The Birth and Death Act, 1969

The Registration of Births and Deaths Act, 1969 (Act No. 18 of 1969) [31St May 1969] An Act to provide for the regulation of registration of births and deaths and for matters connected therewith. Be it enacted by Parliament in the Twentieth Year of the Republic of India as follows: CHAPTER I (f) “State Government”, in relation to a PRELIMINARY Union territory, means the Administrator thereof; 1. Short title, extent and commencement—(1) This Act may be (9) “still-birth” means foetal death where a called the Registration of Births and Deaths product of conception has attained at Act, 1969. least the prescribed period of gestation. (2) It extends to the whole of India. (2) Any reference in this Act to any law (3) It shall come into force in a State on which is not in force in any area shall, in such date as the Central Government may, relation to that area, be construed as a by notification in the Official Gazette, reference to the corresponding law, if any, in appoint: force in that area. Provided that different dates may be appointed fordifferent parts of a State CHAPTER II REGISTRATION ESTABLISHMENT 2. Definitions and interpretation— (1) In this Act, unless the context otherwise requires, 3. Registrar General, India—(1) The Central Government may, by notification in (a) “birth” means live-birth or still-birth ; the Official Gazette, appoint a person to be known as the Registrar-General, India. (b) “death” means the permanent disappearance of all evidence of life (2) The Central Government may also at any time after live-birth has taken appoint such other officers with such place ; designations as it thinks fit for the purpose of discharging, under the superintendence (c) “foetal death” means absence of all and direction of the Registrar-General, such evidence of life prior to the complete functions of the Registrar-General under this expulsion or extraction from its mother Act as he may, from time to time, authorize of a product of conception irrespective them to discharge. of the duration of pregnancy ; (3) The Registrar-General may issue (d) “live-birth” means the complete general directions regarding registration of expulsion of extraction from its mother births and deaths in the territories to which of a product of conception, irrespective this Act extends, and shall take steps to co- of the duration of pregnancy, which, ordinate and unify the activities of Chief after such expulsion or extraction, Registrars in the matter of registration of breathes or shows any other evidence births and deaths and submit to the Central of life, and each product of such birth is Government an annual report on the considered live-born ; working of this Act in the said territories. (e) “prescribed” means prescribed by rules 4. Chief Registrar—(1) The State made under this Act; Government may, by notification in the Official Gazette, appoint a Chief Registrar the jurisdiction of a municipality, Panchayat for the State. or other local authority or any other area or a combination of any two or more of them : (2) The State Government may also appoint such other officers with such Provided that the State Government designations as it thinks fit for the purpose may appoint in the case of a municipality, of discharging, under the superintendence Panchayat or other local authority, any and direction of the Chief Registrar, such of officer or other employee thereof as a his functions as he may, from time to time, Registrar. authorize them to discharge. (2) Every Registrar shall, without fee or (3) The Chief Registrar shall be the reward, enter in the register maintained for chief executive authority in the State for the purpose all information given to him carrying into execution the provisions of this under section 8 or section 9 and shall also Act and the rules and orders made take steps to inform himself carefully of thereunder subject to the directions, if any, every birth and of every death which takes given by the State Government. place in his jurisdiction and to ascertain and register the particulars required to be (4) The Chief Registrar shall take steps registered. by the issue of suitable instructions or otherwise, to co-ordinate, unify and (3) Every Registrar shall have an office supervise the work of registration in the in the local area forwhich he is appointed. State for securing an efficient system of registration and shall prepare and submit to (4) Every Registrar shall attend his the State Government, in such manner and office for the purpose of registering births at such intervals as may be prescribed, a and deaths on such days and at such hours report on the working of this Act in the State as the Chief Registrar may direct and shall alongwith the statistical report referred to in cause to be placed in some conspicuous sub- section (2) of section 19. place on or near the outer door of the office of the Registrar a board bearing, in the local 5. Registration divisions—The State language, his name with the addition of Government may, by notification in the Registrar of Births and Deaths for the local Official Gazette, divide the territory within area for which he is appointed, and the days the State into such registration divisions as and hours of his attendance. it may think fit and prescribe different rules for different registration divisions. (5) The Registrar may, with the prior approval of the Chief Registrar, appoint 6. District Registrar—(1) The State Sub-Registrars and assign to them any or Government may appoint a District all of his powers and duties in relation to Registrar for each revenue district and such specified areas within his jurisdiction. number of Additional District Registrars as it thinks fit who shall, subject to the general control and direction of the District CHAPTER III Registrar, discharge such functions of the REGISTRATION OF BIRTHS AND district Registrar as the District Registrar DEATHS may, from time to time, authorize them to discharge. 