The Punjab Compulsory Registration Of Marriages Act, 2012

Act 01 of 2013

• Published in Gazette 01 on 4 January 2013
• Assented to on 4 January 2013
• Commenced on 4 January 2013
• [This is the version of this document from 4 January 2013.]
• [Note: The original publication document is not available and this content could not be verified.]

The Punjab Compulsory Registration Of Marriages Act, 2012[4th January, 2013](Punjab Act No. 1 of 2013)An Act to provide for the compulsory registration of marriages solemnized under any law governing the parties irrespective of their religion, caste, creed or nationality and for the matters connected therewith or incidental thereto.Be it enacted by the Legislature of the State of Punjab in the Sixty-thirdYear of the Republic of India as follows:-

1. Short Title and Commencement

(1)This Act may be called the Punjab Compulsory Registration of Marriages Act, 2012.

(2)It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint in this behalf.

2. Definitions.

In this Act, Unless the context otherwise required,-

(a)"Chief Registrar of Marriages" means the Chief Registrar of Marriages, appointed as such by the State Government under Section 9;

(b)"District Registrar of Marriages" means the District Registrar of Marriages, appointed as such by the State Government for a District under section 10;

(c)"foreign national" means any person who is not a citizen of India and shall include Persons of Indian Origin (P10) and Overseas Citizens of India (OCI);

(d)"marriage" means and includes a marriage, solemnized in the State of Punjab under any of the following Act, customs or laws, namely:-

(i)the Indian Christian Marriage Act, 1872; (15 of 1872);

(ii)the Anand Marriage Act, 1909 (7 of 1909);

(iii)the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937);

(iv)the Hindu Marriage Act, 1955 (25 of 1955); or

(v)any other custom or personal law relating to marriages;

(e)"marriage register" means a register of marriages maintained under this Act;

(f)"Municipality" means an institution of self-government constituted under article 243Q of the Constitution of India;

(g)"Non-resident Indian" (NR I) means a person of Indian origin, who is either permanently or temporarily settled outside India for any of the following purposes,-

(i)for or on taking up employment outside India; or

(ii)for carrying on a business or vocation outside India; or

(iii)for any other purpose, as would indicate his/her intention in such circumstances to stay outside the territorial limits of India for an uncertain or determined period for fulfilling or completing such purpose;

(h)"Panchayat"means an institution (by whatever name called) of self government for the rural areas constituted under article 243B of the Constitution of India;

(i)"prescribed" means prescribed by the rules made under this Act;

(j)"Priest" means any person performing religious rites of any religion and who has solemnized the marriage, sought to be registered;

(k)"Registrar of Marriages" means a Registrar of Marriages appointed as such by the State Government under section 11; and

(l)"State Government" means the Government of the State of Punjab.

3. Every marriage to be registered

On or after the commencement of this Act, every marriage,-

(i)between the parties, who are Indian nationals; or

(ii)between the parties, one of whom at least is a citizen of India and other a non-resident Indian or a foreign national,

solemnized or performed irrespective of religion, caste, creed or nationality shall be registered in the manner as provided in section 4;Provided that in case of any marriage, where one of the parties is non-resident Indian or foreign national, it shall be mandatory for such parties to disclose and mention in writing, his/her passport number, name of country from which it has been issued and its period of validity, besides his/her permanent residential/ official address in the country of current overseas abode and his/her valid, present social security number or any such similar other indetification proof officially issued by the country of foreign abode, which information shall be entered in the certificate of marriage as also in the marriage register.

4. Memorandum of Marriage

(1)The parties to a marriage or any of their parents or relations, shall prepare and sign a memorandum in such form, as may be prescribed, and shall present the same in duplicate to the registrar of Marriages as per provisions of section 5, within a period of three months from the date of the marriage.

(2)The memorandum shall also be signed by the priest.

(3)The memorandum shall be accompanied by such fee in the form of court fee stamps and shall be attested by such person, as may be prescribed.

