The Assam Births and Deaths Registration Act, 1935 (Single Document)

ASSAM ACT II OF 1935. 
THE ASSAM BIRTHS AND DEATHS REGISTRATION ACT, 
1935. 
An 
Act  
 
 
Preamble. 
 for registering Births and Deaths in Assam.  
      WHEREAS it is expedient to provide the means for a 
complete register of births and deaths in ASSAM ; 
       It is hereby enacted as follows:- 
 
 
Short title.  
 
 
Commencement. 
 
 
 
Extent. 
 
 
Power to direct 
registration of 
births and 
deaths he and to 
define area. 
1.  
 
(1)  This Act may be called The Assam Births and Deaths 
Registration Act, 1935.  
 
(2) It shall come into force from the first day of January 
1936.  
 
(3) Subject to the provisions of sub-section (4) of this section 
it shall extend in the first instance only to the areas in 
Assam in which the Bengal Births and Deaths 
Registration Act, 1873, is, before the passing of this Act, 
in force but the Local Government may, at any time, by a 
notification published in the Assam Gazette , direct that 
all births and deaths, or all births, or all deaths, occurring 
within the limits of any other area after a certain date to 
be named in such notification shall be registered, and, for 
that purpose, may define the limits of such other area.  
 
    From and after such date this Act shall apply to the 
whole of the area so defined.  
 
(4) The Local Government may further, at any time by 
notification published in the Assam Gazette , direct that 
the principal local agents of any employers of labour, or 
of any class of such employers in Assam, shall after a 
certain date to be named in such notification cause to be 
registered all births and deaths or all births or all deaths, 
or all births and deaths among a specified class of labour, 
occurring upon land in the occupation of the employers.  
 
 
 
 
 
 
 
 
Bengal Act 
IV of 1873. 
Magistrate may 
divide  area into 
circles and may 
appoint 
registrars. 
2.  
 
(1)  The 
1[District Magistrate] may, for the purpose of such 
registration, divide any such area into such and so many 
circles as he may think fit, and may appoint one or more 
persons to be registrars of births or of deaths, or of births 
and deaths, within such circle, and may, at any time, for 
sufficient reason, dismiss any such registrar and may fill 
up any vacancy in the office of registrar.  
 
 
 
1. Subs. by Assam Act No. V of 1936. 
2 
 
(2) The 1[District Magistrate] shall also notify to the principal 
local agents of all employers of labour who may have 
been directed to cause births or deaths occurring on land 
in their occupation to be registered the designation of the 
Registrar to whom such births or deaths should be 
reported.  
 
Magistrate to 
publish list of 
registrars. 
3.  
 
The 
2[District Magistrate] shall cause to be published a list 
containing the name and place of office of every registrar in 
the area, and specifying the hours of the day during which 
such registrar shall attend at his office for the purpose of 
registration. 
 
 
Every registrar 
to have an office 
within his 
district. 
4.  
 
Every registrar shall have an office within the 
3[circle] of 
which he is appointed registrar, and shall cause his name, with 
the addition of registrar of births (or of deaths, or of births and 
deaths, according to his appointment) for the 4[circle] for 
which he is so appointed, and notice of the hours during 
which he will attend for the purpose of registration, to be 
affixed in some conspicuous place on or near the outer door of 
his office. 
 
 
Magistrate to 
have register 
books prepared 
and numbered. 
5.  
 
The 
5[District Magistrate] shall cause to be prepared a 
sufficient number of register-books for making entries of all 
births or deaths or both, according to such forms as the Local 
Government may, from time to time sanction ; and the pages 
of such books shall be numbered progressively from the 
beginning to the end ; and every place of entry shall be also 
numbered progressively from the beginning to the end of the 
the book, and every entry shall be divided from the following 
entry by a line. 
 
 
Registrar to 
inform himself 
of and register 
births and 
deaths. 
6.  
 
Every registrar shall inform himself carefully of every birth, 
or of every death, or of both, according to his appointment, 
which shall happen in his 
6[circle], and shall register, as soon 
as conveniently may be after the event, without fee or reward 
the particulars required to be registered, according to the 
forms mentioned in the last preceding section, touching every 
such birth or every such death, as the case may be, which 
shall not have already registered. 
 
 
 
 
 
 
 
1. Subs. by Assam Act No. V of 1936. 
2. Subs. by Assam Act No. V of 1936. 
3. Subs. by Assam Act No. V of 1936. 
4. Subs. by Assam Act No. V of 1936. 
5. Subs. by Assam Act No. V of 1936. 
6. Subs. by Assam Act No. V of 1936. 
 
3 
 
Report of births 
and deaths on 
land in the 
occupation of an 
employer of 
labour. 
7.  
 
Every person who may be required to report births or deaths 
on deaths on land in the occupation of an employer of labour 
shall report monthly before the 8th of the month to the 
registrar all such births and deaths as have occurred within the 
preceding calendar month. 
 
 
Chaukidar to 
obtain 
particulars and 
to report to 
registrar. 
8.  
 
