LexThe REGISTRATION OF BIRTHS AND DEATHS ACT, 1969
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THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions and interpretation.
CHAPTER II
REGISTRATION ESTABLISHMENT
3. Registrar-General, India.
4. Chief Registrar.
5. Registration divisions.
6. District Registrar.
7. Registrars.
CHAPTER III
REGISTRATION OF BIRTHS AND DEATHS
8. Persons required to register births and deaths.
9. Special provisions regarding births and deaths in a plantation.
10. Duty of certain persons to notify births and deaths and to certify cause of death.
11. Informant to sign the register.
12. Extracts of registration entries to be given to informant.
13. Delayed registration of births and deaths.
14. Registration of name of child.
15. Correction or cancellation of entry in the register of births and deaths.
CHAPTER IV
MAINTENANCE OF RECORDS AND STATISTICS
16. Registrars to keep registers in the prescribed form.
17. Search of births and deaths register
18. Inspection of registration offices.
19. Registrars to send periodical returns to the Chief Registrar for compilation.
CHAPTER V
MISCELLANEOUS
20. Special provision as to registration of births and deaths of citizens outside India.
21. Power of Registrar to obtain information regarding birth or death.
22. Powers to give directions.
23. Penalties.
24. Power to compound offences.
25. Sanction for prosecution.
26. Registrars and Sub-Registrars to be deemed public servants.
27. Delegation of powers.
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SECTIONS
28. Protection of action taken in good faith.
29. Act not to be in derogation of Act 6 of 1886.
30. Power to make rules.
31. Repeal and saving.
32. Power to remove difficulty.
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THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969
ACT NO. 18 OF 1969
[31st May, 1969.]
An Act to provide for the regulation of registration of births and deaths and for matters
connected therewith.
BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .—(1) This Act may be called the Registration of Births
and Deaths Act, 1969.
(2) It extends to the whole of India.
(3) It shall come into force in a State on such date1 as the Central Government may, by notification in
the Official Gazette, appoint:
1. 1st October, 1970, vide notification No. G.S.R. 1718, dated 22nd, November, Gazette of India, Extraordinary, Part II, sec. 3(i)
in the following areas of the State of Jammu and Kashmir:—
the area comprised within the jurisdiction of the Police Station of Ramnagar in Udhampur district.
the area comprised within the jurisdiction of the Police Station of Kupwara in Baramulla district.
the area comprised within the limits of the Municipalities of Jammu and Srinagar.
the area comprised within the limits of Town Area Committees of Anantnag, Kathua and Leh.
1st May, 1974 vide notification No. G.S.R. 379, dated 22-3-1974 in the Union territory of Mizoram.
1st January, 1971 vide notification No G.S.R. 1927, dated 21-11-1970, see Gazette of India, Extraordinary, Part II, sec. 3( i) in
the Union territory of Goa, Daman and Diu.
1st January, 1971 vide notification No. G.S.R. 2027, dated 24 -11-1970, see Gazette of India, Part II, sec. 3( i) in the Unio n
territory of Manipur.
1st April, 1974, vide notification No. G.S.R. 106, dated 16-1-1971, see Gazette of India, Part II, sec. 3(i) in the Union territory
of Andaman and Nicobar Islands.
1st October, 1971, in the whole of the State of Nagaland vide notification No. G.S.R. 1324, dated 30 -8-1971, see Gazette of
India, Part II, sec. 3(i), dated 11-9-1971.
1st July, 1972, in the Union territory of Arunachal Pradesh vide notification No. G.S.R. 552, dated 11 -4-1972, see Gazette of
India, Part II, sec. 3(i).
1st April, 1972, in the whole of State of Tripura vide notification No. G.S.R. 202(E), dated 17 -3-1972, see Gazette of India,
Extraordinary, Part II, sec. 3(i).