(4)Where the Registrar of Marriages, before whom the memorandum is presented under sub-section ( I ), on scrutiny finds or otherwise has reason to believe that,-

(a)the marriage between the parties, has not been performed in accordance with the personal law, applicable to the parties; or

(b)the identity of the parties of the witnesses or the persons, testifying the identity of the parties and the solemnization of the marriage is not established beyond reasonable doubt; or

(c)the documents attached to the said memorandum do not prove the marital status of the parties,

he may, after hearing the parties and recording the reasons to do so in writing, refuse to register the marriage, and may —

(i)call upon the parties to produce such further information or documents, as he may deem necessary for establishing the

identity of the parties and the witnesses or correctness of the information or documents, presented to him or for any other reason specified in writing; or

(ii)if deemed necessary, refer the relevant documents to the concerned Government agency within whose jurisdiction, the parties reside for verification.

(5)Where on scrutiny of documents presented to him or on further information as provided under sub-section (4), the Registrar of Marriages is satisfied that there is no objection to register the marriage, he shall enter the same in the marriage register within the prescribed period. If in the opinion of the Registrar of Marriages, the marriage is not fit for registration, he shall pass an order of refusal, in writing, after recording the reasons therefor and send a copy thereof to the District Registrar of Marriages.

(6)Notwithstanding anything contained in sub-section (5), the Registrar of Marriages either suo-mwo or otherwise, may enter any marriage, which takes place in his jurisdiction in the marriage register, after calling the parties and ascertaining the facts, required for registration of marriage.

(7)The persons who have solemnized their marriages, before the date of commencement of this Act, may also get their marriages registered, if they or any of them, were residents of the State of Punjab at the time of marriage, subject, however, to the provisions of this Act.

(8)If a marriage is already registered outside the State of Punjab, it shall not registered again in the State of Punjab

5. Memorandum of marriage submitted after the stipulated period.

(1)The memorandum of marriage may be submitted to the Registrar of Marriages, after the the expiry of a period of three months, but not after six months, alongwith such fee, as may be prescribed, by describing the reasons for not submitting the said memorandum within the stipulated period.

(2)Any marriage of which delayed information is given to the Registrar of Marriages, after the expiry of a period of six months, but within one year of its occurrence, shall be registered only with the written permisson of the prescribed authority and on payment of the prescribed fee and submission of an affidavit duly attested by a Notary Public or any other officer, authorized by the State Government in this behalf.

(3)Any marriage, which has not been registered within a period of one year from the date of its occurrence, shall be registered only with the written permission of the Chief Registrar of Marriages and on payment of such fee, as may be prescribed and on submission of an affidavit duly attested by an officer authorized by the State Government in this behalf.

6. Place of registration of marriage.

The Registration of marriage shall be made in the office of the Registrar of Marriages, within whose jurisdiction the marriage was solemnized or within whose jurisdiction, either or both parties to the marriage have their permanent place of residence. In case of marriages, solemnized outside the State of Punjab, the registration of marriages can be made in the office of Registrar of Marriages where either party or parties thereto have their temporary residence in the State of Punjab.

7. Appeal

(1)Any person,aggrieved by the order of Registrar of Marriages Appeal.refusing to register a marriage under sub-section (5) of section 4, may, within a period of thirty days from the date of passing of such order, appeal to the District Registrar of Marriages in such manner and on payment of such fees, as may be prescribed.

(2)The District Registrar of Marriages may, after giving an opportunity of being heard to the parties concerned, pass an order confirming the order of the Registrar of Marriages or after recording the reasons, in writing, direct the Registrar of Marriages to register the marriage or may pass such order, as he may deem fit.

(3)Any person aggrieved by the order of the. District Registrar of Marriages confirming the order of refusal to register a marriage under sub-section (2), may, within a period of sixty days from the date of receipt of such order, further appeal to the Chief Registrar of Marriages in such manner and on payment of such fee, as may be prescribed.

