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Births, Deaths and Marriages Registration Act, 1886

Sections

Contents

 

 

Preamble

 

 

CHAPTER I

PRELIMINARY

 

1

Short title and commencement

 

2

Local extent

 

3

Definitions

 

4

Saving of local laws

 

5

Powers exercisable from time to time

 

 

 

CHAPTER II

GENERAL REGISTRY OFFICES OF BIRTHS, DEATHS AND MARRIAGES

 

6

Establishment of general registry offices and appointment of Registrars General

 

7

Indexes to be kept at general registry office

 

8

Indexes to be open to inspection

 

9

Copies of entries to be admissible in evidence

 

10

Superintendence of Registrars by Registrar General

 

 

 

CHAPTER III

REGISTRATION of BIRTHS AND DEATHS

A–Application of this Chapter

 

11

Persons whose births and deaths are register-able

 

 

 

B–Registration Establishment

 

12

Power for Provincial Government to appoint Registrars for its territories

 

13

Power for Central Government to appoint Registrars for Acceding States

 

14

Registrar to be deemed a public servant

 

15

Repealed

 

16

Office and attendance of Registrar

 

17

Absence of Registrar or vacancy in his office

 

18

Register books to be supplied and preservation of records to be provided for

 

 

 

C. Mode of Registration

 

19

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

 

20

Persons authorized to give notice of birth. Any of the following persons may give notice of a birth, namely

 

21

Persons authorised to give notice of death. Any of the following persons may give notice of a death, namely

 

22

Entry of birth or death to be signed by person giving notice.

 

23

Grant of certificate of registration of birth or death

 

24

Duty of Registrars as to sending certified copies of entries in register books to Registrar General

 

25

Searches and copies of entries in register books

 

26

Exceptional provision for registration of certain births and deaths

 

27

Penalty for willfully giving false information

 

28

Correction of entry in register of births or deaths

 

 

 

CHAPTER IV

AMENDMENT OF MARRIAGE ACTS

 

29

Replead

 

30

Replead

 

31

Replead

 

 

CHAPTER V

SPECIAL PROVISIONS AS TO CERTAIN EXISTING REGISTERS

 

32

Permission to persons having custody of certain records to send them within one year to Registrar General

 

33

Appointment of Commissioners to examine registers

 

34

Duties of Commissioners

 

35

Searches of lists prepared by Commissioners and grant of certified copies of entries

 

35-A

Constitution of additional Commissions for purposes of this Chapter

 

 

 

CHAPTER VI

RULES

 

36

Rules

 

37

Repealed

 

 

BIRTHS, DEATHS AND MARRIAGES REGISTRA­TION ACT, 1886

ACT No. VI OF 1886

8th March, 1886

An Act to provide for the voluntary Registration of certain Births and Death for the establishment of General Registry Offices for keeping Registers of certain Births, Deaths, and Marriage and for certain other purposes.

 

Whereas it is extendient to provide for the voluntary regirtration of births and deaths among certain classes of persons, for the more effectual registration of those births and deaths and of the marriages registered under or the Christian Marriage Act, 1872 and of certain marriages registered under the parsi Marriage and Divorce Act, 1865, and for the establishment of general registry offices for keeping registers of those births, deaths and marriages;

 

And whereas it is also expedient to provided for the authentication and custody of certain existing register made otherwise than the performances of a duty specially enjoined by the law of the country in which the registers were kept and to declare that copies of the entries in those registers shall he admissible in evidence;

 

It is hereby enacted as follows:—

 

Legal Amendments

This Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications; and also extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to such modifications as may be notified, by N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.)

 

Court Decisions

Act, when enacted, although enforced throughout area comprising what is Pakistan and India now, yet what obtains presently in Indict, notwithstanding verbatim sameness of Act, cannot, in eye of law, be considered to be same Act as in force in Pakistan.

The Act which is in force in Pakistan no doubt is Act VI of 1866 and, when enacted, was no doubt in force in an area which included both present time India and Pakistan but what obtains in India today, although it may be verbatim the same Act, is not in the eye of the law the same Act as in force in Pakistan. The Act is in force in Pakistan because of a validity acquired from successive constitutional enactments in this country just as it is (if not modified) in force in India by constitutional enactments of that country. The mere fact that the two might be textually the same do not make them the same law and, for all we know, this Act may have been repealed or amended in India. P L D 1975 Kar. 352

 

 

 

 

CHAPTER I

PRELIMINARY

 

1.         Short title and commencement.

(1)           This Act may be called the Births, Deaths and Marriages Registration Act, 1886; and

(2)           It shall come into force on such day 1[(The 1st October, 1888] as the  2[Central Government], by notification in the 3 [official Gazette], directs.

