THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969
No.18 OF 1969
[31st May, 1969]
Act to provide for the regulation of registration f births and deaths and for matters connected therewith. BE it enacted by Parliament in the Twentieth Year of the Republic of India
CHAPTER I
PRELIMINARY
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 as the Central Government
may, by notification in the Official Gazette, appoint:
Provided that different/dates may be appointed for different parts of a Stale.
2.Definitions and interpretation:-
(1) In this Act, unless the content 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 exclusion or extraction from its mother of a 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 attained at least the prescribed period of gestation.
(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
REGISTRATIONESTABLISHMENT
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 registrar in the
matter of registration of births and deaths and submit to the Central Government 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, 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
other wise, 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 refereed to in sub-section (2) of section 19.
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.
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 district 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 case of a municipality, panchayat
or other local authority, any officer or other employee thereof as a Registrar.
(2) Every Register shall, without fee or reward.Enter in the register maintained for the
purpose all information given to him under section 3 or section 9 and shall also take
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 Register shall have an office 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 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 language, 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 Register, 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 to 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-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 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 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 authorised by him in
this behalf ;
(c) in respect of births and deaths in a jail, the jailer in charge;
(d) in respect of births and deaths in a choultry, chattram, hostel, dharmasala, boardinghouse,
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 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 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.
9.Special provision regarding births and deaths in a plantation
:- In the case of births and deaths in a plantation, the superintendent of the plan- 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 work in the
plantation, whether called a manager, superintendent or by any other name.
10.Duty of certain persons to notify or death births and deaths and to certify cause of
death
:- (1) It shall be the duty of ---
( i) the midwife or any other medical or heath attendant at a birth
( 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 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 shall 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 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.
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 of registration entries to be given to informant
:- The Register 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 section 9 an
extract of the prescribed particulars under his hand from the register relating to such
birth or death.
13.Delayed registration of the births and deaths
:- (1) Any birth or death of which information is given to the Registrar after the expiry
of the period specified therefor, 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 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 therefor 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 thereupon the Registrar
shall enter such name in the register and initial and date the entry.
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 alternation of the original entry, and shall sign
the marginal entry and add thereto the date of the correction or cancellation.
CHAPTER IV
MAINTENANCE OF RECORDS AND STATISTICS
16.Registrars to keep registers in the prescribed form
:- (1) Every Register 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 such forms in the
local language shall be posed in some conspicuous place on or near the outer door of the
office of every Registrar.
17.Search of Births and deaths
:-(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 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 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
of such citizens at Indian Consulates made under the Citizenship Act, 1955 (57 of
1955), and every such registration shall also be deemed to have been duly made under
this Act.
(2) In the case of any child born outside India
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
same manner as if the child was born in India
to the birth of such child after the expiry of the period of sixty days aforesaid.
21.Power of Registrar to obtain information regarding births 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.Powers to give directions
:-The Central Government may give such directions to any State Government as may
appear to be necessary for carrying to execution in the State any of the provisions of this
Act or 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 section 11,
shall be punishable with fine which may extend to fifty rupees.
(2) Any Registrar 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-section (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 subsection
(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 who 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
1898.), an offence under this section shall be tried summarily by a magistrate.
24.Power to compound offences
:-(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 the payment of such sum of 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 demand 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, by notification in the Official Gazette, direct that any
power execrable 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 execrable 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 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 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, 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 suchsection
(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;
(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.
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 f 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.
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.birth