(4)The Chief Registrar of Marriages, after giving an opportunity of being heard to the party concerned, shall pass an order confirming the order of the District Registrar of Marriages or the Registrar of Marriages concerned or after recording the reasons, in writing, direct the District Registrar of Marriages or the registrar of Marriages concerned, as the case may be, to register the marriage or shall pass such order, as he may deem fit.

8. Non-registration not to invalidate marriage.

No marriage in the State of Punjab shall be deemed to be invalid solely by the reason or the fact that it was not registered under this Act or that the memorandum was not presented to the registrar of Marriages or that such memorandum was defective or incorrect.

9. Chief Registrar of Marriages.

(1)For carrying out the purposes of this Act, the State of Government shall, by notification in the Official Gazette, appoint an officer, to be the Chief Registrar of Marriages and such other officers to assist him, as it may deem fit.

(2)The Chief Registrar of Marriages shall have jurisdiction over whole of the State of Punjab and shall have all the powers and perform all the duties conferred and imposed upon him under this Act. All other officers, appointed under sub-section (I), shall exercise such powers, as may be conferred upon them by the State Government.

(3)Every officer, appointed under sub-section (1), to assist the Chief Registrar of Marriages, shall exercise his powers, subject to the general superintendence and control of the Chief Registrar of Marriages.

(4)The Chief Registrar of Marriages shall be the Chief Executive Authority in the State of Punjab for the purpose of giving effect to the provisions of this Act and the rules made thereunder. For this purpose, he may issue directions to all concerned to co-ordinate and assist in the working of registration of marriages in an efficient way and shall prepare a report in this regard in such form and submit the same to the State Government in such manner and at such intervals, as may be prescribed.

10. District Registrar of Marriages.

(1)The State Government shall appoint a District Registrar of Marriages for each District and such number of Additional District Registrars of Marriages, as it may deem fit, who shall, subject to the general control and directions of the District Registrar of Marriages, discharge such functions, as the District Registrar of Marriages may, from time to time, assign to them.

(2)Subject to the general superintendence and control of the Chief Registrar of Marriages, the District Registrar of Marriages shall, superintendent the registration of marriages in the district, and shall be responsible for giving effect to the provisions of this Act and the rules made thereunder or the directions issued by the Chief Registrar of Marriages from time to time.

11. Registrar of Marriages.

(1)The State Government shall appoint a Registrar of Marriages for comprising the area of a tehsil or sub-tehsil or a combination of any two or more for carrying into execution in such areas the provisions of this Act;Provided that the State Government may appoint, in the case of Municipality or Panchayat or group of Panchayats, any officer or employee thereof, to be a Registrar of Marriages under the provisions of this Act.

(2)The Registrar of Marriages may also suo-moto, or on notice, without fee or reward, enter and register any marriage which takes place in his jurisdiction in the marriage register maintained under this Act, after calling the parties concerned and ascertaining the facts which require such marriage to be registered.

(3)Every Registrar of Marriages shall have an office in the local area of his jurisdiction for which he is so appointed.

(4)Every Registrar of Marriages shall attend his office for the purpose of registering marriages on such days and at such public hours as the Chief Registrar may direct and shall cause to be placed in a conspicuous place on or near the outer door of his office, a board bearing, in the local language, his name and the designation of the word "Registrar of Marriages" and the public days and hours of his attendance.

12. Maintenance of marriage register.

Every Registrar of Marriages shall maintain a marriage register, for the area or part thereof, in relation to which he exercises jurisdiction in such form, language and manner, as may be prescribed.

13. Correction or cancellation of entry in the marriage register.

If the Registrar of Marriages finds that any entry of a marriage in the marriage register kept by him under this Act, is erroneous in form or substance or has been fradulently 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 entire by making a suitable entry in the margin, without any alteration of the original entry, and shall sign and attest such entry, made in the margin and indicate the date of correction or cancellation, so made.Provided that no such correction or alteration shall be made to the deteriment of any person without giving him an opportunity of being heard.