8. Persons required to register births and deaths—(1) It shall be the duty of the (2) The District Registrar shall persons specified below to give or cause to superintend, subject to the direction of the be given, either orally or in writing, Chief Registrar, the Registration of births according to the best of their knowledge and and deaths in the district and shall be belief, within such time as may be responsible for carrying into execution in the prescribed, information to the Registrar of district the provisions of this Act and the the several particulars required to be orders of the Chief Registrar issued from entered in the forms prescribed by the State time to time forthe purpose of this Act. Government under sub-section (1) of 7. Registrars—(1) The State section 16,-- Government may appoint a Registrar for (a) in respect of births and deaths in a house, whether residential or non- each local area comprising the area within residential, not being any place referred to in clauses (b) to (e), the 9. Special provision regarding births head of the house or, in case more and deaths in a plantation—In the case of than one household live in the house, births and deaths in a plantation, the the head of the household, the head superintendent of the plantation shall give or being the person, who is so cause to be given to the Registrar the recognized by the house or the information referred to in section 8: household, and if he is not present in the house at any time during the Provided that the persons referred to in period within which the birth or death clauses (a) to (f) of sub-section (i) of section has to be reported, the nearest 8 shall furnish the necessary particulars to relative of the head present in the the superintendent of the plantation. house, and in the absence of any such person, the oldest adult male Explanation — In this section, the person present therein during the said expression “plantation” means any land not pedod; less than four hectares in extent which is being prepared for the production of, or (b) in respect of births and deaths in a actually produces, tea, coffee, pepper, hospital, health center, maternity or rubber, cardamom, cinchona or such other nursing home or other like institution, products as the State Government may, by the medical officer in charge or any notification in the Official Gazette, specify person authorized by him in this and the expression “superintendent of the behaH; plantation” means the person having the (c) in respect of births and deaths in ajail, charge or supervision of the labourers and the jailor in charge ; work in the plantation whether called a manager, superintendent or by any other (d) in respect of births and deaths in a name. choultry, chattram, hostel, dharmasala, boarding house, lodging 10. Duty of certain persons to notify house, tavern, barrack, toddy shop or births and deaths and to certify cause of place of public resort, the person in death—(1) It shall be the duty of— charge thereof ; (e) in respect of any new-born child or (i) the midwife or any other medical or dead body found deserted in a public health attendant at a birth ordeath, place, the headman or other corresponding officer of the village in (ii) the keeper or the owner of a place set the case of a village and officer in apart for the disposal of dead bodies charge of the local police station or any person required by a local elsewhere : authority to be present at such place, Provided that any person who finds or such child or dead body, or in whose (iii) any other person whom the State charge such child or dead body may Government may specify in this be placed, shall notify such fact to the behalf by his designation, to notify headman or officer aforesaid ; every birth or death or both at which (f) in any other place, such person as he or she attended or was present, or may be prescribed. which occurred in such areas as may be prescribed, to the Registrar within (2) Notwithstanding anything contained such time and in such manner as may in sub-section (1), the State Government, be prescribed. having regard to the conditions obtaining in a registration division, may be order require (2) In any area, the State that for such period as may be specified in Government, having regard to the facilities the order, any person specified by the State available therein in this behalf, may require Government by designation in this behalf, that a certificate as to the cause of death shall give or cause to be given information shall be obtained by the Registrar from such regarding births and deaths in a house person and in such form as may be referred to in clause (a) of sub-) section (1) prescribed. instead of the persons specified in that clause. (3) Where the State Government has required under sub-section (2) that a certificate as to the cause of death shall be or a Presidency Magistrate after verifying obtained, in the event of the death of any the correctness of the birth or death and on person who, during his last illness was payment of the prescribed fee. attended by a medical practitioner, the medical practitioner shall, after the death of (4) The provisions of this section that person, forthwith, issue without shall be without prejudice to any action that charging any fee, to the person required may be taken against a person for failure on under this Act to give information his part to register any birth or death within concerning the death, a certificate in the the time specified therefore and any such prescribed form stating to the best of his birth or death may be registered during the knowledge and belief the cause of death; pendency of any such action. and the certificate shall be received and delivered by such person to the Registrar at 14. Registration of name of child.— the time of giving information concerning the Where the birth of any child has been death as required by this Act. registered without a name, the parent or guardian of such child shall within the 11. Informant to sign the register prescribed period give information regarding — Every person who has orally given to the the name of the child to the Registrar either Registrar any information required under orally or in writing and thereupon the this Act shall write in the register maintained Registrar shall enter such name in the in this behalf, his name, description and register and initial and date of the entry. place of abode, and, if he cannot write, shall put his thumb mark in the register against 15. Correction or cancellation of entry his name, description and place of abode, in the register of births and deaths.