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  "title": "Births, Deaths and Marriages Registration Act, 1886",
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  "text": "Page 1 of 13 \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE BIRTHS, DEATHS AND MARRIAGES REGISTRATION \r\nACT, 1886 \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nCHAPTER I \r\nPRELIMINARY \r\n \r\nSECTIONS \r\n \r\n1.  Short title and commencement. \r\n \r\n2.  Local extent. \r\n3.  Definitions.  \r\n4.  Saving of local laws. \r\n5.  Powers exercisable from time to time. \r\nCHAPTER II \r\nGENERAL REGISTRY OFFICES OF BIRTHS, \r\nDEATHS AND MARRIAGES \r\n \r\n6.  Establishment of general registry offices and appointment of Registrars \r\n General. \r\n \r\n7.  Indexes to be kept at general registry office. \r\n8.  Indexes to be open to inspection. \r\n9.  Copies of entries to be admissible in evidence. \r\n10.  Superintendence of Registrars by Registrar General. \r\nCHAPTER III \r\nREGISTRATION OF BIRTHS AND DEATHS \r\n \r\nA.—Application of this Chapter. \r\n \r\n\r\n \r\n \r\n \r\nPage 2 of 13 \r\n \r\n11.  Persons whose births and deaths are registerable. \r\nB.—Registration Establishment \r\n12.  Power for Provincial Government to appoint Registrars for its territories. \r\n13.  Power for Federal Government to appoint Registrars for Acceding States. \r\n14.  Registrar to be deemed a public servant. \r\n15.  [Repealed.] \r\n16.  Office and attendance of Registrar. \r\n17.  Absence of Registrar or vacancy in his office. \r\n18.  Registrar books to be supplied and preservation of records to be provided for. \r\nC.—Mode of Registration \r\n \r\n19.  Duty of Registrar to registrar births and deaths of which notice is given. \r\n20.  Persons authorised to give notice of birth. \r\n21.  Persons authorized to give notice of death. \r\n22.  Entry of birth or deaths to be signed by person giving notice. \r\n23.  Grant of certificate of registration of birth or death. \r\n24.  Duty of Registrars as to sending certified copies of entries in register books to Registrar \r\n General. \r\n25.  Searches and copies of entries in register books. \r\n26.  Exceptional provision for registration of certain births and deaths. \r\nD.—Penalty for False Information \r\n \r\n27.  Penalty for wilfully given false information. \r\n \r\nE.—Correction of Errors \r\n \r\n28.  Correction of entry in register of births or deaths. \r\n \r\nCHAPTER IV \r\nAMENDMENT Of MARRIAGE ACTS \r\n \r\n \r\n29—31. [Repealed.] \r\n \r\n \r\n \r\n \r\n \r\nPage 3 of 13 \r\n \r\nCHAPTER V \r\nSPECIAL PROVISIONS AS TO CERTAIN EXISTING REGISTERS \r\n \r\n32.  Permission to persons having custody of certain records to send them within one \r\n year to Registrar General. \r\n \r\n33.  Appointment of Commissioners to examine registers. \r\n34.  Duties of Commissioners. \r\n35.  Searches of lists prepared by Commissioners and grant of certified copies of entries. \r\n35A.  Constitution of additional Commissions for purposes of this Chapter. \r\nCHAPTER VI \r\nRULES \r\n \r\n36.  Rules. \r\n \r\n37.  [Repealed.] \r\n \r\n \r\n \r\n \r\nPage 4 of 13 \r\n \r\nTHE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886 \r\n \r\nl\r\nACT No. VI OF 1886 \r\n \r\n[8th March, 1886] \r\n \r\nAn Act to provide for the voluntary Registration of certain Births and Deaths, for the \r\nestablishment of General Registry Offices for keeping Registers of certain Births, Deaths and \r\nMarriages, and for certain other purposes \r\n \r\n WHEREAS it is expedient to provide for the voluntary registration of births and deaths \r\namong certain classes of persons, for the more effectual registration of those births and deaths and \r\nof the marriages registered under Act III of 1872 (XV of 1872), or the Christian Marriage Act, \r\n1872, (XV of 1872) and of certain marriages registered under the Parsi Marriage and Divorce Act, \r\n18652, (XV of 1865), and for the establishment of general registry offices for keeping registers of \r\nthose births, deaths and marriages; \r\n \r\n AND WHEREAS it is also expedient to provide for the authentication and custody of \r\ncertain existing registers made otherwise than in the performance of a duty specially enjoined by \r\nthe law of the country in which the registers were kept, and to declare that copies of the entries in \r\nthose registers shall be admissible in evidence;  \r\n \r\n It is hereby enacted as follows:— \r\n \r\nCHAPTER I \r\nPRELIMINARY \r\n \r\n 1. Short title and commencement.