(3)              Sub-section (3) rep. By the Amending Act, 1891

(4) 

(5) 

(6)

 

  

Legal Amendments

1        For date of official gazette see The 1st October,1888 in Gazette of India, 1888, Pt. I, p. 336

2        Subs. By A. O., 1937, for “G. G. in C.

3        Subs. Ibid.

 

2.         Local extent.

This Act extends1[Baluchistan] and in the 2[Chittagong Hill Tracts]

It has also been extended to the 3[ Leased Areas of Baluchistan] and applied in the 4[Federated Areas of Baluchistan] 5 [the whole of Pakistan]

 

Legal Amendments

 

1.       declared in force in Baluchistan by the British Baluchistan Laws Regulation (2 of 1913), s. 3 and Sch.

 

2.       please see Notification under s. 4 (2) (a) of the Chittagong Hill Tracts Regulation (1 of 1900) notification No. 13083-E. A., dated 13th August 1927; Calcutta Gazette, Pt. I, p. 1728.

3.       see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950);

4.       see Gaz. Of India, 1937, Pt. I, p. 1499.) to (Subs. By the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955) for “all the Provinces and the Capital of the Federation” which had been subs. By A. O., 1949, Arts. 3(2) and 4, for “the whole of British India”.)

5.       by A. O., 1937, the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., and A. O., 1961, Art, 2 and Sch., (with effect from the 23rd March, 1956), to read as above.) [to citizens of Pakistan in Acceding States].

 

3.         Definitions.

In this Act, unless there is something repugnant in the subject or context,-

"sign" includes mark, when the person making the mark is unable to write his name "prescribed" means prescribed by a rule made under this Act: and

"Registrar of Births and Deaths" means a Registrar of Births and Deaths appointed under this Act.

 

4.         Saving of local laws.

Nothing in this Act, or in any rule made under this Act, shall affect any law heretofore or hereafter passed providing for the registration of births and deaths within particular local areas.

 

 

5.         Powers exercisable from time to time.

All powers conferred by this Act may be exercised from time to time as occasion requires.

 

 

 

 

CHAPTER II

GENERAL REGISTRY OFFICES OF BIRTHS, DEATHS AND MARRIAGES

6.         Establishment of general registry offices and appointment of Registrars General.-

(1)      Each 1 [Provincial Government]

(a)      shall establish(For General Registry Offices established for different provinces, see local R. & O.) a general registry office for keeping such certified copies of registers of. births and deaths registered under this Act, or marriages registered under Act III of 1872 (to provide a form of marriage in certain cases) or the Christian Marriage Act, 1872, or, 2 [****]under the Parsi Marriage and Divorce Act, 1865(See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).), as may be sent to it under this Act, or under any of the three last-mentioned Acts, as amended by this Act; and XV of 1872, XV of 1865.

(b)      may appoint(For Registrars General appointed for different provinces, see local R. & O.) to the charge -of that office an officer, to be called the Registrar General of Births, Deaths and Marriages, for the territories under its administration

(2)      3[repealed]

 

 

Legal Amendments

1.       Substituted for L.G.ordinance

2.       The words "beyond the local limits of the ordinary original civil jurisdiction of the High Court of judicature at Bombay" omitted by A. O., 1949. and Sch.)

3        [Sub-section (2) rep. by A. O.,1937.]

 

7.         Indexes to be kept at general registry office.

Each Registrar General of Births, Deaths and Marriages shall cause indexes of all the certified copies of registers sent to his office under this. Act; or under Act III of 1872; the Christian Mar­riage Act, 1872, or the Parsi Marriage and Divorce Act, 1865(See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).), as amended by this Act, to be made and kept in his office in the prescribed form XV of 1872, XV of 1865.

 

8.         Indexes to be open to inspection.

Subject to the payment of the prescribed fees, the indexes so made shall be at all reasonable times open to inspection by any person applying to inspect them, and copies of entries in the certified copies of the registers to which the indexes relate shall be given to all persons applying for them.

 

9.         Copies of entries to be admissible in evidence.

A copy of an entry given under the last foregoing section shall be certified by the Registrar General of Births, Deaths and Marriages, or by an officer authorized(For such authorizations, see local R. & O.) in this behalf by the 1[Provincial Government], and shall be admissible in evidence for the purpose of proving the birth, death or marriage to which the entry relates.

 

Legal Amendments

1.       (Subs. by A. O., 1937, for "L. G. ".)

 

10.      Superintendence of Registrars by Registrar General.

Each Registrar General of Births, Deaths and Marriages shall exercise a general superintendence over the Registrars of Births and Deaths in the territories for which he is appointed.

