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 Death s in  
Assam.
P re a m b le . Whereas 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 en acted as follows : —
short title. ! •  (1 )  This Act  m ay be  called Th e Assam 
Bir ths and Death s Reg istra tion  Act,  19 35 .
regirtrat ion 
birth s and 
deaths and 
define area.
Co mm en cem en t. ( 2 )  I t shall come into force from th e 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  insta nce 
only to the areas in Assam in which th e Bengal Ben(rol
Po we r to direct B ir th s and Deaths Regist rati on 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 Gover nment  may,  at  any time, by a 
notification publishe d in the Assa‘/ ‘  Or ne tte , direct 
th at  all bir ths  and deaths, or all births, or all 
deaths, occurr ing withi n the limits  of any  othe r 
area af te r a certain  date  to be name d in such 
notifi catio n shall be registere d, and,  for th at  
purpose, may define the limits of such oth er area.
From and afte r Bu ch  date  th is  Act shall app ly 
to th e whole of the  area so defined.
( 4 )  The Local Gov ernm ent may fur the r, at  
any time  by notificat ion published in th e Assam 
Qa z*t te, dir ect  that, the princi pal 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 egist ered 
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, occu rring upon laud in th e occupat ion of 
the  employers.
dw d’ mm S to  2. (1 ) The Ma gistrat e of th e dis trio t may, for 
m a y1*' ap p o in t P u r Po e 6 of 8U Ch reg istra tion , divid e any  such 
T e g ia tr w .. ' area into such and so inaDy circles as he msy  thi nk  
fit, and may  app oint  one or more persons to  be 
reg istrar s of birth s or of deaths, or of bi rth s and
[Prio s—Indian anna L English
 
 
 
 
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deaths, wit hin  such circle, and may, at  any  
time, for sullicient reason, dismiss any such 
reg istrar  and may fill up any vacancy  in the 
offi ce of  reg istr ar,
(2 ) The Ma gis tra te of the  dis tric t shal l also 
notify 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.
*n b h ?hran8t  o t '^ ’ ’ e  ^ a S>strate of the  dist rict  shall cause to 
re gi st ra rs . be publishe d a Iist con tain ing  the  name and place  
of of fice  of ever v reg ist rar  in the area, and  speci­
fying  the  hours of the  d»y du rin g which such 
reg istr ar shall att en d at his off ice  for th e purpose
of r egi stra tion .
E ve ry  r e g ie -  4 . Eve ry reg istrar  shall have an offi ce wi thi n 
o ff lc e °w io u n  the district, of which he is appointed  regi stra r,
die tr ic t. 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 du rin 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 off ice ,
?a«lr t” e ’i3to ^ ^h e Ma gistrat e of the dis tric t shall cause to 
h o o k s  p r e p a r e d  be prepare d a sufficient uumbei of reg ise r-book s for ma  n u m b er ed . m a j( jn g e n ,,ries  of all bir ths  or deat hs 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 prog ressiv ely 
from the  beg inni ng to the end of th e the book, and 
every en try  s hall be divided from the  following
entry by a line.
B e g ie tr & r to  Eve ry reg istrar  shall inform him self  care- 
Ml0 M d e V e ry birth , or of every  death, or of both ,
b ir th s » n d  a ccording io his a ppoin tm ent , which shall happen 
de »ti «. j n  j j8 t r j0 t ( a n d shall regi ster , as soon as con­
venie ntly may be after the  event , witho ut fee O r
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 registered .
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M d" 'd ea th srto D  Every person who may be required to 
pa dn "n ?a n o ra ’ r e Po r^ births or deaths on land in the occupation 
pioyar of labour, of  an employer of labour shall report monthly 
before the Nth of the month to the reg ist rar  all 
Bu ch births and deaths as have occurred with in
the preced ing calen dar month.
Chau kidar 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 Magistrate 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 istrar  and at  such periods as the Magistrate
may direct.
He shall obtain in writin g, if possible, and if 
it  is impossible for him to obtain in writin g, he
■ »  shall obta in verbally, from any person who is
hound to give  inform ation of the  birth  or death, 
all particulars which are required to be known 
and registered, and he shall report such partic u­
lar,, to the  registr ar.
P o rs o M  b o u n d  9. The fa th- t or  mother of every child bornto give miorm a- . . . .  , . . _  ,
tion of  bi rth , withi .  such area, or in case of the dea th, illness,
absence or inability of the  fath er and moth er, the 
midwife assisting at  the birth  of such child, shall, 
within eigh t days next after the day of every 
such birth, give  information, either personally 
or in writin g, to the  reg istrar  of th e district, or 
by means of the chau kida r or oth er village- 
watch man or othe r person as provided in the  last 
preceding section, according to the  best of his or 
her knowledge and belief, of the several partic­
ulars hereby required to be known and reg iste r­
ed, touching the  bir th oi such child.
pe no ns  b o u n d  io , fh e nearest male relati ve of the deceased to  give informa- , , .
tion  o f d ea th , present at  the death, or in attendance during 1 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 informatio n, either personally 
or in writing , to the reg istrar  of the distr 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 culars hereby required to be 
known and registered, touching th e dea th of such 
pe rson :

