Tamil Nadu Registration of
Births and Deaths Act, 1899[1]
[2][Tamil Nadu Act 3 of 1899][3]
[6th June, 1899]
An Act to make provision for the Registration of Births and Deaths
in rural tracts.
Whereas it is expedient to make
provision for the registration of births and deaths in rural tracts; It is
hereby enacted as follows:—
Section 1. Title
This Act may be called the [4][Tamil
Nadu] Registration of Births and Deaths Act, 1899.
Section 2. Extension and withdrawal of Act
The [5][State
Government] may, by notification, extend this Act, or any portion thereof, to
any local area beyond the limits of the City of Madras and of the
municipalities constituted under the Madras District Municipalities Act, 1884[6],
and may also by notification exclude any such local area from the operation of
the Act or any portion thereof.
Section 3. Interpretation-clause
In this Act, unless there is something repugnant in the subject or
context,—
“Plantation” [7][‘Plantation’
means any land not less than fifty acres in extent, whether held by one person
or by more persons than one as co-owners and whether in one or more blocks,
which is being prepared for the production of, or actually produces, tea,
coffee, pepper, rubber, cardamom or cinchona or such other products as
the [8][State]
Government may by order duly notified specify:]
“Village” “village” means any local
area [9][(exclusive
of any plantation)] which for purposes of revenue administration is now
recognized as a village or, which may hereafter be declared by the State
Government to be a village, and in which local area this Act or any portion
thereof is in force:
“Registrar” “registrar” means a person
appointed registrar of births and deaths under section 5 of this Act.
Section 4. District Collector to proclaim that
registration will be compulsory
On the publication of a notification under section 2 extending
this Act or any portion thereof to any local area, the District Collector shall
cause to be proclaimed in the vernacular language by notices posted at the
village chavadi or other conspicuous place and by beat of drum in every
village [10][or plantation] within the
area so notified and by publication in the District Gazette the date from which
registration of births and deaths will be compulsory in the said area.
Section 5. Appointment of registrars
(1)
On the publication of such
notification, the Collector shall appoint a person either by name or by virtue
of any office he may hold to be registrar of births and deaths for each
village [11][or plantation], or may if
he sees fit divide any village [12][or
plantation] into wards and appoint a person either by name or by virtue of any
office he may hold to be registrar of births and deaths for each ward.
(2)
Registrars to live in their
villages or wards Every registrar so appointed
shall keep in the prescribed form a register of births and deaths for his
village, [13][plantation] or ward, as
the case may be.
Section [14][5-A. Owness of plantations to bear cost of appointments
of registrars
(1)
If any person in the service of
the State Government is appointed to be registrar for any plantation or ward
thereof, the Collector shall determine every year the cost of such appointment
to the Government during the previous year; such coat shall include the salary,
allowances and travelling allowances of the registrar, contributions, if any,
to his provident fund, contributions necessary to meet his leave allowances and
pension, and the contingent and other expenditure incurred by in performing his
functions; under this Act and the rules made thereunder introspect of the
plantation or ward.
(2)
The Collector may, by order,
direct that the whole of the cost as determined under sub-section (1) for the
plantation or for all the wards therein, as the case may be, or such part of
the cost as the Collector may think fit, shall be paid by the owner of the
plantation before a date which shall be specified in the order. ??? shall,
within.
(3)
Any sum ordered to be so paid
shall be a charge on the plantation and may be recovered from the owner thereof
for the time being, as if it were an arrear of land revenue.]
Section 6. Registrars to live in their village or wards
Every such registrar shall, unless otherwise expressly authorized
by the Collector in writing, reside within the village, [15][plantation]
or ward of which he is the registrar, and shall cause his name, with the
addition of registrar of births and deaths for the village, [16][plantation]
or ward for which he is so appointed, written in the vernacular language, to be
placed in some conspicuous place on or new the outer door of his office.
Section 7. District Collector to have register printed
and supplied
(1)
The District Collector 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 by the [17][State
Government].
(2)
A copy of such forms in the
vernacular language shall be posted in some conspicuous place on or near the
outer door of the office of every registrar.
