Births, Deaths and Marriages Registration Act, 1886

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THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION 
ACT, 1886 
 
 
 
CONTENTS 
 
CHAPTER I 
PRELIMINARY 
 
SECTIONS 
 
1.  Short title and commencement. 
 
2.  Local extent. 
3.  Definitions.  
4.  Saving of local laws. 
5.  Powers exercisable from time to time. 
CHAPTER II 
GENERAL REGISTRY OFFICES OF BIRTHS, 
DEATHS AND MARRIAGES 
 
6.  Establishment of general registry offices and appointment of Registrars 
 General. 
 
7.  Indexes to be kept at general registry office. 
8.  Indexes to be open to inspection. 
9.  Copies of entries to be admissible in evidence. 
10.  Superintendence of Registrars by Registrar General. 
CHAPTER III 
REGISTRATION OF BIRTHS AND DEATHS 
 
A.—Application of this Chapter. 
 

 
 
 
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11.  Persons whose births and deaths are registerable. 
B.—Registration Establishment 
12.  Power for Provincial Government to appoint Registrars for its territories. 
13.  Power for Federal Government to appoint Registrars for Acceding States. 
14.  Registrar to be deemed a public servant. 
15.  [Repealed.] 
16.  Office and attendance of Registrar. 
17.  Absence of Registrar or vacancy in his office. 
18.  Registrar books to be supplied and preservation of records to be provided for. 
C.—Mode of Registration 
 
19.  Duty of Registrar to registrar births and deaths of which notice is given. 
20.  Persons authorised to give notice of birth. 
21.  Persons authorized to give notice of death. 
22.  Entry of birth or deaths to be signed by person giving notice. 
23.  Grant of certificate of registration of birth or death. 
24.  Duty of Registrars as to sending certified copies of entries in register books to Registrar 
 General. 
25.  Searches and copies of entries in register books. 
26.  Exceptional provision for registration of certain births and deaths. 
D.—Penalty for False Information 
 
27.  Penalty for wilfully given false information. 
 
E.—Correction of Errors 
 
28.  Correction of entry in register of births or deaths. 
 
CHAPTER IV 
AMENDMENT Of MARRIAGE ACTS 
 
 
29—31. [Repealed.] 
 
 
 
 
 
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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. 
 
33.  Appointment of Commissioners to examine registers. 
34.  Duties of Commissioners. 
35.  Searches of lists prepared by Commissioners and grant of certified copies of entries. 
35A.  Constitution of additional Commissions for purposes of this Chapter. 
CHAPTER VI 
RULES 
 
36.  Rules. 
 
37.  [Repealed.] 
 
 
 
 
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THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886 
 
l
ACT No. VI OF 1886 
 
[8th March, 1886] 
 
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 1872 (XV of 1872), or the Christian Marriage Act, 
1872, (XV of 1872) and of certain marriages registered under the Parsi Marriage and Divorce Act, 
18652, (XV of 1865), 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:— 
 
CHAPTER I 
PRELIMINARY 
 
 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 
3
as the 
4
[Provincial Government], by notification in 
the 
5
[official Gazette], directs. 
 
 6[*  *  *  *  *  *  *] 
 2. Local extent. This Act extends7 to 
8
[the whole of Pakistan] and applies also 
9
[to 
citizens of Pakistan in Acceding States]. 
 