—(1) This Act may be called the Births, Deaths and \r\nMarriages Registration Act, 1886; and \r\n \r\n (2) It shall come into force on such day \r\n3\r\nas the \r\n4\r\n[Provincial Government], by notification in \r\nthe \r\n5\r\n[official Gazette], directs. \r\n \r\n 6[*  *  *  *  *  *  *] \r\n 2. Local extent. This Act extends7 to \r\n8\r\n[the whole of Pakistan] and applies also \r\n9\r\n[to \r\ncitizens of Pakistan in Acceding States]. \r\n \r\n 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, \r\n p. 103; and for Proceedings in Council, see ibid., 1885, Supplement, pp. 14 and 87, and ibid., 1886, p. 290. \r\n 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 \r\n certain modifications; and also extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date \r\n and subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. \r\n This Act has been repealed to the extent of Islamabad Capital Territory, see Ord. No. 27 of 1981, s. 4 and 3rd Sch. \r\n 2See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936). \r\n 3The 1st October, 1888, see Gazette of India, 1888, Pt. I, p. 336. \r\n 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.”. \r\n 5Subs. by A.O., 1937, for “Gazette of India”. \r\n 6Sub-section (3) rep. by the Amending Act, 1891 (12 of 1891). \r\n 7It has been declared in force in Baluchistan by the British Baluchistan Laws Regulation (2 of 1913), s. 3 and Sch. \r\n 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 \r\n the Federated Areas of Baluchistan, see Gaz. of India, 1937, Pt. I, p. 1499. \r\n 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 \r\n “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”. \r\n 9The original words “within the dominions of Princes and States  in India in alliance with Her Majesty, to British subjects in those \r\n dominions” have successively been amended by A. O.,1937, the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and \r\n 3rd Sch., and A.O., 1961, Art. 2 and Sch, (with effect from the 23rd March, 1956), to read as above. \r\n \r\n \r\n \r\nPage 5 of 13 \r\n \r\n 3. Definition. In this Act, unless there is something repugnant in the subject or context,— \r\n \r\n  “sign” includes mark, when the person making the mark is unable to write his name:  \r\n \r\n  “prescribed” means prescribed by a rule made 1* * * under this Act: and  \r\n \r\n  “Registrar of Births and Deaths” means a Registrar of Births and Deaths appointed \r\n    under this Act. \r\n \r\n 4. Saving of local laws. Nothing in this Act, or in any rule made under this Act, shall affect \r\nany law heretofore or hereafter passed providing for the registration of births and deaths within \r\nparticular local areas. \r\n \r\n 5. Powers exercisable from time to time. All powers conferred by this  Act may be \r\nexercised from time to time as occasion requires. \r\n \r\n \r\nCHAPTER II \r\nGENERAL REGISTRY OFFICES OF \r\nBIRTHS, DEATHS AND MARRIAGES \r\n \r\n 6. Establishment of g eneral registry offices and appointment of Registrars General.—\r\n(1) Each \r\n2\r\n[Provincial Government]— \r\n \r\n(a)  shall establish 3 a general registry office for keeping such cert ified copies of \r\nregisters of births and deaths registered under this Act, or marriages registered \r\nunder Act III of 1872 (XV of 1872) ( to provide a form of marriage in certain \r\ncases) or of the Christian Marriage Act, 1872, or, 4* * *, under the Parsi \r\nMarriage and Divorce Act, 18655, (XV of 1865) as may be sent to it under this \r\nAct, or under any of the three last -mentioned Acts, as amended by this Act; \r\nand \r\n(b)  may appoint\r\n6 to the charge of that office an officer, to be called the Registrar \r\nGeneral of Births, Deaths and Marriages, for the  territories under its \r\nadministration: \r\n 7[* * * * * * *] \r\n \r\n 7. Indexes to be kept at general registry office . Each Registrar General of Births, Deaths \r\nand Marriages shall cause indexes of all the certified copies of registers sent to his office under this \r\nAct, or under Act III of 1872 (XV of 1872),  the Christian Marriage Act, 1872, (XV of 1872) or the \r\nParsi Marriage and Divorce Act, 18655, (XV of 1865) as amended by this Act, to be made and kept \r\nin his office in the prescribed form. \r\n \r\n \r\n 1\r\nThe words “by the G.G. in C.” rep. by A.O., 1937. \r\n 2Subs. by A.O.,1937, for “L. G.”, \r\n 3For General Registry Offices established for different provinces, see local R. & O. \r\n 4The words “beyond the local limits of the ordinary original civil jurisdiction of the High Court of judicature at Bombay” omitted by A.O., \r\n 1949. Sch. \r\n 5See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936). \r\n \r\n6For Registrars General appointed for different provinces, see local R.