The Assam Births and Deaths Registration Act, 1935

A S S A M A C T I I O F 1935. [Pub lished in the Assam Gazette of th e 7th August 1935.] T H E A SSA M B IR T H S A N D D E A T H S REGISTRATION ACT, 1935. An Act fo r registe ring Bi rth s an d Deaths in Assam. Preamble. W hereas it is exped ient to provide the means for a complete reg iste r of bir ths and deaths in Assam ; I t is hereby enacted as follows :— short title. ! • (1 ) This Act m ay be called The Assam Bir ths and Deaths Reg istra tion Act, 19 35 . regi rtra t ion bi rth s and deaths and define area. Commencement. ( 2 ) I t shall come into force from the first day of Janu ary 193 6. (3 ) Sub ject to th e provisions of s ub-section (4) of this section it shall extend in the first instance only to the areas in Assam in which th e Bengal Ben(rol Power to direct B ir th s and Deaths Regist ration Act, 187 3, is, ’i w t 01 before the passin g of this Act, in force bu t the to L o c a l Government may, at any time, by a notification published in the Assa‘/‘ Or ne tte , direct th at all bir ths and deaths, or all births, or all deaths, occurr ing within the limits of any other area af ter a certain date to be name d in such notifi cation shall be registere d, and, for th at purpose, may define the limits of such oth er area. From and afte r Buch date th is Act shall apply to the whole of the area so defined. (4 ) The Local Gov ernm ent may fur the r, at any time by notificat ion published in the Assam Qaz*t te, direct that, the principal local ag en ts of any employers of labour , or of any class of suoh employers in Assam, shall aft er a certain date to be named in such notific ation cause to be r egistered all births and death s or all bir ths or all death s, or all bir ths and deaths amo ng a specified class of labour, occurring upon laud in th e occupat ion of the employers. dw d’ mm S to 2. (1 ) The Ma gis trat e of th e dis trio t may, for may1*' appoint Pu r Po e 6 of 8U Ch reg istra tion , divid e any such Tegiatrw..' area into such and so inaDy circles as he msy thi nk fit, and may appoint one or more persons to be reg ist rar s of bi rth s or of deaths, or of bi rth s and [Prio s—Indian anna L Engl ish 2 deaths, wit hin such circle, and may, at any time, for sullicient reason, dismiss any such reg ist rar and may fill up any vacancy in the office of reg istr ar, (2 ) The Ma gis tra te of the dis tric t shal l also noti fy to the principal local age nts of all employers of labour who may have been directed to cause bir ths or death s occu rring on land in the ir occupation to he re istered. the desig natio n of the Re gis tra r to whom such bir ths or dea ths should be reporte d. *nbh?hra n8t ot '^ ’’e ^ a S>strate of the dist rict shall cause to registrars. be published a Iist con tain ing the name and place of office of ever v reg ist rar in the area, and speci­ fying the hours of the d»y durin g which such reg istr ar shall attend a t his office for th e purpose of r egi stra tion . Every regie- 4 . Eve ry reg ist rar shall have an office wi thi n offlce°wioun the district, of which he is appointed regi stra r, dietrict. and shall cause his name, with the add itio n of reg istr ar of births (or of deaths, or of bir ths and deaths, according to his app oin tme nt) for the dis tric t for which he is so appointed, and notic e of the hours durin g which he will atte nd for the purpose of reg istr atio n, to be affixed in some conspicuous place on or near the out er door of his office, ?a«lr t” e’i3tô ^h e Ma gis trat e of the dis tric t shall cause to hooks prepared be prepared a sufficient uumbei of reg iser-book s for ma numbered. m a j( jn g e n ,,ries of all bir ths or deaths or both, accord ing to such forms as the Local Gov ernm ent may, from time to time , sanct ion ; and the pages of such books shall be numbere d progressively from the beg inn ing to the end j and every place of en try shall be also numbere d progressiv ely from the beg inni ng to the end of th e the book, and every en try s hall be divided from the followingentry by a line. Begietr&r to Eve ry reg ist rar shall inform him self care- Ml0 Md e V e ry birth , or of every death, or of both , births »nd a ccording io his a ppoin tm ent , which shall happen de»ti«. jn j j 8 t r j0 t ( a n d shall register , as soon as con­ venie ntly may be after the event , wi tho ut fee Or reward the parti cula rs required to be regis tered , accord ing to th e forms ment ioned in the last preceding section , tou chi ng every such bir th or every such death, as the case may be, which shall not have been already regis tered . V < •>» / 3 Md"'deathsrtoD Every person who may be required to padn"n?an ora’ r e Po r ̂ births or deaths on land in the occupation pioyar of labour, of an employer of labour shall repor t monthly before the Nth of the month to the reg ist rar all Buch births and deaths as have occurred with in the preced ing calendar month. Chaukidar to 8. Every chaukidar or o ther village-watchm an ur '^nd tor t 're-’ >n a n y a r e a t o which thi s Act shall apply, or, S t0 regi9 r e ®r e ' s n o c'baukidar or othe r village