 1For Statement of Objects and Reasons, see “Gazette of India, 1885, Pt. V, p.12; for Report of the Select Committee, see ibid., 1886, Pt. IV, 
 p. 103; and for Proceedings in Council, see ibid., 1885, Supplement, pp. 14 and 87, and ibid., 1886, p. 290. 
 This Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to 
 certain modifications; and also extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date 
 and subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. 
 This Act has been repealed to the extent of Islamabad Capital Territory, see Ord. No. 27 of 1981, s. 4 and 3rd Sch. 
 2See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936). 
 3The 1st October, 1888, see Gazette of India, 1888, Pt. I, p. 336. 
 4Subs. by F.A.O., 1975, Art. 2 and Sch., for “Central Government”, which was subs. by A.O.,1937, for “G. G. in C.”. 
 5Subs. by A.O., 1937, for “Gazette of India”. 
 6Sub-section (3) rep. by the Amending Act, 1891 (12 of 1891). 
 7It has been declared in force in Baluchistan by the British Baluchistan Laws Regulation (2 of 1913), s. 3 and Sch. 
 It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in 
 the Federated Areas of Baluchistan, see Gaz. of India, 1937, Pt. I, p. 1499. 
 8Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955) for 
 “all the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “the whole of British India”. 
 9The original words “within the dominions of Princes and States  in India in alliance with Her Majesty, to British subjects in those 
 dominions” have successively been amended by A. O.,1937, the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and 
 3rd Sch., and A.O., 1961, Art. 2 and Sch, (with effect from the 23rd March, 1956), to read as above. 
 
 
 
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 3. Definition. 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 1* * * 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. Powers exercisable from time to time. All powers conferred by this  Act may be 
exercised from time to time as occasion requires. 
 
 
CHAPTER II 
GENERAL REGISTRY OFFICES OF 
BIRTHS, DEATHS AND MARRIAGES 
 
 6. Establishment of g eneral registry offices and appointment of Registrars General.—
(1) Each 
2
[Provincial Government]— 
 
(a)  shall establish 3 a general registry office for keeping such cert ified copies of 
registers of births and deaths registered under this Act, or marriages registered 
under Act III of 1872 (XV of 1872) ( to provide a form of marriage in certain 
cases) or of the Christian Marriage Act, 1872, or, 4* * *, under the Parsi 
Marriage and Divorce Act, 18655, (XV of 1865) 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
6 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: 
 7[* * * * * * *] 
 
 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 (XV of 1872),  the Christian Marriage Act, 1872, (XV of 1872) or the 
Parsi Marriage and Divorce Act, 18655, (XV of 1865) as amended by this Act, to be made and kept 
in his office in the prescribed form. 
 
 
 1
The words “by the G.G. in C.” rep. by A.O., 1937. 
 2Subs. by A.O.,1937, for “L. G.”, 
 3For General Registry Offices established for different provinces, see local R. & O. 
 4The words “beyond the local limits of the ordinary original civil jurisdiction of the High Court of judicature at Bombay” omitted by A.O., 
 1949. Sch. 
 5See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936). 
 
6For Registrars General appointed for different provinces, see local R.&O. 
 7Sub-section (2) rep. by A.O., 1937. 
 
 
 
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 8. Indexes to be open to inspection. Subject to the payment of the prescribed fees, the 
indexes so made shall be at all reasonable times 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 1 in this behalf by the 2[Provincial 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. 
 
 
CHAPTER III 
REGISTRATION OF BIRTHS AND DEATHS 
 
A.—Application of this Chapter 
 
 11. Persons whose births and deaths are registerable.—(1) The persons whose births and 
deaths shall, in the first instance, be registerable under this Chapter are the following namely:— 
 
(a)  in 3[the Provinces], the members of every race, sect or tribe to which the 
Indian Succession Act, 18654(X of 1865), 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; 
 
(b)  in 5[Acceding States], 6[citizens of Pakistan] being members of a like race, 
sect or tribe or professing the Christian religion: 
 
 (2) But the 2[Provincial Government], by notification in the official Gazette, may 7* * 
*extend the operation of this Chapter to any other class of persons either generally or in any local 
area. 
 
B.—Registration Establishment 
 
 812. Power for Provincial Government to appoint Registrars for its territories. The 
2[Provincial 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. 
 