14. Search of marriage register.

(1)Subject to the 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 in the presence of the Registrar of Marriages or any other officer or official, duly authorized by him, for any entry in a register of marriages; or

(b)obtain an extract from such register relating to any marriage.

(2)All extracts, supplied under sub-section (1), shall be certified by the Registrar of Marriages or any other officer authorized by the State Government to supply such extracts as provided in section 76 of the Indian Evidence Act, 1872 (Central Act 1 of 1872), and shall be admissible in evidence for the purpose of proving the marriage to which these extracts relate.

15. Penalty.

Any person,who,-

(a)Willfully omits or fails to present or send memorandum as required under section 4;or

(h)makes any statement in such memorandum, which is false in material particulars and which he knows or has reason to believe to be false; or

(c)secretly destroys or dishonestly or fraudulently alters the marriage register or any part thereof.

shall be liable to fine, which may extend to one thousand rupees.

16. Chief Registrar of Marriages, District Registrar of Marriages, Registrar of Marriages and other officers to be public servants.

The Chief Registrar of Marriages, the District Registrar of Marriages, the Registrar of Marriages and other officers, appointed to perform functions under this Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860)

17. Protection of actions taken in good faith.

No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith, done or intended to be done under this Act.

18. Power of the State Government to make rules

(1)The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act

(2)In particular and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matter, namely.

(a)the form of memorandum, fee and the person, who shall attest the same under sub-section (1) and (3) of section 4;

(b)the period within which a marriage is to be registered under sub-section (5) of section 4;

(c)the fee payable under sub-section (1),(2) and (3) of section 5;

(d)the authority mentioned in sub-section (2) of section 5;

(e)the manner and fee for filing an appeal under sub-section ( I ) of section 7;

(f)the manner and fee for filing of further appeal under sub-section (3) of section 7;

(g)the form, manner and intervals at which the report of working of registration of marriages under this Act is to be submitted under sub-section (4) of section 9;

(h)the form, language and manner in which marriage register is to be maintained under section 12;

(i)the conditions on which and the circumstances in which, entries may be corrected or cancelled under section 13;

(j)the fee for search of any entry in a marriage register and for obtaining an extract under sub-section (1) of section 14; and

(k)any other matter required to be prescribed by or under this Act.

(3)Every rule made under this section, shall be laid, as soon as may be, after it is made, before the House of the State Legislature while it is in session for a total period often days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions as aforesaid, the House agree in making any modification in the rule or the House agree that the rule should not be made, the rule shall thereafter, have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment, shall be without prejudice to the validity of anything previously done under that rule.

19. Provisions not to be derogatory to certain laws.

The provisions of this Act shall be addition to and not in derogation of the provisions of the Indian Christian Marriage Act, 1872 (15 of 1872), the Anand Marriage Act, 1909 (7 of 1909), the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937) and the Hindu Marriage Act, 1955 (25 of 1955).

 

The BIRTH, DEATH AND MARRIAGES REGISTRATION ACT, 1886

• Published on 1 January 1886
• Commenced on 1 January 1886
• [This is the version of this document from 1 January 1886.]
• [Note: The original publication document is not available and this content could not be verified.]

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 as the Central Government by notification in the Official Gazette directs. ² [***]³ [2. Extent.—This Act extends2 to the whole of India except 3[the territories which immediately before the 1st November, 1956, were comprised in Part B 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 ⁵ [***] 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. Power exercisable from time to time.—

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

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

(1)Each State Government—

(a)shall establish 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 ⁶ (to provide a form of marriage in certain cases) or the Indian Christian Marriage Act, 1872 (15 of 1872), or, beyond the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Bombay, under the Parsi Marriage and Divorce Act, 1865 (15 of 1865) ⁷ , as may be sent to it under this Act, or under any of the three last-mentioned Acts, as amended by this Act; and

(b)may appoint 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: ⁸ [***]

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 18721, or the Indian Christian Marriage Act, 1872 (15 of 1872), or the Parsi Marriage and Divorce Act, 1865 (15 of 1865) ⁹ , as amended by this Act, to be made and kept in his office in the prescribed form.