&O. \r\n 7Sub-section (2) rep. by A.O., 1937. \r\n \r\n \r\n \r\nPage 6 of 13 \r\n \r\n 8. Indexes to be open to inspection. Subject to the payment of the prescribed fees, the \r\nindexes so made shall be at all reasonable times open to inspection by any person applying to \r\ninspect them, and copies of entries in the certified copies of the registers to which the indexes \r\nrelate shall be given to all persons applying for them. \r\n \r\n 9. Copies of entries to be admissible in evidence. A copy of an entry given under the last \r\nforegoing section shall be certified by the Registrar General of Births, Deaths and Marriages, or by \r\nan officer authorized 1 in this behalf by the 2[Provincial Government], and shall be admissible in \r\nevidence for the purpose of proving the birth, death or marriage to which the entry relates. \r\n \r\n 10. Superintendence of registrars by Registrar General. Each Registrar General of \r\nBirths, Deaths and Marriages shall exercise a general superintendence over the Registrars of Births \r\nand Deaths in the territories for which he is appointed. \r\n \r\n \r\nCHAPTER III \r\nREGISTRATION OF BIRTHS AND DEATHS \r\n \r\nA.—Application of this Chapter \r\n \r\n 11. Persons whose births and deaths are registerable.—(1) The persons whose births and \r\ndeaths shall, in the first instance, be registerable under this Chapter are the following namely:— \r\n \r\n(a)  in 3[the Provinces], the members of every race, sect or tribe to which the \r\nIndian Succession Act, 18654(X of 1865), applies, and in respect of which an \r\norder under section 332 of that Act is not for the time being in force, and all \r\npersons professing the Christian religion; \r\n \r\n(b)  in 5[Acceding States], 6[citizens of Pakistan] being members of a like race, \r\nsect or tribe or professing the Christian religion: \r\n \r\n (2) But the 2[Provincial Government], by notification in the official Gazette, may 7* * \r\n*extend the operation of this Chapter to any other class of persons either generally or in any local \r\narea. \r\n \r\nB.—Registration Establishment \r\n \r\n 812. Power for Provincial Government to appoint Registrars for its territories. The \r\n2[Provincial Government] may appoint, either by name or by virtue of their office, so many persons \r\nas it thinks necessary to be Registrars of Births and  Deaths for such local areas within the territories \r\nunder its administration as it may define and, if it sees fit, for any class of persons within  any part of \r\nthose territories. \r\n \r\n 1For such authorizations, see local R.& O. \r\n 2Subs. by A.O., 1937, for “L.G.”. \r\n 3The original words “British India” have successively been amended by A.O., 1949, Arts. 3 (2) and (4), the Repealing and Amending \r\n Ordinance 1961 (1 of 1961), s. 3 and 2nd Sch., and A.O., 1964, Art. 2 and Sch., to read as above. \r\n 4See now the Succession Act, 1925 (39 of 1925), s. 3. \r\n 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. \r\n by A.O., 1937, for “the dominions of Princes and States in India in alliance with Her Majesty”  \r\n 6Subs. by A.O., 1961, Art. 2 and Sch., for “British subjects” (with effect from the 23rd March, 1956). \r\n 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. \r\n 8As to Registrars appointed under this section, see different local Rules and Orders and Gen. R. & O. \r\n \r\n \r\n \r\n \r\nPage 7 of 13 \r\n \r\n 13. Power for 1[Federal Government] to appoint Registrars for Acceding States. The \r\nl[Federal Government] may, by notification in the 2[official Gazette], appoint, either by name or by \r\nvirtue of their office, so many persons as 3[it] thinks necessary to be 4Registrars of Births and \r\nDeaths for such local areas within 5[any Acceding to State] as 3[it] may define and, if 3[it] sees fit, \r\nfor any class of persons within any part of 6[those States]. \r\n \r\n 7[*  *  *  *  *  *  *] \r\n \r\n 14. Registrar to be deemed a public servant. Every Registrar of Births and Deaths shall \r\nbe deemed to be a public servant within the meaning of the Pakistan Penal Code (XLV of 1860). \r\n \r\n 15. [Power to remove Registrars.] Rep. by A.O., 1937. \r\n \r\n 16. Office and attendance of Registrar.