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 2[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.
3
* * * * *
4
* * * * *
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 5[State Government] may make rules6 authorising 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.
D.—Penalty for False Information
27. Penalty for willfully giving false information.—If any person willfully 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.
1. Ins. by Act 9 of 1911, s. 2.
2. Subs. by the Adaptation of Laws (No. 2), Order 1956, for “Part A States or Part C States”.
3. Sub-section
(2) omitted by the A.O. 1950
4. The proviso rep. by the A.O. 1937.
5. Subs. by Act 9 of 1911, s. 3 for “G.G. in C.”.
6. For rules made under section 26 conjointly with sections 28 and 36, see Gazette of India, 1888, Part. 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.
7
E.—Correction of Errors
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 rules1 as may be made by the 2[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.
CHAPTER IV
AMENDMENT OF MARRIAGE ACTS
29. [Addition of new section after section 13, Act 3 of 1872]. Rep. by the Repealing Act, 1938 (1 of
1938), s. 2 and the Schedule.
30. [Amendment of the Indian Christian Marriage Act, 1872]. Rep. by s. 2 and the Schedule, ibid.
31. [Addition of new section after section 8 of the Parsi Marriage and Divorce Act, 1865]. Rep. by
s. 2 and the Schedule, ibid.
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.—If any person in 3[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,subsection
(1), or, of any register or record of marriage of any
persons of the classes to which Act III of 1872 or the Indian Christian Marriage Act, 1872(15of 1872) or
the Parsi Marriage and Divorce Act, 1865 (15 of 1865) applies, and if such register or record has been
made otherwise than in performance of a duly specially enjoined by the law of the country in which the
register or record was kept, he may, 4[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, 5***.
33. Appointment of Commissioners to examine registers.—6[
(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, 7*** may appoint so many persons as it 8*** thinks fit to be Commissioner for examining
such registers or records.]
1. For rules made under section 26 conjointly with sections 28 and 36, see Gazette of India, 1888, Part. 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 Government, see section 6 of Act 9 of 1911.
2. Subs. by Act 9 of 1911, s. 3 for “G.G. in C.”.
3. Subs. by the Adaptation of Laws (No. 2), Order 1956, for “a Part A State or a Part C State”.
4. Subs. by Act 16 of 1890, s. 1, for “within one year from the date on which this Act comes into force”.
5. Certain words including the proviso which was inserted by Act 38 of 1920, s. 2 and the Schedule, omitted by the A.O. 1950.
6. Subs. by Act 38 of 1920, s. 2 and the First Schedule, for sub-section
(1).
7. Certain words omitted by the A.O. 1950.
8. The words “or he, as the case may be,” rep. by the A.O. 1937.
8
(2) The Commissioners so appointed shall hold office for such period as the 1[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 me 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 authorised 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.
2
[35A. Constitution of additional Commissions for purposes of this Chapter.—
(1) 3*** The State
Government 4[may by notification in the Official Gazette] appoint more Commissions5 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 there under, 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.]
CHAPTER VI
RULES
6 7
[36. Rules.— [
(1) The State Government, for each State 8*** 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;
1. Subs. by Act 38 of 1920, s. 2 and Sch. 1, for “G.G. in C”.
2. Section 35A was added by the Births, Death and Marriages Registration Act,
(1886) Amendment Act, 1890 (16 of 1890), s. 2,
which was repealed by the Devolution Act, 1920 (38 of 1920), s. 3 and the Second Schedule. The present sub-section
(1) was
subs. for the original sub-section by the Devolution Act, 1920 (38 of 1920), s. 2 and the First Schedule, and sub-section
(2),
was inserted by the Repealing and Amending Act, 1934 (24 of 1934), s. 2 and the First Schedule.
3. The words “The Central Government or” omitted by the A.O. 1950.
4. 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”.
5. For Commissioners appointed under this section, see Gazette of India, 1890, Pt. I, p. 744.
6. Subs. by Act 9 of 1911, s. 4, for section 36.
7. Subs. by the A.O. 1937, for sub-section
(1).
8. The words “and the Central Government for British subjects in Indian States” omitted by the A.O. 1950.
9
(b) prescribe the forms required for the purposes of this Act;
(c) prescribe the time within which, and the mode in which, persons authorised 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) s. 5.
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