1st December, 1972 vide Notification No. G.S.R. 463(E), dated 21 -11-1972, see Gazette of In dia, Extraordinary, Part II,
sec. 3(i) also in the area comprised within the limits of cantonments of Barrackpore, Labong and Jalapahar in the State of
West Bengal
1st July, 1970, vide notification No. G.S.R. 973, dated 26th June, 1972, extended to the Union territory of Delhi.
1st April, 1970, vide notification No. G.S.R. 514, dated 21st March, 1970, Gazette of India, sec. 3( i), in the areas of the State of
Assam except:—
(i) the district of United Khasi & Jaintia Hills excluding the areas comprised within the limits of:
(a) Municipality of Shillong
(b) Contonment of Shillong
(ii) the entire district of Garo Hills
(iii) the entire district of United Mikir and North Cachar Hills
(iv) the entire district of Mizo Hills.
In the State of West Bengal except:
(i) The area comprised within the limits of Corporation of Calcutta;
(ii) the area comprised within the limits of Howrah Municipality;
(iii) Fort Villiam; and
(iv) the area comprised, within the limits of cantonments of Barrackpore, Labong and Jalapahar.
1st April, 1970, vide notification No. G.S.R. 461, dated 7 th March, 1970, see Gazette of India, sec. 3( i), in the States and the
Union territories:
STATES
1. Andhra Pradesh 8. Mysore
2. Bihar 9. Orissa
3. Gujrat 10. Punjab
4. Haryana 11. Rajasthan
5. Kerala 12. Tamil Nadu
6. Madhya Pradesh 13. Uttar Pradesh.
7. Maharashtra
UNION TERRITORIES.
1. Chandigarh
2. Dadra and Nagar Haveli
3. Himachal Pradesh
4. Laccadive, Minicoy and Amindivi Islands.
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Provided that different dates may be appointed for different parts of a State.
2. Definitions and interpretation.—(1) In this Act, unless the context otherwise requires,—
(a) “birth” means live-birth or still-birth;
(b) “death” means the permanent disappearance of all evidence of life at any time af ter live-birth
has taken place;
(c) “foetal death” means absence of all evidence of life prior to the complete expulsion or
extraction from its mother of a product of conception irrespective of the duration of pregnancy;
(d) “live-birth” means the complete expulsion or extraction from its mother of a product of
conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction,
breathes or show any other evidence of life, and each product of such birth is considered live-born;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “State Government”, in relation to a Union territory, means the Administrator thereof;
(g) “still-birth” means foetal death where a product of conception has attained at least the
prescribed period of gestation.
(2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area,
be construed as a reference to the corresponding law, if any, in force in that area.
CHAPTER II
REGISTRATION ESTABLISHMENT
3. Registrar -General, India .—(1) The Central Government may, by notification in the Official
Gazette, appoint a person to be known as the Registrar-General, India.
(2) The Central Government may also appoint such other officers with such designations as it thinks
fit for the purpose of discha rging under the superintendence and direction of the Registrar -General, such
functions of the Registrar -General under this Act as he may, from time to tim e, authorise them to
discharge.
(3) The Registrar-General may issue general directions regarding regis tration of births and deaths in
the territories to which this Act extends, and shall take steps to co -ordinate and unify the activities of
Chief Registrars in the matter of registration of births and deaths and submit to the Central Government
an annual report on the working of this Act in the said territories.
4. Chief Registrar.—(1) The State Government may, by notification in the Official Gazette, appoint
a Chief Registrar for the State.
(2) The State Government may also appoint such other officers with such designations as it thinks fit
for the purpose of discharging, under the superintendence and direction of the Chief Registrar, such of his
functions as he may, from time to time, authorise them to discharge.
(3) The Chief Registrar shall be the chief e xecutive authority in the State for carrying into execution
the provisions of this Act and the rules and orders made thereunder subject to the directions, if any, given
by the State Government.
(4) The Chief Registrar shall take steps, by the issue of suit able instructions or otherwise, to
co-ordinate, unity and supervise the work of registration in the State for securing an efficient system of
registration and shall prepare and submit to the State Government, in such manner and at such intervals as
may be prescribed, a report on the working of this Act in the State along with the statistical report to in
sub-section (2) of section 19.