— (1) Every Register of Births and Deaths \r\nshall have an office in the local area, or within the part of the territories or dominions, for \r\nwhich he is appointed. \r\n \r\n (2) Every Registrar of Births and Deaths to whom the \r\n8\r\n[Provincial Government] may direct \r\nthis sub-section to apply shall attend at his office for the purpose of registering births and deaths \r\non such days and at such hours as the Registrar General of Births, Deaths and Marriages may direct, \r\nand shall cause to be placed in some conspicuous place on or near the outer door of his office his \r\nname, with the addition of Registrar of Births and Deaths for the local area or class for which he \r\nis appointed, and the days and hours of his attendance. \r\n \r\n 17. Absence of Registrar or vacancy in his office.—(1) When any Registrar of Births and \r\nDeaths to whom the 8[Provincial Government] may direct this section to apply, 9* * *, is absent, or \r\nwhen his office is temporarily vacant any person whom the Registrar General of Births, Deaths and \r\nMarriages appoints in this behalf, or, in default of such appointment, the Judge of the District Court \r\nwithin the local limits of whose j urisdiction the Registrar’s office is situate, or such other officer as \r\nthe 8[Provincial Government] appoints in this behalf, shall be the Registrar of Births and Deaths \r\nduring such absence or until the 8[Provincial Government] fills the vacancy. \r\n \r\n 10[*  *  *  *  *  *  *] \r\n (3) The Registrar G eneral of Births, D eaths and M arriages sh all r eport to the \r\n8\r\n[Provincial \r\nGovernment] all appointments made by him under this section. \r\n \r\n \r\n 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.”. \r\n 2Subs. by A.O., 1937, for “Gazette of India”. \r\n 3Subs. ibid., for “he”. \r\n 4For Registrars of Births and Deaths appointed under this section for– \r\n  (1)  Baluchistan Agency Territories, see Gazette of India, 1903, Pt. I, p. 916. \r\n  (2)  Hyderabad State, see Gazette of India, 1889 and 1890, Pt. I, p. 621 and 468, respectively. \r\n 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 \r\n State in India in alliance with Her Majesty”. \r\n 6Subs. by A.O., 1937, for “those dominions”. \r\n 7The proviso which was added by the Devolution, Act, 1920 (38 of 1920), s. 2 and Sch. I, rep. by A.O., 1937. \r\n 8Subs. by A.O., 1937, for “L. G.”. \r\n 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, \r\n Sch. \r\n 10Sub-section (2) omitted, ibid. \r\n \r\n \r\n \r\nPage 8 of 13 \r\n \r\n 18. Registrar books to be supplied and preservation of records to be provided for. The \r\n1[Provincial Government] shall supply every Registrar of Births and Deaths with a sufficient number \r\nof register books of births and of register books of deaths, and shall make suitable provision for the \r\npreservation of the records connected with the registration of births and deaths. \r\n \r\nC.—Mode of Registration \r\n \r\n 19. Duty of Registrar to registrar births and deaths of which notice is given. Every \r\nRegistrar of Births and Deaths, on receipt of notice of a birth or death within the local area or \r\namong the class for which he is appointed, shall, if the notice is given within the prescribed time \r\nand in the prescribed mode by a person authorized by this Act to give the notice, forthwith \r\nmake an entry of the birth or death in the proper register book: \r\n \r\n Provided that— \r\n \r\n(a)  if he has reason to believe the notice to be in any respect false, he may refuse to \r\nregister the birth or death until he receives an order from the Judge of the \r\nDistrict Court directing him to make the entry and prescribing the manner in \r\nwhich the entry is to be made; and \r\n \r\n(b)  he shall not enter in the register the name of any person as father of an \r\nillegitimate child, unless at the request of the mother and of the person \r\nacknowledging himself to be the father of the child. \r\n \r\n 20. Persons authorised to give notice of birth. Any of the following persons give \r\nnotice of a birth, namely:— \r\n \r\n(a)  the father or mother of the child; \r\n \r\n(b)  any person present at the birth; \r\n \r\n(c)  