 1For such authorizations, see local R.& O. 
 2Subs. by A.O., 1937, for “L.G.”. 
 3The original words “British India” have successively been amended by A.O., 1949, Arts. 3 (2) and (4), the Repealing and Amending 
 Ordinance 1961 (1 of 1961), s. 3 and 2nd Sch., and A.O., 1964, Art. 2 and Sch., to read as above. 
 4See now the Succession Act, 1925 (39 of 1925), s. 3. 
 5Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and 3rd Sch., for “Indian States” which had been subs. 
 by A.O., 1937, for “the dominions of Princes and States in India in alliance with Her Majesty”  
 6Subs. by A.O., 1961, Art. 2 and Sch., for “British subjects” (with effect from the 23rd March, 1956). 
 7The words “with the previous approval of the G. G. in C.” were omitted by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I. 
 8As to Registrars appointed under this section, see different local Rules and Orders and Gen. R. & O. 
 
 
 
 
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 13. Power for 1[Federal Government] to appoint Registrars for Acceding States. The 
l[Federal Government] may, by notification in the 2[official Gazette], appoint, either by name or by 
virtue of their office, so many persons as 3[it] thinks necessary to be 4Registrars of Births and 
Deaths for such local areas within 5[any Acceding to State] as 3[it] may define and, if 3[it] sees fit, 
for any class of persons within any part of 6[those States]. 
 
 7[*  *  *  *  *  *  *] 
 
 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 Pakistan Penal Code (XLV of 1860). 
 
 15. [Power to remove Registrars.] Rep. by A.O., 1937. 
 
 16. Office and attendance of Registrar.— (1) Every Register 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 
8
[Provincial 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 8[Provincial Government] may direct this section to apply, 9* * *, 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 j urisdiction the Registrar’s office is situate, or such other officer as 
the 8[Provincial Government] appoints in this behalf, shall be the Registrar of Births and Deaths 
during such absence or until the 8[Provincial Government] fills the vacancy. 
 
 10[*  *  *  *  *  *  *] 
 (3) The Registrar G eneral of Births, D eaths and M arriages sh all r eport to the 
8
[Provincial 
Government] all appointments made by him under this section. 
 
 
 1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”, which was previously subs. by A.O., 1937, for “G. G. in C.”. 
 2Subs. by A.O., 1937, for “Gazette of India”. 
 3Subs. ibid., for “he”. 
 4For Registrars of Births and Deaths appointed under this section for– 
  (1)  Baluchistan Agency Territories, see Gazette of India, 1903, Pt. I, p. 916. 
  (2)  Hyderabad State, see Gazette of India, 1889 and 1890, Pt. I, p. 621 and 468, respectively. 
 5Subs. by Act 26 of 1951, s. 4 and 3rd Sch., for “any Indian State” which had been subs. by A.O., 1937, for “the dominions of any Prince or 
 State in India in alliance with Her Majesty”. 
 6Subs. by A.O., 1937, for “those dominions”. 
 7The proviso which was added by the Devolution, Act, 1920 (38 of 1920), s. 2 and Sch. I, rep. by A.O., 1937. 
 8Subs. by A.O., 1937, for “L. G.”. 
 9The words “not being a Registrar of Births and Deaths for a local area in the town of Calcutta, Madras or Bombay” omitted by A.O., 1949, 
 Sch. 
 10Sub-section (2) omitted, ibid. 
 
 
 
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 18. Registrar books to be supplied and preservation of records to be provided for. The 
1[Provincial Government] shall supply 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. 
 