5. Registration divisions. —The State Government may, by notification in the Official Gazette,
divide the ter ritory within the State into such registration divisions as it may think fit and prescribe
different rules for different registration divisions.
6. District Registrar.—(1) The State Government may appoint a District Registrar for each revenue
district and such number of Additional District Registrars as it thinks fit who shall, subject to the general
control and direction of the District Registrar, discharge such functions of the District Registrar as the
District Registrar may, from time to time, authorise them to discharge.
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(2) The District Registrar shall superintend, subject to the direction of the Chief Registrar, the
registration of births and deaths in the district and shall be responsible for carrying into execution in the
district the provisions of this Act and the orders of the Chief Registrar issued from time to time for the
purposes of this Act.
7. Registrars.—(1) The State Government may appoint a Registrar for each local area comprising the
area within the jurisdiction of a municipality, pancha yat or other local authority or any other area or a
combination of any two or more of them:
Provided that the State Government may appoint in the case of a municipality, panchayat, or other
local authority, any officer or other employee thereof as a Registrar.
(2) Every Registrar shall, without fee or reward, enter in the register maintained for the purpose all
information given to him under section 8 or section 9 and shall also take steps to inform himself carefully
of every birth and of every death which takes place in his jurisdiction and to ascertain and register the
particulars required to be registered.
(3) Every Registrar shall have an office in the local area for which he is appointed.
(4) Every Registrar shall attend his office for the purpose of registering births and deaths on such days
and at such hours as the Chief Registrar may direct and shall cause to be placed in some conspicuous
place on or near the outer door of the office of the Registrar a board bearing, in the local language, his
name with the addition of Registrar of Births and Deaths for the local area for which he is appointed, and
the days and hours of his attendance.
(5) The Registrar may, with the prior approval of the Chief Registrar, appoint Sub -Registrars and
assign to them any or all of his powers and duties in relation to specified areas within his jurisdiction.
CHAPTER III
REGISTRATION OF BIRTHS AND DEATHS
8. Persons required to register births and deaths. —(1) It shall be the duty of the persons specified
below to give or cause to be given, either orally or in writing, according to the best of their knowledge
and belief, within such time as may be prescribed, information to the Registrar of the several particulars
required to be entered in the forms prescribed by the State Go vernment under sub -section ( 1) of
section 16,—
(a) in respect of births and deaths in a house, whether residential or non-residential, not being any
place referred to in clauses (b) to (e) the head of the house or, in case more than one household live in
the house, the head of the household, the head being the person, who is so recognised by the house or
the household, and if he is not present in the house at any time during the period with in which the
birth or death has to be reported, the nearest relative of the head present in the house, and in the
absence of any such person, the oldest adult male person present therein during the said period;
(b) in respect of births and deaths in a hospital, health centre, maternity or nursing home or other
like institution, the medical officer in charge or any person authorised by him in this behalf;
(c) in respect of births and deaths in a jail, the jailor in charge;
(d) in respect of births and deaths in a choultry, chattram, hostel, dharmasala, boarding -house,
lodging-house, tavern, barrack, toddy shop or place of public resort, the person in charge thereof;
(e) in respect of any new -born child or dead body f ound deserted in a public place, the headman
or other corresponding officer of the village in the case of a village and the officer in charge of the
local police station elsewhere:
Provided that any person who finds such child or dead body, or in whose cha rge such child or
dead body may be placed, shall notify such fact to the headman or officer aforesaid;
(f) in any other place, such person as may be prescribed.
(2) Notwithstanding anything contained in sub -section (1), the State Government, having regard to
the conditions obtaining in a registration division, may by order require that for such period as may be
specified in the order, any person specified by the State Government by designation in this behalf, shall
give or cause to be given information rega rding births and deaths in a house referred to in clause ( a) of
sub-section (1) instead of the persons specified in that clause.