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Provided tha t no person shall be hound to giv e 
the name o f any female relative.
S e c ti o n s  8 , »  11. The provisions of sections 8, 9 and 10 shall
S ”p i TIOton" b ir t h s  not a Pply to births and deaths which are required 
“ p o n e dh8m dw  t°  reported under section 7 .
section  7.
P e n n it y  f o r  12. (1) An y chaukidar or other villag e-wa tch­
man or other person so appointed under section 8 
of this A ct  who, wilf ully or neg ligently, refuse s 
or omits to produce such wr itin g, if  any , or to 
report such birth or deat h, sh ill  be  punishable at 
the discretion  of the Mag istra te of the dist rict  with 
fine which may extend to two rupees.
(2) An y perso n 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 perso n sha ll be 
punishable for such refusal or neglect to give  
inform ation.
M u n ic ip a li ty  13. In any place  to which section 259 of the
Act" o tA’S  Assam Mu nici pal  Act , 19;t3, shall have been ex-  
te ep !p »' «!s* tt «r^e n ( 'e<^ ’ ^i e Municip al Bo ard er Town Comm ittee 
of birth s o r  sha ll, if  so required by the Loc al Gover nment, 
e a t  «  o r  . a r r a n g e  f o r k e 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  Com mitt ee shall, in such case, be autho ­
rised to provide ou t of th e municipal or town fund 
for the employm ent of a sufficient number of 
registr ars, and for the expenditure necessary for 
the mainten ance of such reg iste rs; and all the 
provisions of this Ac t 6hall he deeme d to app ly to 
such place as if  such place were  a distric t, and 
the Mu nici pal  Board or Town Com mitt ee shall 
exercise all the powe rs of a Mag istra te under sec­
tions 2, 3 and 6 of this Ac t.
p cc R it y  fo r re -  14. An y registrar who refuses or negle cts to 
tor tr e grisu ^“in g a gi st er  any birth or death occur ring wit hin  his 
district which he is bound to register, within a rea­
sonable tim e after  he shall have been  duly inform­
ed thereof, or demands or accepts any  fee or 
reward or other gratification as a consideration for 
ma kin g such regis try, shall be punishable, with 
fine which may extend to fifty rupees for each
such offence.

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P e n a lt y  fo r w ii - w k°eve r wilfu lly makes o p causes to ba
lo lly  gi v in g  made, for the purpose  of being  inserted in any 
tf o n ! ln orn,tt  register of birth-; or deaths, any false statem ent 
touc hin g any of  the particulars required to be  
known and registered, shall be punishable with a
fine not exce edin g fif ty  rupee s.
m a ” d c p u t e ^ - u b6 16-  aui*trate of a district may depute
o r d in a te  Mag is-an y subordinate Ma gist rat e to exercise the pow ers 
X X e  1 0 hu  and  to perform the duties vested in the Mag is- 
fu n c ti o n a . trate by t his Ac t within such district or any part
thereof.
R e p e a l.  17, The enactment, the Ben gal Birth s and
Death s Regis tratio n Ac t, 1878, is hereby repealed nro T'iw x 
in its a pplication to Assa m.
A. G. P.  (Leg-) No, 10 1- 600—3-10-1936.

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