any person occupying, at the time of the birth, any part of the house \r\nwherein the child was born and having knowledge of the child having \r\nbeen in the house; \r\n \r\n(d)  any medical practitioner in attendance after the birth and having personal \r\nknowledge of the birth having occurred; \r\n \r\n(e)  any person having charge of the child. \r\n \r\n 21. Persons authorized to give notice of death. Any of the following persons may give \r\nnotice of a death, namely:— \r\n \r\n(a)  any r elative of the d eceased having know ledge of any of t he particulars \r\nrequired to be registered concerning the death; \r\n \r\n(b)  any person present at the death; \r\n \r\n \r\n1\r\nSubs. by A.O., 1937, for “L. G.” \r\n \r\n \r\n \r\nPage 9 of 13 \r\n \r\n(c)  any person occupying, at the time of the death, any part of the house \r\nwherein the death occurred and having knowledge of the deceased having \r\ndied in the house; \r\n \r\n(d)  any person in attendance during the last illness of the deceased; \r\n \r\n(e) any person who has seen the body of the deceased after death. \r\n \r\n 22. Entry of birth or deaths to be signed by person giving notice.—(1) When an entry \r\nof a birth or death has been made by the Registrar of Births and Deaths under section l9, the person \r\ngiving notice of the birth or death must sign the entry in the register in the presence of the \r\nRegistrar: \r\n \r\n l[Provided that it shall not be necessary for the person giving notice to attend before the \r\nRegistrar or to sign the entry in the register if he has given such notice in writing and has furnished to \r\nthe satisfaction of the Registrar such evidence of his identity as may be required by any rules made by \r\nthe 2[Provincial Government] in this behalf.] \r\n (2) Until the entry has been so signed \r\n1\r\n[or the conditions specified in the proviso to sub-\r\nsection (1) have been complied with], the birth or death shall not be deemed to be registered under \r\nthis Act. \r\n \r\n (3) When the birth of an illegitimate child is registered, and the mother and the person \r\nacknowledging himself to be the father of the child jointly request that that person may be \r\nregistered as the father, the mother and that person must both sign the entry in the register in the \r\npresence of the Registrar. \r\n \r\n 23. Grant of certificate of registration of birth or death. The Registrar of Births \r\nmade at the time of registering any birth or death by the person giving notice of the birth or death, \r\nand on payment by him of the prescribed fee, give to the applicant a certificate in the prescribed \r\nform, signed by the Registrar, of having registered the birth or death. \r\n \r\n 24. Duty of Registrars as to sending certified copies of entries in register books to \r\nRegistrar General.—(1) Every Registrar of Births and Deaths in 3[Pakistan] shall send to the \r\nRegistrar General of Births, Deaths and Marriages for the territories within which the local area or \r\nclass for which he is appointed is situate or resides, at the prescribed intervals, a true copy certified \r\nby him, in the prescribed form, of all the entries of births and deaths in the register book kept by \r\nhim since the last of those intervals: \r\n \r\n Provided that in the  case of Registrars of Births and Deaths who are clergymen of the \r\nChurches of En gland, Rome and Scotland, t he Registrar may, if so dir ected by his ecclesiastical \r\nsuperior, send the certified copies in the first instance to that superior, who shall send them to the \r\nproper Registrar General of Births, Deaths and Marriages. \r\n \r\n \r\n 1Ins. by the Births, Deaths and Marriages Registration (Amdt.) Act, 1911 (9 of 1911), s. 2. \r\n 2Subs. by A.O., 1937, for “L. G.”. \r\n 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 \r\n “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3 (2) and 4, for “British India”. \r\n \r\n \r\n \r\n \r\n \r\nPage 10 of 13 \r\n \r\n In this sub-section “Church of England” and “Church of Scotland” mean the Church of \r\nEngland and the Church of Scotland as by law established respectively; and “Church of Rome” \r\nmeans the Church which regards the Pope of Rome as its spiritual head. \r\n \r\n (2) The provisions of sub-section (1) shall apply to every Registrar of Births and Deaths in \r\n1[any Acceding State] with this modification that the certified copies referred to in that sub-section \r\nshall be sent to such one of the Registrars General of Births, Deaths and Marriages as the 2[Federal \r\nGovernment], by notification3 in the 4[official Gazette], appoints in this behalf. \r\n \r\n 5[*  *  *  *  *  *  *] \r\n \r\n 25. Searches and copies of entries in register books.