ^tobeknowu^anyregistered, ^orrefuses ^towrite ^hisname, description and

place ^ofabode ^{orto put his}thumb^{mark inthe}

register required

by

section

1

1,

shall be

punishable ^{with fine}

upto fifty

rupees.

24.

Power ^to

compound offences.—( 1)

Subject ^tosuch conditions ^as may be

prescribed,

any officer authorised

by

the Chief

Registrar by a

general

or

special order ⁱⁿthis

behalf,

may either before ^orafter^theinstitution ^ofcriminal

proceedings under this

Act,

accept ^fromthepersons^{who has}committed ^oris

reasonably suspected of

having

committed ^anoffence under this

Act,

by ^wayof

composition of such

offence a sum of money

not

exceeding fifty

rupees'

(2) ^{On the}

payment ^{ofsuch sumof}money,^suchperson 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 ^beinstituted except^{by an}officer authorised

by ^the

MUNICIPAL

DIGEST 40

Chief

Registrar by

general ^or

special

order in

this behalf.

26.

Registrars

and

Sub-Registrars

to be

deemed

public

servants—All

Registrar:

and

Sub-Registrars shall,

while

acting

or

purporting

to

act in pursuance of the provisions ^{ofthisActor anyruleor}order ^madethereunder^bedeemed^{to be}

public servants within the

meaning

of section 21 of the Indian

Penal

Code,

I860

(45

of

1860).

2.7.

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 sp :ified in the direction.

28.

Protection of action

taken in

good

faith.—( I)

No

suit, prosecution ^or

other

legal proceeding

shall^lie

against ^the

Government, ^the

Registrar- General, ^any

Registrar, ^{or any}person exercising any power^of

performing any

duty under this

Act for

anything

v.hich is

in

good

faith

good

faith

done or

intended to be done in pursuance of this Act

or

any rule or

order made

thereunder.

(2) ^Nosuitor other

legal proceeding

shall^lie

against ^the

Government^forany d image

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.

29. Act

not to be in

derogation

of Act 6 of

l886.—Nothing

in

this Act shall be Construed to be in

derogation

of the

provisions

of the

Births,

Deaths and Marriages Registration Act, 1885.

30.

Power to make

rules.—( i)

The State

Government may, with the approval ^oftheCentral

Government,

by

notification^inthe

Official

Gazette, ^makerules to

carry

out the purposes of

this Act. (7.) ^In

particular, ^and

without

prejudice ^tothe

generality ^ofthe

foregoing provision, ^suchrules^mayprovide ^for-

(a) ^theformof

registers ^of

births^anddeaths

required ^{to be}

kept

under^this Act;

(b) ^the

period

within

which

and ^{theformand the}mannerⁱⁿ

which information should be

given

to the

Registrar

under section

8;

(c) ^the

period

within

which^{and the}mannerⁱⁿ

which

births^and

deaths shall be notified under sub-section

(1)

of seCtion

10;

(d) ^theperson^{from whomand theformin}which^a

certificate^{as to}cause^of death shall be

obtained; MUNiCIPAL DIGEST 41

(e) ^the

particulars ^ofwhicl. extract ^maybe

given

under

section

12;

(f) ^the

authority

which^maygrant permission ^for

registration ^ofabirth^or death under sub-section

(2)

ofsection

I3;

(g) ^thefees

payable ^for

registration ^madeunder section

13;

(h) ^thesubmission^ofreports^by

Chief

Registrar

under subsection ^{(4) of} section

4;

(i) ^thesearch^ofbirth^and

death

registers ^andthefees

payable ^forsuch search and for the grant

of extracts from the

registers;

(i) ^{theform in}which^andtheintervals ^atwhich^thereturn:^andthestatistical report under section 19 shall be Furnished and

published;

(k) ^the

custody, production ^and

transfer ^ofthe

registers ^andother records kept by Registrars;

(l) ^thecorrection^of

errors and^thecancellation ^ofentries ^inthe

register ^of births and

deaths;

(m) ^anyother matter which ^hasto

be, ^{or my}

be, prescribed. l[(3)

E\e.y ^rulemadeunder^thisActshall^be

laid, ^{assoon as may be}after ^itis made,

before^*heState

Legislature]

(Ins.^{by Actof4of}

I986,

sec.2^andSch.

(w.e.f.

1564986)).

31.