8. Indexes to be open to inspection.—

Subject to the payment of the prescribed fees the indexes so made shall be at all reasonable time 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 in this behalf by the State Government and shall be admissible in evidence for the purpose of proving the birth, death or marriage to which the entry relates..

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..

11. Persons whose births and deaths are registrable.—

(1)The persons whose births and deaths shall, in the first instance, be registrable under this Chapter are the following, namely:—(a) in ¹⁰ [the territories to which this Act extends] the members of every race, sect or tribe to which the Indian Succession Act, 1865 (10 of 1865) ¹¹ 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; ¹² [***]

(2)But the State Government by notification in the Official Gazette, may ¹³ [***] extend the operation of this Chapter to any other class of persons either generally or in any local area.

12. Power for State Government to appoint Registrars for its territories.—

The State 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..

13. Power for Central Government to appoint Registrars for Indian States.—

[Repealed by the A.O. 1950.].

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 Indian Penal Code (45 of 1860)..

15. Power to remove Registrars.—[Rep. by the 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 State 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..

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

(1)When any Registrar of Births and Deaths to whom the State Government may direct this section to apply ¹⁴ , not being a Registrar of Births and Deaths for a local area in the town of Calcutta, Madras or Bombay 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 State Government appoints in this behalf, shall be the Registrar of Births and Deaths during such absence or until the State Government fills the vacancy.

(2)When any such Registrar of Births and Deaths for a local area in the town of Calcutta, Madras or Bombay is absent, or when his office is temporarily vacant, any person whom the Registrar General of Births, Deaths and Marriages appoints in this behalf shall be the Registrar of Births and Deaths during such absence or until the State Government fills the vacancy.

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

18. Register books to be supplied and preservation of records to be provided for.—

The State Government shall 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..

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

Every Registrar of Births and Deaths of notice of a birth or death within the local area or among the class for which he is appointed, shall, if the notice is given within the prescribed time and in the prescribed mode by a person authorized by this Act to give the notice, forthwith make an entry of the birth or death in the proper register book: Provided that—(a) if he has reason to believe the notice to be in any respect false, he may refuse to register the birth or death until he receives an order from the Judge of the District Court directing him to make the entry and prescribing the manner in which the entry is to be made; and

(b)he shall not enter in the register the name of any person as father of an illegitimate child, unless at the request of the mother and of the person acknowledging himself to be the father of the child..

20. Persons authorized to give notice of birth.—Any of the following persons may give notice of a birth, namely:—(a) the father or mother of the child;

(b)any person present at the birth;

(c)any person occupying, at the time of the birth, any part of the house wherein the child was born and having knowledge of the child having been born in the house;

(d)any medical practitioner in attendance after the birth and having personal knowledge of birth occurred;

(e)any person having charge of the child..

21. Persons authorized to give notice of death.—

Any of the following persons may give notice of a death, namely:—(a) any relative of the deceased having knowledge of any of the particulars required to be registered concerning the death;

(b)any person present at the death;

(c)any person occupying, at the time of the death, any part of the house wherein the death occurred and having knowledge of the deceased having died in the house;

(d)any person in attendance during the last illness of the deceased:

(e)any person who has seen the body of the deceased after death..

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

(1)When an entry of a birth or death has been made by the Registrar of Births and Deaths under section 19, the person giving notice of the birth or death must sign the entry in the register in the presence of the Registrar: ¹⁵ [Provided that it shall not be necessary for the person giving notice to attend before the Registrar or to sign the entry in the register if he has given such notice in writing and has furnished to the satisfaction of the Registrar such evidence of his identity as may be required by any rules made by the State Government in this behalf.]

(2)Until the entry has been so signed, 1[or the conditions specified in the proviso to sub-section (1) have been complied with] the birth or death shall not be deemed to be registered under this Act.

(3)When the birth of an illegitimate child is registered, and the mother and the person acknowledging himself to be the father of the child jointly request that person may be registered as the father, the mother and that person must both sing the entry in the register in the presence of the Registrar.