—(1) Every Registrar of Births and \r\nDeaths shall, on payment of the prescribed fees, at all reasonable times, al1ow searches to be, \r\nmade in the register books kept by him and give a copy of any entry in the same. \r\n \r\n (2) Every copy of an entry in a register book given under this section shall be certified by \r\nthe Registrar of Births and Deaths and shall be admissible in evidence for the purpose of proving \r\nthe birth or death to which the entry relates. \r\n \r\n 26. Exceptional provision for registration of certain births and deaths. Notwithstanding \r\nanything in section 19, the 6[Provincial Government] may make rules7 authorizing Registrars of \r\nBirths and Deaths, on conditions and in circumstances to be specified in the rules, to register births \r\nand deaths occurring outside the local areas or classes for which they are appointed. \r\n \r\nD.—Penalty for False Information \r\n \r\n 27. Penalty for wilfully given false information. If any person wilfully makes, or causes \r\nto be made for the purpose of being inserted in any register of births or deaths, any false \r\nstatement in connection with any notice of a birth or death under this Act, he shall be punished with \r\nimprisonment for a term which may extend to three years, or with fine, or with both. \r\n \r\nE.—Correction of Errors \r\n \r\n 28. Correction of ent ry in register of births or deaths .—(l) If it is pro ved to the \r\nsatisfaction of a Registrar of Births and Deaths that any entry of a birth or death in any register kept \r\nby him under this Act is erroneous in form or substance, he may, subject to such rules 8as may be \r\nmade by the 6[Provincial Government] with respect to the conditions and circumstances on and in \r\nwhich errors may be corrected, correct the error by entry in the margin, without any alteration of the \r\noriginal entry, and shall sign the marginal entry and add thereto the date of the correction. \r\n \r\n \r\n 1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), for “any Indian State” which had been subs. for “the \r\n dominions of any Prince or State in India in alliance with Her Majesty” by A.O., 1937. \r\n 2See foot-note 1 on p. 177, supra. \r\n 3For an instance of such notification, see Gazette of India, 1923, Pt. I, p. 204. \r\n 4Subs. by A.O., 1937, for “Gazette of India”. \r\n 5The proviso added by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I, rep. by A.O., 1937. \r\n 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 \r\n Registration (Amdt.) Act, 1911 (9 of 1911), s. 3. \r\n 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. \r\n 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. \r\n 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. \r\n 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. \r\n \r\n \r\n \r\nPage 11 of 13 \r\n \r\n (2) If a certified copy of the entry has already been sent to the Registrar General of Births, \r\nDeaths and Marriages, the Registrar of Births and Deaths shall make and send a separate \r\ncertified copy of the original erroneous entry and of the marginal correction therein made. \r\n \r\n \r\nCHAPTER IV \r\nAMENDMENT Of' MARRIAGE ACTS \r\n \r\n [Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Schedule] \r\n \r\nCHAPTER V \r\nSPECIAL PROVISIONS AS TO CERTAIN EXISTING REGISTERS \r\n \r\n 32. Permission to persons having custody of certain records to send them within one year \r\nto Registrar General. If any person in 1[Pakistan] or in 2[any Acceding State], has for the time being \r\nthe custody of any register or record of birth, baptism, na ming, dedication, death or burial of any \r\npersons of the classes referred to in section 11, sub-section (1), or of any register or record of marriage \r\nof any persons of the cl asses to which A ct III of 1872 or the Christi an Marriage Act, 1872(XV of \r\n1872.), or the Parsi Marriage and Divorce Act, 1865 3(XV of 1865), applies, and if su ch register or \r\nrecord has been made otherwise than in performan ce of a duty sp ecially enjoined by the law of the \r\ncountry in which the Register or record was kept, he may, 4[at any time b efore the first day of April \r\n1891], send the register or record to the offi ce of the Re gistrar Gener al of Births, Deaths and \r\nMarriages for the territories within which he resides, or, if he resides within 5[ any Acceding State], to \r\nsuch one of the Registrars General as aforesaid as the 6[Federal Government], by notification7 in the \r\n8[official Gazette], directs in this behalf: \r\n \r\n 9[*  *  *  *  *  *  *] \r\n \r\n 33. Appointment of Commissioners to examine registers .