 

 

 

CHAPTER III

 

REGISTRATION of BIRTHS AND DEATHS

 

A–Application of this Chapter

 

11.      Persons whose births and deaths are register-able.

(1)      The persons whose births and deaths shall, in the first instance, be registrable under this Chapter are the following, namely :-

(a)      in 1[the Provinces], the members of every race, sect or tribe to which the Indian Succession Act, 1865(See now the Succession Apt, 1935 (39 of 1925), s. 3.), X of 1865 applies, and in respect of which an order under section 332 of that Act is not for the time being in force, and all persons professing the Christian religion;

(b)              in 2[Acceding States] 3 [citizens of Pakistan] being members of alike race, sect or tribe or professing the Christian religion

(2)      But the 4 [Provincial Government], by notification in the official Gazette, may 5[extend the operation of this Chapter to any other class of persons, either generally or in any local area.

 

 

Legal Amendments

 

1.       The original words “British India” have successively been amended by A. O.,1949, Arts. 3 (2) and (4), the Repealing and Amending Ordinance 1961(1 of 1961), s. 3 and 2nd Sch., and A. O.,1964, Art. 2 and Sch., to read as (in provinces)

2        The word (Acceding States) Subs. by the Federal Laws (Revision and Declaration) Act,     1951 (26 of 1951), s. 4 and III Sch., for “Indian States” which had been subs. by A. O.,1937, for “the dominions of Princes and States in India in alliance with Her Majesty”.)

3        Subs. by A. O.,1961, Art. 2 and Sch., for "British subjects" (with effect from the 23rd March, 1956).

4        (Subs. by A. O., 1937, for “L. G.”.)

5        The words “with the previous approval of the G. G. in. C.” were omitted by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I.

 

 

B–Registration Establishment

 

12.      Power for Provincial Government to appoint Registrars for its territories.

The 1[Provincial Government] may appoint, either by name or by virtue of their office, so many persons as it thinks necessary to be Registrars of Births and Deaths for such local areas within the territories under its administration as it may define and, if it sees fit, for any class of persons within any part of those territories.

 

Legal Amendments

1. Subs. by A. O., 1937, for "L. G.".

 

13.      Power for Central Government to appoint Registrars for Acceding States. The 1 [Central Government] may, by notification in the 2 [official Gazette], appoint, either by name or by virtue of their office, so many persons as 3 [it] thinks necessary to be (For Registrars of Births and Deaths for such local areas within any Acceding states as it may define and, if it sees fit, for any class of persons within any part of those states.

 

Legal Amendments

 

1.       (Subs. by A. O., 1937, for "G. G. in C.".)

2.       (Subs. ibid., for "Gazette of India".)

3        (Subs. ibid., for “he”.)

 

14.      Registrar to be deemed a public servant. Every Registrar of Births and Deaths shall be deemed to be a public servant within the meaning of the Pakistan Penal Code.

 

 

15.      1 [Repealed.]

 

Legal Amendments

1.       Power to remove Registrars, Rep. by A. O., 1937.

 

 

16.      Office and attendance of Registrar.-

(1)     Every Registrar of Births and Deaths shall have an office in the local area, or within the part of the territories or dominions, for which he is appointed.

(2)                Every Registrar of Births and Deaths to whom the

1 [Pro­vincial Government] may direct this sub-section to apply shall attend at his office for the purpose of registering births and deaths on such days and at such hours as the Registrar General of Births, Deaths and Marriages may direct, and shall cause to be placed in some conspicuous place on or near the outer door of his office his name, with the addition of Registrar of Births and Deaths for the local area or class for which he is appointed, and the days and hours of his attendance.

 

Legal Amendments

1.       Subs. by A. O., 1937, for "L. G."

 

17.      Absence of Registrar or vacancy in his office.-

(1)              When any Registrar of Births and Deaths to whom the 1[Provincial Government] may direct this section to apply  2[******] is absent, or when his office is temporarily vacant, any person whom the Registrar General of Births, Deaths and Marriages appoints in this behalf, or, in default of such appoint­ment, the Judge of the District Court within the local limits of whose jurisdiction the Registrar’s office is situate, or such other officer as the 3[Provincial Government] appoints in this behalf, shall be the Registrar of Births and Deaths during such absence or until 4[Provincial Government] fills the vacancy.

(2)      5[omitted]

(3)      The Registrar General of Births, Deaths and Marriages shall report to the 6[Provincial Government] all appointments made by him under this section.

 

Legal Amendments

 

1.                  Subs. by A. O., 1937, for “L. G.”.

 

2.                  The words “not being a Registrar of Births and Deaths for a local area in the town of Calcutta, Madras or Bombay” omitted by A. O., 1949, Sch.

3.       Subs. by A. O., 1937, for "L. G."

4.       Subs. by A. O., 1937, for “L. G.”

5.       Subs. by A. O., 1937, for “L. G.”

6.       Subs. by A. O., 1937, for “L. G.”

 

 

18.      Register books to be supplied and preservation of records to be provided for. The 1[Provincial Government] shall supply every Re­gistrar of Births and Deaths with a sufficient number of register books of births and of register books of deaths, and shall make suitable provision for the preservation of the records connected with the registration of births and deaths.

 

Legal Amendments

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