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9. Special provision regarding births and deaths in a plantation.—In the case of births and deaths
in a plantation, the superi ntendent of the plantation shall give or cause to be given to the Registrar the
information referred to in section 8:
Provided that the persons referred to in clauses ( a) to (f) of sub-section (1) of section 8 shall furnish
the necessary particulars to the superintendent of the plantation.
Explanation.—In this section, the expression “plantation” means any land not less than four hectares
in extent which is being prepared for the production of, or actually produces, tea, coffee, pepper, rubber,
cardamom, cinchona or such other products as the State Government may, by notification in the Official
Gazette, specify and the expression “superintendent of the plantation” means the person having the charge
or supervision of the labourers and work in the plantation, whether called a manager, superintendent or by
any other name.
10. Duty of certain persons to notify births and deaths and to certify cause of death. —(1) It shall
be the duty of—
(i) the midwife or any other medical or health attendant at a birth or death,
(ii) the keeper or the owner of a place set apart for the disposal of dead bodies or any person
required by a local authority to be present at such place, or
(iii) any other person whom the State Government may specify in this behalf by his designation,
to notify every birth or death or both at which he or she attended or was present, or which occurred in
such areas as may be prescribed, to the Registrar within such time and in such manner as may be
prescribed.
(2) In any area, the State Government, having regard to the facilities available therein in this behalf,
may require that a certificate as to the cause of death shall be obtained by the Registrar from such person
and in such form as may be prescribed.
(3) Where the State Government has required under sub-section (2) that a certificate as to the cause of
death shall be obtained, in the event of the death of any person who, during his last illness, was attended
by a medical practitioner, the medical practitioner shall, after the death of that person, forthwith, issue
without charging any fee, to the person required under this Act to give information concerning the death,
a certificate in the prescribed form stating to the best of his knowledge and belief the cause of dea th; and
the certificate shall be received and delivered by such person to the Registrar at the time of giving
information concerning the death as required by this Act.
11. Informant to sign the register .—Every person who has orally given to the Registrar any
information required under this Act shall write in the register maintained in this be half, his name,
description and place of abode, and, if he cannot write, shall put his thumb mark in the register against his
name, description and place of abode, the particulars being in such a case entered by the Registrar.
12. Extracts of registration entries to be given to informant .—The Registrar shall, as soon as the
registration of a birth or death has been completed, give, free of charge, to the person who give s
information under section 8 or section 9 an d extract of the prescribed particulars under his hand from the
register relating to such birth or death.
13. Delayed registration of births and deaths. —(1) Any birth or death of which information is
given to th e Registrar after the expiry of the period specified therefor, but withi n thirty days of its
occurrence, shall be registered on payment of such late fee as may be prescribed.
(2) Any birth or death of which delayed information is given to the Registrar after thirty days but
within one year of its occurrence shall be registered only with the written permission of the prescribed
authority and on payment of the prescribed fee and th e production of an affidavit made before a notary
public or any other officer authorised in this behalf by the State Government.
(3) Any birth or death which has not been registered within one year of its occurrence, shall be
registered only on an order ma de by a magistrate of the first class or a Presidency Magistrate after
varifying the correctness of the birth or death and on payment of the prescribed fee.
(4) The provisions of this section shall be without prejudice to any action that may be taken again st a
person for failure on his part to register any birth or death within the time specified therefor and any such
birth or death may be registered during the pendency of any such action.
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14. Registration of name of child. —Where the birth of any child has been registered without a
name, the parent or guardian of such child shall within the prescribed period give information regarding
the name of the child to the Registrar either orally or in writing and thereupon the Registrar shall enter
such name in the register and initial and date the entry.
15. Correction or cancellation of entry in the register of births and deaths .—If it is proved to the
satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is
erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such
rules as may be made by the State Government with respect to the conditions on which and the
circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry
by suitable 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 or cancellation.