watch­ man, such person as t he Magistra te of the dis tric t may appoint , shall be required to report every bir th or death occurring with in his beat to such reg ist rar and at such periods as the Magist rate may direct. He shall obtain in writing, if possible, and if it is impossible for him to obta in in writing, he ■» shall obta in verbally, from any person who is hound to give information of the bi rth or death, all part iculars which are required to be known and registered, and he shall report such partic u­ lar,, to the registr ar. PorsoM bound 9. The fa th- t or mother of every child born to give miorma- . . . . , . . _ , tion of bi rth , withi . such area, or in case of the dea th, illness, absence or inability of the f ather and mother, the midwife assi sting at the birth of such child, shall, with in eigh t days next after the day of every such bir th, give information, either personally or in wr itin g, to the reg ist rar of the dist rict , or by means of the chau kida r or other village- watchman or othe r person as provided in the last preced ing section, according to the best of his or her knowledge and belief, of the several par tic­ ulars hereby required to be known and reg iste r­ ed, touching the bir th oi such child. penons bound io , fh e neares t male relati ve of the deceased to give informa- , , . tion of death, presen t at the dea th, or in attendance during1 the last illness of any person dying within such area, or, in the absence of any such relative, the ocon- pier o! the house, or, if the occupier be the person who shall have died, some male inm ate of the house in which such death shall have happened, shall, within eig ht days next afte r the day of such death, give information, either personally or in wri ting , to the reg ist rar of the di str ict , or by means of the chaukidar o r other village-w atch­ man or othe r person as provided in section 8, according to the best of his knowledge and belief, of the several parti cula rs hereby required to be known and regis tered , touching th e dea th of such pe rson : 4Provided tha t no person shall be hound to giv e the name o f any female relative .Sections 8, » 11. The provisions of sections 8, 9 and 10 shallS”piTIOton"births not a Pply to births and deaths which are required “ ponedh8mdw t° reported under section 7.section 7.Pennity for 12. (1) An y chaukidar or other villag e-wa tch­man or other person so appointed under section 8 of this A ct who, wilf ully or neg ligently , refuses or omits to produce such writin g, if any , or to report such birth or death, sh ill be punishable at the discretion of the Mag istra te of the district with fine which may extend to two rupees.(2) An y person who refuses or neglects to giv e any information which it is his duty to giv e under section 9 or 10, shall be punishable, with fine which m ay extend to five rupees :Provid ed t hat not more than one person sha ll be punishable for such refusal or neglect to give inform ation.Municipality 13. In any place to which section 259 of theAct" otA’S Assam Mu nici pal Act , 19;t3, shall have been ex- teep!p»'«!s*tt«r ê n ( 'e<̂ ’ ^ i e Municip al Board er Town Comm ittee of b ir th s or sha ll, if so required by the Local Government, eat « or . a r r a n g e fo r ke e pjn <, a register of all births or of all deaths or of all births and deaths, occurring with in the mun icip ality . The Mun icipa l Board or Town Committee shall , in such case, be autho ­rised to provide out of th e municipal or town fund for the employment of a sufficient number of registrars, and for the expenditure necessary for the maintenance of such reg iste rs; and all the provisions of this Ac t 6hall he deemed to app ly to such place as if such place were a distric t, and the Mu nici pal Board or Town Com mittee shall exercise all the powers of a Mag istra te under sec­tions 2, 3 and 6 of this Ac t.pccRity for re- 14. An y registrar who refuses or negle cts to tortregrisû “ in g a gi st er any birth or death occurring wit hin his district which he is bound to register, within a rea­sonable time after he shall have been duly inform­ed thereof, or demands or accepts any fee or reward or other gratif ication as a consideration for ma kin g such regis try, shall be punishable, with fine which may extend to fifty rupees for eachsuch offence. 6Penalty for wii- w k°eve r wilfu lly makes op causes to balolly giving made, for the purpose of being inserted in any tfon! ln orn,tt register of birth-; or deaths, any false statement touc hing any of the particulars required to be known and registered, shall be punishable with afine not exce edin g fif ty rupees.ma” dcputê -ub6 16- aui*trate of a district may deputeordinate Magis-any subordinate Magist rate to exercise the powers X X e 10 hu and to perform the duties vested in the Mag is- functiona. trate by this Ac t within such district or any partthereof.Repeal. 17, The enactment, the Ben gal Birth s andDeaths Regis tratio n Ac t, 1878, is hereby repealed nroT'iwx in its a pplication to Assa m. A. G. P. (Leg-) No, 101- 600—3-10-1936. scan0001 scan0002 scan0003 scan0004 scan0005