Repeal

and

saving.-~-(l)

Subject ^to

the provisions

of seCtion

29, ^as from ^the

coming ^intoforce of ^thisActinany State ^orpart

thereof, ^somuchof any^law in force therein ^asrelates^tothe matrers covered

by

this Act shall stuid

repealed ⁱⁿ such State or

part ^asthe^case

may be.

(2)

Notwithstanding ^such

repeal, anything ^{doneor any}action taker.

(including any instruction ^ordirection

issued, ^anyregulation ^orrule ^ororder

made)

under any such law

shall, ^insofar^assuch

thing ^oraction is ^notinconsistent ^withthe

provisions

of this

Act,

be

deemed^{tohavebeendoneor}taken under the

provisions aforesaid, ^asif they ^wereinforce ^whensuch

thing ^{wasdone or such}

action ^was

taken, ^andshall continue in force

accordingly

until

superseded

by anything

done ^or

any action taken under this Act.

32.

Power^toremove

difficulty.—lf any difficulty

arisesⁱⁿ

giving

effectⁱⁿ a

State

to

the

provisions

of

this Act in their

application

to

any area, the State Government may,^withthe

approval ^oftheCentral

Government,

by

order ^makesuch provisions ^or

give ^suchdirections ^notinconsistent^withthe

proxisions ^ofthisActas appears ^tothe State Government ^tobe necessary ^or

expedient

for

removing

the difficulty:

MUNICIPAL DIGEST 42

Provided that no order

shall be

made under

this section in

rclation 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.

ENFORCEMENT OF ACT

I. This Act came into force in the

following

areas

w.e.f.

1-4-1970,-

vide

G.S. R.

5I4,

dated^2Ist

March,

I970,

published ^inthe

Gazette^0F

India, Extra., Pt.Il, Sec.3(i),

p.377:-

( ^{I) The}

whole State^of

Assam except-

(i) ^thedistrict^of

United Khasi^8t

Iaintia

Hills

excluding

the areas

comprised within the limits of-

(a) Municipality ^of

Shillong; (b)

Cantonment^of

Shillong;

(ii) ^theentire

district^{of Garo}

Hills;

(iii) ^theentire

district^of

United Mikir^and

North Cachar

Hills;

(iv) ^theentire

district^{of Mizo}Hills.

(2) ^Thewhole^{of the}State^{of West}

Bengal except-

(i) ^thearea

comprised

within^the

limits^{of the}

Corporation

of

Calcutta;

(ii) ^thearea

comprised

within^thelimits^of

Howrah

Municipality;

(iii) ^Fort

William; ^and

(iv) ^thearea

comprised

within^the

limits^oftheCantonments

of

Barrackpore, Lebong ^and

Jalapahar.

2.

The Act came into

force in

the

whole of the

following

States and

Union Territories w.e.f

1-4-1970;

vide

G.S.R.

461,

dated 7th

March,

I970,

published

in the Gazette of

India,

Extra., Pt.ll, Sec.3(i), p.966:—

STATES

I.

Andhra Pradesh 8.

Mysore

2. Bihar 9. Orissa

3.

Guiarath. Punjab

4.

Haryana

Ii.

Raiasthan

MUNICIPAL DIGEST 43

5.

Kerala l2. Tamil Nadu

6.

Madhya

Pradesh I3. Uttar Pradesh

7.

Maharashtra

UNION TERRITORIES

l.

Chandigarh

3.

HimachalPradesh

2.

Dadra

and

Nagar

Haveli 4.

Laccadive,

Minicoy

and Amindivi Islands. '

3. The Act came into force

in

the whole

of

the Union

Territory

of Delhi

w.e.f I- 7-l970;

vide.G.S.R.I718,

dated^26th

June,

I970,

published ^inthe

Gazette^of

India, Extra.,

Pt.ll, Sec.3(i), p.585:-

4.

The Ac: came into force in the whole of the

following

areas in the States Jammu ^andKashmir w.e.f

I-lO-I970; ^videG.S.R.

461,

dated^22nd

September, 1970, published ^inthe

Gazette ^of

India,

Extz., Pt.ll, Sec.3(i),

p.727:-

I.

The area

comprised

within the

jurisdiction

of the

police

station of Ramnagar ⁱⁿ

Udltampur

District.

2. The area

comprised

within

the

jurisdiction

of the

police

station of

Kupwara in Baramulla District.

3. The area

comprised

within the limits of

7