— 10[(1) Any 11[Provincial \r\nGovernment] in the case of registers or records sent under section 32 to the Registrar General for \r\nthe territori es under its administration, and the 6[Federal Government], in the case of registers or \r\nrecords so sent to any other Registrar General appointed by 12[it] under the said section, may \r\nappoint so many persons as it 13* * * thinks fit to be Commissioners for examining such registers or \r\nrecords.] \r\n \r\n 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 \r\n “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3 (2) and 4, for “British India.” \r\n 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. \r\n by A.O., 1937, for “the dominions of any Prince or State in India in alliance with Her Majesty”. \r\n 3See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936). \r\n 4Subs. for “within one year from the date on which this Act comes into force” by the Births, Deaths and Marriages Registration  Act, (1886) \r\n Amendment Act, 1890 (16 of 1890), s. I. \r\n 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 \r\n subs. by A.O., 1937, for “the dominions of any Prince or State in India in alliance with Her Majesty”. \r\n 6See foot-note 1 on p. 177, supra. \r\n 7For an instance of such notification, see Gazette of India, 1899, Pt. I, p.424. \r\n 8Subs. by A.O., 1937, for “Gazette of India.”. \r\n 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 \r\n by A.O., 1949, Sch. \r\n 10Subs. by Act 38 of 1920 s. 2 and Sch. I, for the original sub-section (1) \r\n 11Subs. by A, O., 1937, for “L. G,”. \r\n 12Subs, ibid., for “him”. \r\n 13The words “or he, as the case may be,” rep., ibid. \r\n \r\n \r\n \r\n \r\nPage 12 of 13 \r\n \r\n (2) The Commissioners so appointed shall hold office for such period as the \r\n1\r\n[authority \r\nappointing them], by the order of appointment, or any subsequent order, directs. \r\n \r\n 34. Duties of Commissioners.—(1) The Commissioners appointed under the last fore- \r\ngoing section shall enquire into the state, custody and authenticity of every such register or record \r\nas may be sent to the Registrar General of Births, Deaths and Marriages under section 32;   \r\n  and shall deliver to the Registrar General a descriptive list or descriptive lists of all such \r\nregisters or records, or portions of registers or records, as they find to be accurate and faithful. \r\n \r\n (2) The list or lists  shall contain the prescribed particulars and refer to the  registers or \r\nrecords, or to the portions of the registers or records, in the prescribed manner. \r\n \r\n (3) The Commissioners shall also certify in writing, upon some part of every separate book \r\nor volume containing any such register or record, or portion of a register or record, as is referred to \r\nin any list or lists made by the Commissioners, that it is one of the registers or records, or portions \r\nof registers or records, referred to in the said list or lists. \r\n \r\n 35. Searches of lists  prepared by Commissioners and grant of certified copies of \r\nentries.—(1) Subject to the payment of the prescribed fees, the descriptive list  or lists of \r\nregisters or r ecords, or portions of registers or r ecords, delivered by the  Commissioners to the \r\nRegistrar General of Births, Deaths and Marriages shall be, at all reasonable times, open to \r\ninspection by any person applying to insp ect it or them, and copies of entries in those registers or \r\nrecords shall be given to all persons applying for them. \r\n \r\n (2) A copy of an entry given under this section shall be certified by the Registrar General of \r\nBirths, Deaths and Marriages, or by an officer or person 2authorized in this behalf by the 3[Provincial \r\nGovernment] and s hall be  admissible in  evidence for  the purpose of proving the birth, baptism, \r\nnaming, dedication, death, burial or marriage to which the entry relates. \r\n \r\n 4[35A. Constitution of additional Commissions for purposes of this Chapter .