—lf it the particulars being in such a case entered is proved to the satisfaction of the Registrar by the Registrar. that any entry of a birth or death in any register kept by him under this Act is 12. Extracts of registration erroneous in form or substance, or has been entries to be given to informant—The fraudulently or improperly made, he may, Registrar shall, as soon as the registration subject to such rules as may be made by of a birth or death has been completed, the State Government with respect to the give, free of charge, to the person who gives conditions on which and the circumstances information under section 8 or section 9 an in which such entries may be corrected or extract of the prescribed particulars under cancelled, correct the error or cancel the his hand from the register relating to such entry by suitable entry in the margin, without birth or death. any alteration of the original entry, and shall sign the marginal entry and add thereto the 13. Delayed registration of births date of the correction or cancellation. and deaths. — (1) Any birth or death of which information is given to the Registrar after the expiry of the period specified CHAPTER IV therefore, but within thirty days of its MAINTENANCE OF RECORDS AND occurrence, shall be registered on payment STATISTICS of such late fee as may be prescribed. (2) Any birth or death of which 16. Registrars to keep registers in delayed information is given to the Registrar the prescribed form — (1) Every Registrar after thirty days but within one year of its shall keep in the prescribed form a register occurrence shall be registered only with the of births and deaths for the registration area written permission of the prescribed or any part thereof in relation to which he authority and on payment of the prescribed exercises jurisdiction. fee and the production of an affidavit made before a notary public or any other officer (2) The Chief Registrar shall cause authorized in this behalf by the State to be printed and supplied a sufficient Government. number of register books for making entries of births and deaths according to such forms (3) Any birth or death which has not and instructions as may, from time to time, been registered within one year of its be prescribed; and a copy of such forms in occurrence, shall be registered only on an the local language shall be posted in some order made by a magistrate of the first class conspicuous place on or near the outer door CHAPTER V of the office of every Registrar. MISCELLANEOUS 17. Search of births and deaths 20. Special provision as to register—(1) Subject to any rules made in registration of births and deaths of this behalf by the State Government, citizens outside India—(1) The Registrar including rules relating to the payment of General shall, subject to such rules as may fees and postal charges, any person may-- be made by the Central Government in this (a) cause a search to be made by behalf, cause to be registered information as to births and deaths of citizens of India the Registrar for any entry in a outside India received by him under the register of births and deaths; rules relating to the registration of such and citizens at Indian Consulates made under the Citizenship Act, 1955 (57 of 1955), and (b) obtain an extract from such every such registration shall also be register relating to any birth or deemed to have been duly made under this death : Act. Provided that no extract relating to (2) In the case of any child born any death, issued to any person, shall outside India in respect of whom information disclose the particulars regarding the cause has not been received as provided in sub- of death as entered in the register. section (1), if the parents of the child returns (2) All extracts given under this to India with a view to settling therein, they section shall be certified by the Registrar or may, at any time within sixty days from the any other officer authorised by the State date of the arrival of the child in India, get the birth of the child registered under this Government to give such extracts as provided in section 76 of the Indian Act in the same manner as if the child was born in India and the provisions of section Evidence Act, 1872 (1 of 1872), and shall be 13 shall apply to the birth of such child after admissible in evidence for the purpose of the expiry of the period of sixty days proving the birth or death to which the entry aforesaid. relates. 21. Power of Registrar to obtain 18. Inspection of registration offices — The registration offices shall be information regarding birth or death— inspected and the registers kept therein The Registrar may either orally or in writing shall be examined in such manner and by require any person to furnish any information within his knowledge in such authority as may be specified by the District Registrar. connection with a birth or death in the locality within which such person resides 19. Registrars to send periodical and that person shall be bound to comply returns to the Chief Registrar for with such requisition. compilation—(1) Every Registrar shall 22. Power to give directions—The send to the Chief Registrar or to any officer specified by him, at such intervals and in Central Government may give such such form as may be prescribed, a return directions to any State Government as may regarding the entries of births and deaths in appear to be necessary for carrying into the register kept by such Registrar. execution in the State any of the provisions of this Act or of any rule or order made (2) The Chief Registrar shall cause thereunder. the information in the returns furnished by the Registrars to be compiled and shall 23. Penalties—(1) Any person publish for the information of the public a who— statistical report on the registered births and deaths during the year at such intervals and (a) fails without reasonable cause in such form as may be prescribed. 