C.—Mode of Registration 
 
 19. Duty of Registrar to registrar births and deaths of which notice is given. Every 
Registrar of Births and Deaths, on receipt 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 authorised to give notice of birth. Any of the following persons 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 in the house; 
 
(d)  any medical practitioner in attendance after the birth and having personal 
knowledge of the birth having 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 r elative of the d eceased having know ledge of any of t he particulars 
required to be registered concerning the death; 
 
(b)  any person present at the death; 
 
 
1
Subs. by A.O., 1937, for “L. G.” 
 
 
 
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(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 deaths 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 l9, the person 
giving notice of the birth or death must sign the entry in the register in the presence of the 
Registrar: 
 
 l[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 2[Provincial 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 that person may be 
registered as the father, the mother and that person must both sign 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 
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 Births and Deaths in 3[Pakistan] shall send to the 
Registrar General of Births, 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 of Registrars of Births and Deaths who are clergymen of the 
Churches of En gland, Rome and Scotland, t he Registrar may, if so dir ected 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. 
 
 
 1Ins. by the Births, Deaths and Marriages Registration (Amdt.) Act, 1911 (9 of 1911), s. 2. 
 2Subs. by A.O., 1937, for “L. G.”. 
 3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960),s. 3 and 2nd Sch. (with effect from the 14th October, 1955) for 
 “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3 (2) and 4, for “British India”. 
 
 
 
 
 
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 In this sub-section “Church of England” and “Church of Scotland” mean 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. 
 
 (2) The provisions of sub-section (1) shall apply to every Registrar of Births and Deaths in 
1[any Acceding State] with this modification that the certified copies referred to in that sub-section 
shall be sent to such one of the Registrars General of Births, Deaths and Marriages as the 2[Federal 
Government], by notification3 in the 4[official Gazette], appoints in this behalf. 
 
 5[*  *  *  *  *  *  *] 
 
 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, al1ow 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 6[Provincial Government] may make rules7 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. 
 
D.—Penalty for False Information 
 
 27. Penalty for wilfully given 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. 
 
E.—Correction of Errors 
 
 28. Correction of ent ry in register of births or deaths .—(l) If it is pro ved 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 rules 8as may be 
made by the 6[Provincial 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. 
 
 
 1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), for “any Indian State” which had been subs. for “the 
 dominions of any Prince or State in India in alliance with Her Majesty” by A.O., 1937. 
 2See foot-note 1 on p. 177, supra. 
 3For an instance of such notification, see Gazette of India, 1923, Pt. I, p. 204. 
 4Subs. by A.O., 1937, for “Gazette of India”. 
 5The proviso added by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I, rep. by A.O., 1937. 
 6Subs. by A.O., 1937, for the words “L. G.”, which had been subs. for the words “G. G. in C.” by the Births, Deaths and Marriages 
 Registration (Amdt.) Act, 1911 (9 of 1911), s. 3. 
 7For rules made under s. 26 conjointly with ss. 28 and 36, see Gen. R. & O., 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 Provincial Government, see. s. 6 of Act 9 of 1911. 
 8For rules made under s. 26 conjointly with ss. 28 and 36, see Gen. R. & O., 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 Provincial Government, see s.6 of Act 9 of 1911. 
 
 
 
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 (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 
 
 [Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Schedule] 
 
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 1[Pakistan] or in 2[any Acceding State], has for the time being 
the custody of any register or record of birth, baptism, na ming, 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 cl asses to which A ct III of 1872 or the Christi an Marriage Act, 1872(XV of 
1872.), or the Parsi Marriage and Divorce Act, 1865 3(XV of 1865), applies, and if su ch register or 
record has been made otherwise than in performan ce of a duty sp ecially enjoined by the law of the 
country in which the Register or record was kept, he may, 4[at any time b efore the first day of April 
1891], send the register or record to the offi ce of the Re gistrar Gener al of Births, Deaths and 
Marriages for the territories within which he resides, or, if he resides within 5[ any Acceding State], to 
such one of the Registrars General as aforesaid as the 6[Federal Government], by notification7 in the 
8[official Gazette], directs in this behalf: 
 
 9[*  *  *  *  *  *  *] 
 
 33. Appointment of Commissioners to examine registers .— 10[(1) Any 11[Provincial 
Government] in the case of registers or records sent under section 32 to the Registrar General for 
the territori es under its administration, and the 6[Federal Government], in the case of registers or 
records so sent to any other Registrar General appointed by 12[it] under the said section, may 
appoint so many persons as it 13* * * thinks fit to be Commissioners for examining such registers or 
records.] 
 