CHAPTER IV
MAINTENANCE OF RECORDS AND STATISTICS
16. Registrars to keep registers in the prescribed form. -—(1) Every Registrar shall keep in the
prescribed form a register of births and deaths for the registration area or any part thereof in relation to
which he exercises jurisdiction.
(2) The Chief Registrar shall cause to be printed and supplied a sufficient number of register books
for making entries of births and deaths according to such forms and instructions as may, from time to
time, be prescribed; and a copy of such forms in the local la nguage shall be posted in some conspicuous
place on or near the outer door of the office of every Registrar.
17. Search of births and deaths register .—(1) Subject to any rules made in this behalf by the State
Government, including rules relating to the payment of fees and postal charges, any person may—
(a) cause a search to be made by the Registrar for any entry in a register of births and deaths; and
(b) obtain an extract from such register relating to any birth or death:
Provided that no extract relating to any death, issued to any person, shall disclose the particulars
regarding the cause of death as entered in the register.
(2) All extracts given under this section shall be certified by the Registrar or any other officer
authorised by the State Government to give such extracts as provided in section 76 of the Indian Evidence
Act, 1872 (1 of 1872), and shall be admissible in evidence for the purpose of proving the birth or death to
which the entry relates.
18. Inspection of registrat ion offices.—The registration offices shall be inspected and the registers
kept therein shall be examined in such manner and by such authority as may be specified by the District
Registrar.
19. Registrars to send periodical returns to the Chief Registrar f or compilation .—(1) Every
Registrar shall send to the Chief Registrar or to any officer specified by him, at such intervals and in such
form as may be prescribed, a return regarding the entries of births and deaths in the register kept by such
Registrar.
(2) The Chief Registrar shall cause the information in the returns furnished by the Registrars to be
compiled and shall publish for the information of the public a statistical report on the registered births and
deaths during the year at such intervals and in such form as may be prescribed.
CHAPTER V
MISCELLANEOUS
20. Special provision as to registration of births and deaths of citizens outside India .—(1) The
Registrar-General shall, subject to such rules as may be made by the Central Government in this behalf,
cause to be registered in formation as to births and deaths of citizens of India outside India received by
him under the rules relating to the regi stration of such citizens at Indian Consulates made under the
Citizenship Act, 1955 (57 of 1955), and every such registration shall also be deemed to have been duly
made under this Act.
(2) In the case of any child born outs ide India in respect of whom in formation has not been received
as provided in sub -section (1), if the parents of the child return to India with a view to settling therein,
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they may, at any time within sixty days from the date of the arrival of the child in India, get the birth of
the child registered under this Act in the same manner as if the child was born in India and the provisions
of section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid.
21. Power of Registrar to obtain information regarding birth or death.—The Registrar may either
orally or in writing require any person to furnish any information within his knowledge in connection
with a birth or death in the locality within which such person resides and that person shall be bound to
comply with such requisition.
22. Power s to give directions. —The Central Government may give such directions to any State
Government as may appear to be necessary for carrying into execution in the State any of the provisions
of this Act or of any rule or order made thereunder.
23. Penalties.—(1) Any person who—
(a) fails without reasonable cause to give any information which it is his duty to give under any of
the provisions of sections 8 and 9; or
(b) gives or causes to be given, for the purpose of being inserted in any register of births and
deaths, any information which he knows or believes to be false regarding any of the particulars
required to be known and registered; or
(c) refuses to write his name, description and place of abode or to put his thumb mark in the
register as required by section 11,
shall be punishable with fine which may extend to fifty rupees.
(2) Any Registrar or Sub-Registrar who neglects or refuses, without reasonable cause, to register any
birth or death occurring in his jurisdiction or to submit any returns as required by sub -section ( 1) of
section 19 shall be punishable with fine which may extend to fifty rupees.
(3) Any medical practitioner who neglects or refuses to issue a certificate under sub -section (3) of
section 10 and any person who neglects or refuses to deliver such certificate shall be punishable with fine
which may extend to fifty rupees.
(4) Any person who, without reasonable cause, contravenes any provision of this Act for the
contravention of which no penalty is provided for in this section shall be punishable with fine which may
extend to ten rupees.