Every chaukidar or other village watchman in any area to 
which this Act shall apply, or, where there is no chaukidar or 
other village watchman, such person as the 
1[District 
Magistrate] may appoint, shall be required to report every 
birth or death occurring within his beat to such registrar and at 
such periods as the 2[District Magistrate] may direct. 
          He shall obtain in writing, if possible, and if it is 
impossible for him to obtain in writing, he shall obtain 
verbally, from any person who is bound to give information of 
the birth or death, all particulars which are required to be 
known and registered and he shall report such particulars to 
the registrar. 
 
 
Persons bound 
to give 
information of 
birth. 
9.  
 
The father or mother of every child born within such area, or 
in case of the death, illness, absence or inability of the father 
and mother, the midwife assisting at the birth of such child, 
shall, within eight days next after the day of every such birth, 
give information, either personally or in writing, to the 
registrar of the 
3[circle], or by means of the chaukidar or other 
village watchman or other person as provided in the last 
preceding section, according to the best of his or her 
knowledge and belief, of the several particulars hereby 
required to be known and registered, touching the birth of 
such child. 
 
 
Persons bound 
to give 
information of 
death. 
10.  
 
The nearest male relative of the deceased present at the death, 
or in attendance during the last illness of any person dying 
within such area, or, in the absence of any such relative, the 
occupier of the house, or, if the occupier be the person who 
shall have died, some male inmate of the house in which such 
death shall have happened, shall, within eight days next after 
the day of such death, give information, either personally or in 
writing, to the registrar of the 
4[circle], or by means of the 
chaukidar or other village-watchman or other person as 
provided in section 8 according to the best of his knowledge 
and belief, of the several particulars hereby required to be 
known and registered, touching the death of such person :  
        
 
 
 
 
1. Subs. by Assam Act No. V of 1936. 
2. Subs. by Assam Act No. V of 1936. 
3. Subs. by Assam Act No. V of 1936. 
4. Subs. by Assam Act No. V of 1936.  
4 
 
        Provided that no person shall be bound to give the name 
of any female relative. 
 
Section 8, 9 and 
10 not to apply 
to births and 
deaths to be 
reported under 
section 7. 
11.  
 
The provisions of sections 8, 9 and 10 shall not apply to births 
and deaths which are required to be reported under section 7. 
 
 
 
 
Penalty for 
neglect. 
12.  
 
(1)  Any chaukidar or other village-watchman or other person 
so appointed under section 8 of this Act who, wilfully or 
negligently, refuses or omits to produce such writing, if 
any, or to report such birth or death, shall be punishable at 
the discretion of the 
1[District Magistrate] with fine which 
may extend to two rupees.  
 
(2) Any person who refuses or neglects to give any 
information which it is his duty to give under section 9 or 
10, shall be punishable, with fine which may extend to 
five rupees :  
 
           Provided that not more than one person shall be 
punishable for such refusal or neglect to give information. 
 
 
Municipality 
under Assam 
Act 1 of 1923 
may arrange for 
keeping register 
of births or 
deaths or both. 
13.  
 
In any place to which section 259 of the Assam Municipal 
Act, 1923, shall have been extended, the Municipal Board or 
Town committee shall, if so required by the Local 
Government, arrange for keeping a register of all births or of 
all deaths or of all births and deaths, occurring within the 
Municipality. The Municipal Board or Town Committee shall, 
in such case, be authorised to provide out of the Municipal or 
town fund for the employment of a sufficient number of 
registrars, and for the expenditure necessary for the 
maintenance of such registers; and all the provisions of this 
Act shall be deemed to apply to such place 
2[***] and the 
Municipal Board or Town Committee shall exercise all the 
powers of a 3[District Magistrate] under sections 2, 3 and 5 of 
this Act. 
 
 
 
 
 
 
 
 
 
 
 
 
1. Subs. by Assam Act No. V of 1936. 
2. Omitted by Assam Act No. V of 1936. 
3. Subs. by Assam Act No. V of 1936. 
 
5 
 
Penalty for 
registrar 
refusing to 
register. 
14.  
 
Any registrar who refuses or neglects to register any birth or 
death occurring within his 
1[circle] 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 gratification as a consideration for making such registry, 
shall be punishable, with fine which may extend to fifty 
rupees for each such offence. 
 
 
Penalty for 
wilfully giving 
false 
information. 
15.  
 
Whoever wilfully makes or causes to be made, for the purpose 
of being inserted in any register of births or deaths, any false 
statement touching any of the particulars required to be 
known and registered, shall be punishable with a fine not 
exceeding fifty rupees. 
 
 
The Magistrate 
may depute 
subordinate 
Magistrate to 
discharge his 
functions. 
16.  
 
2[The District Magistrate may depute any subordinate 
Magistrate, to exercise the powers and to perform the duties 
vested in him by this Act within the district or any part 
thereof.] 
 
 
 
Repeal. 17.  
 
The enactment, the Bengal Births and Deaths Registration 
Act, 1873, is hereby repealed in its application to Assam. 
 
Bengal Act 
IV of 1873. 
 
 
 
1. Subs. by Assam Act No. V of 1936. 
2. Subs. by Assam Act No. V of 1936. 
 

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