23. Grant of certificate of Registration of Birth or Death.—

The Registrar of Births and Deaths shall, on application made at the time of registering any birth or death by the person giving notice of the birth or death, and on payment by him of the prescribed fee, give to the applicant a certificate in the prescribed form signed by the Registrar, of having registered the birth or death..

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

(1)Every Registrar of Birth and Deaths in ¹⁶ [the territories to which this Act extends] shall send to the Registrar General of Birth, Deaths and Marriages for the territories within which the local area or class for which he is appointed is situate or resides, at the prescribed intervals, a true copy certified by him, in the prescribed form, of all the entries of births and deaths in the register book kept by him since the last of those intervals: Provided that in the case Registrars of Births and Deaths who are clergymen of the Churches of England, Rome and Scotland the Registrar may, if so directed by his ecclesiastical superior, send the certified copies in the first instance to that superior, who shall send them to the proper Registrar General of Births, Deaths and Marriages. In this sub-section “Church of England” and “Church of Scotland” means the Church of England and the Church of Scotland as by law established respectively; and “Church of Rome” means the Church which regards the Pope of Rome as its spiritual head. ¹⁷ [*] ¹⁸ [*]

25. Searches and copies of entries in register books.—

(1)Every Registrar of Births and Deaths shall, on payment of the prescribed fees, at all reasonable times, allow searches to be made in the register books kept by him, and give a copy of any entry in the same.

(2)Every copy of an entry in a register book given under this section shall be certified by the Registrar of Births and Deaths, and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates..

26. Exceptional provision for registration of certain births and deaths.—

Notwithstanding anything in section 19, the ¹⁹ [State Government] may make ²⁰ [rules] authorizing Registrars of Births and Deaths, on conditions and in circumstances to be specified in the rules, to register births and deaths occurring outside the local areas or classes for which they are appointed.

27. Penalty for wilfully giving false information.—

If any person wilfully makes, or causes to be made, for the purpose of being inserted in any register of births or deaths, any false statement in connection with any notice of a birth or death under this Act, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both..

28. Correction of entry in register of births or deaths.—

(1)If it is proved to the satisfaction of a Registrar of Births and Deaths that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, he may, subject to such ²¹ [rules] as may be made by the ²² [State Government] with respect to the conditions and circumstances on and in which errors may be corrected, correct the error by 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.

(2)If a certified copy of the entry has already been sent to the Registrar General of Births, Deaths and Marriages, the Registrar of Births and Deaths shall make and send a separate certified copy of the original erroneous entry and of the marginal correction therein made.Sections 29.—[ Rep. by the Repealing Act, 1938 (1 of 1938), sec. 2 and Sch.]Sections 30.—[ Rep. by the Repealing Act, 1938 (1 of 1938), sec. 2 and Sch.]Sections 31.—[ Rep. by the Repealing Act, 1938 (1 of 1938), sec. 2 and Sch.]

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

If any person in ²³ [the territories to which this Act extends] has for the time being the custody of any register or record of birth, baptism, naming, dedication, death or burial of any persons of the classes referred to in section 11, sub-section(1) , or, of any register or record of marriage of any persons of the classes to which Act III of 1872 ²⁴ or the Indian Christian Marriage Act, 1872 (15 of 1872) or the Parsi Marriage and Divorce Act, 1865 (15 of 1865) ²⁵ applies, and if such register or record has been made otherwise than in performance of a duty specially enjoined by the law of the country in which the register or record was kept, he may, ²⁶ [at any time before the first day April, 1891,] send the register or record to the office of the Registrar General or Births, Deaths and Marriages for the territories within which he resides, ²⁷ [***]

33. Appointment of Commissioners to examine registers.— ²⁸

[(1) Any State Government in the case of registers or records sent under section 32 to the Registrar General for the territories under its administration, ²⁹ [*] may appoint so many persons as it ³⁰ [*] thinks fit to be Commissioner for examining such registers or records.]