—(1) The \r\n5[Federal Government] or the 3[Provincial Government] 6[may by notification in the official Gazette] \r\nappoint more Commissions7 than one for the purposes of section 33, each such Commission \r\nconsisting of so many and such members, and having its functions restricted to the disposal, under \r\nthis Act and the rules thereunder, of such registers and records sent under section 32 to the Registrar \r\nGeneral, as may be specified in the notification. \r\n \r\n (2) If more Commissions than one are appointed in exercise of the power conferred by sub -\r\nsection (1), then references in this Act to the Commissioners shall be construed as references to t he \r\nmembers constituting a, Commission so appointed.] \r\n \r\n \r\n 1Subs. by Act 38 of 1920, s. 2 and Sch., I, for “G. G. in C.”. \r\n 2For such authorizations, see different local Rules and Orders. \r\n 3Subs. by A.O., 1937, for “L. G.”. \r\n 4S. 35A was added by the Births, Deaths and Marriages Registration Act (1886) Amendment Act, 1890 (16 of 1890), s. 2, which was \r\n 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 \r\n 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 \r\n Act, 1934 (24 of 1934) s. 2 and Sch. I. \r\n 5See foot-note 1 on p. 177, supra. \r\n 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”. \r\n 7For Commissioners appointed under this section, see Gen. R. & O. \r\n \r\n \r\n \r\nPage 13 of 13 \r\n \r\nCHAPTER VI \r\nRULES \r\n \r\n 1[36. Rules.—2[(1) The Provincial Government, for each Province, and the 3[Federal \r\nGovernment], for 4[citizens of Pakistan] in 5[Acceding States], may make rules to carry out the \r\npurposes of this Act.] \r\n \r\n (2) In particular and without prejudice to the generality of the foregoing power, such rules \r\nmay— \r\n \r\n(a)  fix the fees payable under this Act; \r\n \r\n(b)  prescribe the forms required for the purposes of this Act; \r\n \r\n(c)  prescribe the time within which, and the mode in which, persons authorized \r\nunder this Act to give notice of a birth or death to a Registrar of Births and \r\nDeaths must give the notice; \r\n \r\n(d)  prescribe the evidence of identity to be furnished to a Registrar of Births \r\nand Deaths by persons giving notice of a birth or death in cases where \r\npersonal attendance before such Registrar is dispensed with; \r\n \r\n \r\n(e)  prescribe the registers to be kept and the form and manner in which \r\nRegistrars of Births and Deaths are to register births and deaths under this \r\nAct, and the intervals at which they are to send to the Registrar General of \r\nBirths, Deaths and Marriages true copies of the entries of births and deaths in \r\nthe registers kept by them; \r\n \r\n(f)  prescribe the conditions and circumstances on and in which Registrars of \r\nBirths and Deaths may correct entries of births and deaths in registers kept by \r\nthem; \r\n \r\n(g)  prescribe the particulars which the descriptive list or lists to be prepared by the \r\nCommissioners appointed under Chapter V are to contain, and the manner in \r\nwhich they are to refer to the registers or records, or portions of registers or \r\nrecords, to which they relate; and \r\n \r\n(h)  prescribe the custody in which those registers or records are to be kept. \r\n \r\n (3) Every power to make rules conferred by this Act is subject to the condition of the \r\nrules being made after previous publication. \r\n (4) All rules made under this Act shall be published in the \r\n6\r\n[official Gazette], and on such \r\npublication shall have effect as if enacted in this Act.] \r\n  \r\n 37. [Procedure for making and publication of rules.] Rep by the Births, Deaths and \r\nMarriages Registration Amendment Act, 1911 (IX of 1911), s. 5. \r\nDate: 05-09-2024 \r\n \r\n 1Subs. by the Births, Deaths and Marriages Registration (Amdt.) Act, 1911 (9 of 1911), s. 4, for the original section. \r\n 2Subs. by A.O., 1937, for the original sub-section. \r\n 3Subs. by F. A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n 4Subs. by A.O., 1961, Art. 2 and Sch., for “British subjects” (with effect from the 23rd March, 1956). \r\n 5Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and 3rd Sch., for “Indian States”. \r\n 6Subs. By A.O, 1937, for “local official Gazette.”",
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