(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an
offence under this section shall be tried summarily by a magistrate.
24. Power to compound offences. —(1) Subject to such conditions as may be prescribed, any officer
authorised by the Chief Registrar by a general or special order in this behalf may, either before or after the
institution of criminal proceedings under this Act, accept fr om the person who has committed or is
reasonably suspected of having committed an offence unde r this Act, by way of composition of such
offence a sum of money not exceeding fifty rupees.
(2) On the payment of such sum of money, such person shall be discharged and no further
proceedings shall be taken against him in respect of such offence.
25. Sanc tion for prosecution. —No prosecution for an offence punishable under this Act shall be
instituted except by an officer authorised by the Chief Registrar by general or special order in this behalf.
26. Registrars and Sub -Registrars to be deemed public serva nts.—All Registrars and
Sub-Registrars shall, while acting or purporting to act in pursuance of the provisions of this Act or any
rule or order made thereunder, be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
27. Delegation of powers. —The State Government may, by notification in the Official Gazette,
direct that any power exercisable by it under this Act (except the power to make rules under section 30) or
the rules made thereunder shall, subject to such conditions, if any, as may be specified in the direction, be
exercisable, also by such officer or authority subordinate to the State Government as may be specified in
the direction.
28. Protection of action taken in good faith. —(1) No suit, prosecution or other legal proceeding
shall lie against the Government, the Registrar -General, any Registrar, or any person exercising any
power or performing any duty under this Act for anything which is in good faith done or intended to be
done in pursuance of this Act or any rule or order made thereunder.
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(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely
to be caused by anything which is in good faith done or intended to be done in pursuance , of this Act or
any rule or order made thereunder.
29. Act not to be in derogation of Act 6 of 1886 .—Nothing in this Act shall be construed to be in
derogation of the provisions of the Births, Deaths and Marriages Registration Act, 1886.
30. Power to make r ules.—(1) The State Government may, with the approval of the Central
Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisi on, such rules may
provide for—
(a) the forms of registers of births and deaths required to be kept under this Act;
(b) the period within which and the form and the manner in which information should be given to
the registrar under section 8;
(c) the period within which and the manner in which births and deaths shall be notified under
sub-section (1) of section 10;
(d) the person from whom and the form in which a certificate as to cause of death shall be
obtained;
(e) the particulars of which extract may be given under section 12;
(f) the authority which may grant permission for registration of a birth or death under
sub-section (2) of section 13;
(g) the fees payable for registration made under section 13;
(h) the submission of reports by the Chief Registrar under sub-section (4) of section 4;
(i) the search of birth and death registers and the fees payable for such search and for the grant of
extracts from the registers;
(j) the forms in which and the intervals at which the returns and the statistical report under
section 19 shall be furnished and published;
(k) the custody, production and transfer of the registers and other records kept by Registrars;
(l) the correction of errors and the cancellation of entries in the register of births and deaths;
(m) any other matter which has to be, or may be, prescribed.
1[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Stat e
Legislature.]
31. Repeal and saving.—(1) Subject to the provisions of section 29, as from the coming into force of
this Act in any State or part thereof, so much of any law in force therein as relates to the matters covered
by this Act shall stand repealed in such State or part, as the case may be.
(2) Notwithstanding such repeal, anything done or any action taken (including any instruction or
direction issued, any regulation or rule or order made) under any such law shall, in so far as such thing or
action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the
provisions aforesaid, as if they were in force when such thing was done or such action was taken, and
shall continue in force accordingly until superseded by anything done or any action taken under this Act.
32. Power to remove difficulty. —If any difficulty arises in giving effect in a State to the provisions
of this Act in their application to any area, the State Government may, with the approval of the C entral
Government, by order make such provisions or give such directions not inconsistent with the provisions
of this Act as appears to the State Government to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section in relation to any area in a State after the
expiration of two years from the date on which this Act comes into force in that area.
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).