(2)The Commissioners so appointed shall hold office for such period as the ³¹ [authority appointing them], by the order of appointment, or any subsequent order, directs.

34. Duties of Commissioners.—

(1)The Commissioners appointed under the last foregoing section shall enquire into the state, custody and authenticity of every such register or record as may be sent to the Registrar General of Births, Deaths and Marriages under section 32; and shall deliver to the Registrar General a descriptive list or descriptive lists of all such registers or records, or portions of registers or records, as they find to be accurate and faithful.

(2)The list or lists shall contain the prescribed particulars and refer to the registers or records, or to the portions of the registers or records, in the prescribed manner.

(3)The Commissioners, shall also certify in writing, upon some part of every separate book or volume containing any such register or record, or portion of a register or record, as is referred to in any list or lists made by the Commissioners, that it is one of the registers or records, or portions of registers or records, referred to in the said list or lists..

35. Searches of lists prepared by Commissioners and grant of certified copies of entries.—

(1)Subject to the payment of the prescribed fees, the descriptive list or lists of registers or records, or portions of registers or records, delivered by the Commissioners to the Registrar General of Births, Deaths and Marriages shall be, at all reasonable times, open to inspection by any person applying to inspect it or them, and copies of entries in those registers or records shall be given to all persons applying for them.

(2)A copy of an entry given under this section shall be certified by the Registrar General of Births, Deaths and Marriages, or by an officer or person authorized in this behalf by the State Government and shall be admissible in evidence for the purpose of proving the birth, baptism, naming, dedication, death, burial or marriage to which the entry relates.³² [35A. Constitution of additional Commissions for purposes of this Chapter.—(1) ³³ [***] The State Government ³⁴ [may by notification in the Official Gazette] appoint more Commissions ³⁵ than one for the purposes of section 33, each such Commission consisting of so many and such members, and having its functions restricted to the disposal, under this Act and the rules thereunder, of such registers and records sent under section 32 to the Registrar General, as may be specified in the notification.

(2)If more Commissions than one are appointed in exercise of the power conferred by sub-section (1), then references in this Act to the Commissioners shall be construed as references to the members constituting a Commission so appointed.]³⁶ [36. Rules.— ³⁷ [(1) The State Government, for each State ³⁸ [***] may make rules to carry out the purpose of this Act.]

(2)In particular and without prejudice to the generality of the foregoing power, such rules may—(a) fix the fees payable under this Act;

(b)prescribe the forms required for the purposes of this Act;

(c)prescribe the time within which, and the mode in which, persons authorized under this Act to give notice of a birth or death to a Registrar of Births and Deaths must give the notice;

(d)prescribe the evidence of identity to be furnished to a Registrar of Birth and Deaths by persons giving notice of a birth or death in cases where personal attendance before such Registrar is dispensed with;

(e)prescribe the registers to be kept and the form and manner in which Registrars of Births and Deaths are to register births and deaths under this Act, and the intervals at which they are to send to the Registrar General of Births, Deaths and Marriages true copies of the entries of births and deaths in the registers kept by them;

(f)prescribe the conditions and circumstances on and in which Registers of Births and Deaths may correct entries of births and deaths in registers kept by them;

(g)prescribe the particulars which the descriptive list or lists to be prepared by the Commissioner appointed under Chapter V are to contain, and the manner in which they are to refer to the registers or records, or portions of registers or records, to which they relates; and

(h)prescribe the custody in which those registers or records are to kept.

(3)Every power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication.

(4)All rules made under this Act shall be published in the Official Gazette and on such publication shall have effect as if enacted in this Act.]

37. Procedure for making and publication of rules.—[Rep., by the Births, Deaths and Marriages Registration (Amendment) Act, 1911 (9 of 1911) sec. 5.].