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 and no further proceedings shall be taken the purpose of being inserted in against him in respect of such offence. any register of births and deaths, any information which 25. Sanction for prosecution—No he knows or believes to be false prosecution for an offence punishable under regarding any of the particulars this Act shall be instituted except by an required to be known and officer authorised by the Chief Registrar by registered; or general or special order in this behalf. (c) refuses to write his name, 26. Registrars and Sub- description and place of abode Registrars to be deemed public or to put his thumb mark in the servants—All Registrars and Sub- register as required by section Registrars shall, while acting or purporting 11, shall be punishable with fine to act in pursuance of the provisions of this which may extend to fifty Act or any rule or order made thereunder be rupees. deemed to be public servants within the meaning of section 21 of the Indian Penal (2) Any Registrar or Sub-Registrar Code (45 of 1860). who neglects or refuses, without reasonable cause, to register any birth or death 27. Delegation of powers—The occuring in his jurisdiction or to submit any State Government may, by notification in the returns as required by sub-section (1) of Official Gazette, direct that any power section 19 shall be punishable with fine exercisable by it under this Act (except the which may extend to fifty rupees. power to make rules under section 30) or the rules made thereunder shall, subject to (3) Any medical practitioner who such conditions, if any, as may be specified neglects or refuses to issue a certificate in the direction be exercisable also by such under sub-section (3) of section 10 and any officer or authority subordinate to the State person who neglects or refuses to deliver Government as may be specified in the such certificate shall be punishable with fine direction. which may extend to fifty rupees. 28. Protection of action taken in (4) Any person who, without good faith—(1) No suit, prosecution or reasonable cause, contrvenes any provision other legal proceeding shall lie against the of this Act for the contravention of which no Government, the Registrar General, any penalty is provided for in this section shall Registrar, or any person exercising any be punishable with fine which may extend to power or performing any duty under this Act ten rupees. for anything which is in good faith done or intended to be done in pursuance of this Act (5) Notwithstanding anything or any rule or order made thereunder. contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence (2) No suit or other legal proceeding under this section shall be tried summarily shall lie against the government for any by a Magistrate. damage caused or likely to be caused by anything which is in good faith done or 24. Power to compound offences— intended to be done in pursuance of this Act (1) Subject to such conditions as may be or any rule or order made thereunder. prescribed, any officer authorised by the Chief Registrar by a general or special order 29. Act not to be in derogation of in this behalf may, either before or after the Act 6 of 1886—Nothing in this Act shall be institution of criminal proceedings under this construed to be in derogation of the Act, accept from the person who has provisions of the Births, Deaths and committed or is reasonably suspected of Marriages Registration Act, 1886. having committed an offence under this Act, by way of composition of such offence a 30. Power to make rules—(1) The sum of money not exceeding fifty rupees. State Government may, with the approval of the Central Government, by notification in (2) On the payment of such sum of the Official Gazette, make rules to carry out money, such person shall be discharged the purposes of this Act. (2) In particular, and without (l) the correction of errors and the prejudice to the generality of the foregoing cancellation of entries in the provision, such rules may provide for— register of births and deaths; (a) the forms of registers of births and (m) any other matter which has to deaths required to be kept under be, or may be, prescribed. this Act; 1[(3) Every rule made under this Act (b) the period within which and the shall be laid, as soon as may be form and the manner in which after it is made, before the State information should be given to the Legislature]. Registrar under section 8; 31. Repeal and saving—(1) Subject to the (c) the period within which and the provisions of section 29, as from the coming manner in which births and deaths into force of this Act in any State or part shall be notified under sub-section thereof, so much of any law in force therein (1) of section 10; as relates to the matters covered by this Act shall stand repealed in such State or part, (d) the person from whom and the as the case may be. form in which a certificate as to cause of death shall be (2) Notwithstanding such repeals, obtained; anything done or any action taken (including any instruction or direction issued, any (e) the particulars of which extract regulation or rule or order made) under any may be given under section 12 such law shall, in so far as such thing or action is not inconsistent with the provisions (f) the authority which may grant of this Act, be deemed to have been done or permission for registration of a taken under the provisions aforesaid, as if birth or death under sub-section they were in force when such thing was (2) of section 13; done or such action was taken, and shall continue in force accordingly until (g) the fees payable for registration superseded by anything done or any action made under section 13; taken under this Act. (h) the submission of reports by the 32. Power to remove difficulty—If Chief Registrar under sub- any difficulty arises in giving effect in a State section (4) of section 4; to the provisions of this Act in their application to any area, the State (i) the search of birth and death Government may, with the approval of the registers and the fees payable Central Government, by order make such for such search and for the provisions or give such directions not grant of extracts from the inconsistent with the provisions of this Act register; as appears to the State Government to be necessary or expedient for removing the (j)the forms in which and the difficulty: intervals at which the returns and the statistical report under Provided that no order shall be section 19 shall be furnished and made under this section in relation to any published; area in a State after the expiration of two years from the date on which this Act comes (k) the custody, production and into force in that area. transfer of the registers and other records kept by Registrars; 1. Ins. by Act 4 of 1986, s.2 and Schedule (w.e.f.15.5.1986).