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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT

Ministry of Law and Justice

Act nº 6 of 1886


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Act nº 6 of 1886

Preamble

THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886

[Act, No. 6 of 1886]

[8th March, 1886]

PREAMBLE

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

whereas it is expedient to provide for the voluntary registration of births and deaths among certain classes of persons, for the more effectual registration of those births and deaths and of the marriages registered under Act III of 18721, or the Indian Christian Marriage Act, 1872 (15 of 1872) and of certain marriages registered under Parsi Marriage and Divorce Act, 1865 (15 of 1865)2, and for the establishment of general registry offices for keeping registers of those births, deaths and marriages;

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

It is hereby enacted as follows:--

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

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


Chapter I

Section 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 day1as the Central Government by notification in the Official Gazette directs.

2[* * * * *]

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. 2and Sch.


Section 2. Extent

1[ 2.Extent.--

ThisAct extends2 to the whole ofIndia except 3 the territorieswhich immediately before the 1st November, 1956, were comprisedin Part BStates].]

1. Subs. by theA.O. 1950, for the former section.

2. It has beendeclared in force in the Santhal Parganas by sec. 3 of the Santhal ParganasSettlement Regulation, 1872 (III of 1872). It has also been partially extendedto Berar by the Berar Laws Act1941 (4 of 1941).

3. Subs. by theA.O. (No. 2), 1956, for "Part BStates".


Section 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 made1[ ** * * *] under this Act; and

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

1. The words "by the G.G. in C." rep. by the A.O. 1937.


Section 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.

Section 5. Power exercisable from time to time

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

Chapter II

Section 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 18721(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)2, 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:

3[* * * * *].

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

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

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


Section 7. Indexes to be kept at general registry office

Each Registrar General of Births, Deaths and Marriages shall cause indexes of all the certified copies of registers sent to his office under this Act or under Act III of 1872, or the Indian Christian Marriage Act, 1872 (15 of 1872), or the Parsi Marriage and Divorce Act, 1865 (15 of 1865), as amended by this Act, to be made and kept in his office in the prescribed form.

Section 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.

Section 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.

Section 10. Superintendence of Registrars by Registrar General

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

Chapter III

Section 11. Persons whose births and deaths are registrable

A.--Application of this Chapter

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

(a) in1[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)2 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;

3[***]

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

1. Substitution by the A.O. (No. 2) 1956, for "a Part A State or a Part C State".

2. See now the Indian Succesion Act, 1925 (39 of 1925), section 3.

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

4. The words "with the previous approval of the G.G. in C" were omitted by the Act 38 of 1920, sec. 2 and Sch. I.