 1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for 
 “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3 (2) and 4, for “British India.” 
 2Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and 3rd Sch. for “any Indian State” which had been subs. 
 by A.O., 1937, for “the dominions of any Prince or State in India in alliance with Her Majesty”. 
 3See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936). 
 4Subs. for “within one year from the date on which this Act comes into force” by the Births, Deaths and Marriages Registration  Act, (1886) 
 Amendment Act, 1890 (16 of 1890), s. I. 
 5Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and 3rd Sch., for “any Indian State” which had been 
 subs. by A.O., 1937, for “the dominions of any Prince or State in India in alliance with Her Majesty”. 
 6See foot-note 1 on p. 177, supra. 
 7For an instance of such notification, see Gazette of India, 1899, Pt. I, p.424. 
 8Subs. by A.O., 1937, for “Gazette of India.”. 
 9Proviso which was inserted by the Devolution Act, 1920 (38 of 1920), s. 2, and Sch . I, and subsequently amended by A.O., 1937, omitted 
 by A.O., 1949, Sch. 
 10Subs. by Act 38 of 1920 s. 2 and Sch. I, for the original sub-section (1) 
 11Subs. by A, O., 1937, for “L. G,”. 
 12Subs, ibid., for “him”. 
 13The words “or he, as the case may be,” rep., ibid. 
 
 
 
 
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 (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 fore- 
going 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 r ecords, or portions of registers or r ecords, 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 insp ect 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 2authorized in this behalf by the 3[Provincial 
Government] and s hall be  admissible in  evidence for  the purpose of proving the birth, baptism, 
naming, dedication, death, burial or marriage to which the entry relates. 
 
 4[35A. Constitution of additional Commissions for purposes of this Chapter .—(1) The 
5[Federal Government] or the 3[Provincial Government] 6[may by notification in the official Gazette] 
appoint more Commissions7 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 t he 
members constituting a, Commission so appointed.] 
 
 
 1Subs. by Act 38 of 1920, s. 2 and Sch., I, for “G. G. in C.”. 
 2For such authorizations, see different local Rules and Orders. 
 3Subs. by A.O., 1937, for “L. G.”. 
 4S. 35A was added by the Births, Deaths 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 Sch. II. The present sub-section (1) was subs for the original sub-section by Act 
 38 of 1920, s. 2 and Sch. 1 and sub-section (2), which is the same as the original sub-section (2), was ins. by the Repealing and Amending 
 Act, 1934 (24 of 1934) s. 2 and Sch. I. 
 5See foot-note 1 on p. 177, supra. 
 6Subs. by 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”. 
 7For Commissioners appointed under this section, see Gen. R. & O. 
 
 
 
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CHAPTER VI 
RULES 
 
 1[36. Rules.—2[(1) The Provincial Government, for each Province, and the 3[Federal 
Government], for 4[citizens of Pakistan] in 5[Acceding States], may make rules to carry out the 
purposes 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 Births 
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 Registrars 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 
Commissioners 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 relate; and 
 
(h)  prescribe the custody in which those registers or records are to be 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 
6
[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 (IX of 1911), s. 5. 
Date: 05-09-2024 
 
 1Subs. by the Births, Deaths and Marriages Registration (Amdt.) Act, 1911 (9 of 1911), s. 4, for the original section. 
 2Subs. by A.O., 1937, for the original sub-section. 
 3Subs. by F. A.O., 1975, Art. 2 and Table, for “Central Government”. 
 4Subs. by A.O., 1961, Art. 2 and Sch., for “British subjects” (with effect from the 23rd March, 1956). 
 5Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and 3rd Sch., for “Indian States”. 
 6Subs. By A.O, 1937, for “local official Gazette.”