1. Came into force on 1st October, 1888, See Gazette of India, 1888, Pt. I, p. 336.

2. Sub-section (3) rep. by Act 12 of 1891, sec. 2 and Sch.

3. Subs. by the A.O. 1950, for the former section.

4. It has been declared in force in the Santhal Parganas by sec. 3 of the Santhal Parganas Settlement Regulation, 1872 (III of 1872). It has also been partially extended to Berar by the Berar Laws Act 1941 (4 of 1941).

5. The words “by the G.G. in C.” rep. by the A.O. 1937.

6. See now the Special Marriage Act, 1954 (43 of 1954).

7. See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).

8. Sub-section (2) rep. by the A.O. 1937.

9. See now the Special Marriage Act, 1954 (43 of 1954).

10. Subs. by the A.O. (No. 2) 1956, for “a Part A State or a Part C State”.

11. See now the Indian Succession Act, 1925 (39 of 1925), section 3.

12. Clause (b) rep. by the A.O. 1950.

13. T he words “with the previous approval of the G.G. in C” were omitted by the Act 38 of 1920, sec. 2 and Sch. I.

14. The section has been declared by the Government of Madras to apply to all Registrars appointed by that Government under section 12, See Mad. R and O.

15. Ins. by Act 9 of 1911, sec. 2.

16. Subs. by the A.O. (No. 2), 1956, for “Part A States or Part C States”.

17. Sub-section (2) rep. by the A.O. 1950.

18. The proviso to sub-section (2) ins. by Act 38 of 1920, sec. 2 and sch. I, and rep. by the A.O. 1937.

19. Subs. by Act 9 of 1911, sec. 3 for “G.G. in C”.

20. For rules made under section 26 conjointly with sections 28 and 36, see Gazette of India, 1888, Pt. I, p. 336, and different local Rules and Orders. All rules made by the G.G. in C. under this Act, before 1911, shall be deemed to have been made by the State Governments, see section 6 of Act 9 of 1911.

21. For rules made under section 26 cojointly with sections 28 and 36, see Gazette of India, 1888, pt. 1, p. 336 and different local Rules and orders. All rules made by the G.G. in C. under this Act, before 1911, shall be deemed to have been made by the State Government, see section 6 of Act 9 of 1911.

22. Subs. by Act 9 of 1911, sec. 3 for “G.G. in C”.

23. Subs. by the A.O. (No. 2) 1956, for “a Part A State or a Part C State.”

24. See. now the Special Maggiage Act, 1954 (43 of 1954).

25. See. now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).

26. Subs. by Act 16 of 1890, sec. 1, for “within one year from the date on which this Act coms into force”.

27. Certain words including the proviso which was ins. by Act 38 of 1920, sec. 2 and sch. omitted by the A.O. 1950.

28. Subs. by Act 38 of 1920, sec. 2 and Sch. 1, for the original sub-section (1).

29. Certain words rep. by the A.O. 1950.

30. The words “or he, as the case may be”, rep. by the A.O. 1937.

31. Subs. by Act 38 of 1920, sec. 2 and Sch. I, for “G.G. in C”.

32. Section 35A was added by the Births, Death and Marriages Registration Act, (1886) Amendment Act, 1890 (16 of 1890), sec. 2, which was repealed by the Devolution Act, 1920 (38 of 1920), sec. 3 and Sch. II. The present sub-section (1) was subs. for the original sub-section by the Devolution Act, 1920 (38 of 1920), sec. 2, Sch. I, and sub-section (2), was inserted by the Repealing and Amending Act, 1934 (24 of 1934), sec. 2 and Sch. I.

33. The words “The Central Goverment or” rep. by the A.O. 1950.

34. Subs. by the A.O. 1937, for “if he or it thinks fit, may by notification in the Gazette of India or the local official Gazette, as the case may be”.

35. For Commissioners appointed under this section, see Gazette of India, 1890, Pt. I, p. 744.

36. Subs. by Act 9 of 1911, sec. 4, for the original section.

37. Subs. by the A.O. 1937, for the original sub-section.

38. The words “and the Central Government for British subjects in Indian States” rep. by the A.O. 1950.