Section 8. Information of birth to be given within two
weeks
The father of every child, or in case of the death, illness,
absence or inability of the father, the midwife assisting at the birth, and in
her default every adult male member of the family resident in the house in
which the child was born and any person having charge of the child or in
default of the above the mother, shall, within two weeks next after the day of
such birth, give or cause to be given, either orally or in writing, information
to the registrar, according to the best of his knowledge and belief, of the
several particulars required to be entered in the forms prescribed under
section 7:
Provisos Provided that a person not
required to give information in the first instance but only in default of some
other person shall not be bound to give information under this Act if he had
reasonable cause to suppose that the information had been or would be duly
given by such other person:
“Provided also that, in the case of an illegitimate child, it
shall in the first instance be the duty of the mother of such child to give
information under this Act, and no person, shall, as father of such child be
required to give information under this Act concerning the birth of such child,
and the registrar shall not enter in the register the name of any person as
father of such child, unless at the joint request of the mother and of the
person acknowledging himself to be the father of such child, and unless such
person shall sign the register together with the mother.
Section 9. Information to be given respecting new-born
child found exposed
In case any new-born child is found exposed, it shall be the duty
of any person finding such and of any person in whose charge such child may be
placed to give, to the best of his knowledge and belief, to the registrar,
within seven days after the finding of such child, such information of the
particulars required to be registered concerning the birth of such child as the
informant possesses.
Section 10. Information of death to be given within four
days
The nearest adult male relative present at the death, or in
attendance during the last illness, of any person dying in a village [18][or
plantation], or, in case of the default of such relative, every adult male
person present at the death, or, in case of their default, the occupier of the
house, or in his default every adult male person living in the house in which
such death has happened, or in case of the default of such inmate, the person
undertaking the disposal of the corpse shall, within four days from the date of
death, give or cause to be given, either orally or in writing, information to
the registrar, according to the best of his knowledge and belief, of the
several particulars required to be entered in the forms prescribed under section
7:
Provided that a person not required to give information in the
first instance, but only in default of some other person, shall not be bound to
give information under this Act if he has reasonable cause to suppose that the
information had been or would be duly given by such other person.
Section 11. Head of the village bound to give information
regarding other deaths
In case any person is found dead in a village [19][or
plantation] under circumstances not covered by flection 10, it shall be the
duty of the head of the village [20][or,
in the case of a plantation, of the person appointed by the Collector in this
behalf,] to give forthwith, to the best of his knowledge and belief, to the
registrar, such information of the particulars required to be registered
concerning such death as the informant possesses.
Section 12. In case of births and deaths in hospital,
medical officer in charge to send notice to the registrar
Notwithstanding anything contained in sections 8 and 10 of this
Act—
(1)
in case of a child being born or
of a person dying in any hospital, it shall be the duty of the medical officer
in charge forthwith to send to the registrar a notice in writing of the
occurrence of such birth or death containing the several particulars required
to be entered in the forms prescribed under section 7;
(2)
in case of a child being bora or
of a person dying in any choudry, chattram, hotel, boardinghouse,
lodging-house, tavern, [21][]
or place of public resort, it shall be the duty of the owner, keeper or person
in charge thereof to give the information required under sections 8 and 10 in
the manner specified therein within forty-eight hours of the birth or death, as
the case may be.
Section 13. A persons giving oral information to writ his
same in the register
Every person who has orally given to a registrar any information
required under this Act shall write in the register his name, description and
place of abode, and, if he cannot write, shall put his mark in the register to
??? name, description and place of abode, these ??? being in such case entered
by the registrar.
Section 14. When registrars give extract free of charge
The registrar shall, as soon as the registration of the birth of a
child has been completed, give, on application, free of all charge, to the person
who gives information of the birth an extract under his hand from the register
relating to such birth.
Section 15. Registrar to register information without fee
or reward and inform himself of every birth and death
Every registrar shall without fee or reward register all
information furnished to him under sections 8 to 13, and it shall also be his
duty to inform himself carefully of every birth and of every death which takes
place in his village, [22][plantation]
or ward, and he shall ascertain and register as soon as conveniently may be
after the event, the particulars required to be registered according to the
forms prescribed under section 7 touching ever such birth and death, as the
case may be, which has not already been registered.
Section [23][16. 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 thirteen months of the date
of its birth, 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.]
Section 17. Search of birth and deaths register
[24][(1) Subject to any rules which the [25][State]
Government may make under section 20, 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.]
[26][(2)] All extracts given under this section [27][shall
be in the form prescribed by rules made under section 20], shall be certified
as provided in section 76 of the Indian Evidence Act, 1872 (I of 1872) and may
be produced in proof of the entries of which they purport to be copies.
Section 18. Penalty for omission to give information, etc
[28][(a)] Any person who—
(1)
fails without reasonable cause to
give any information which it is his duty to give under sections 8, 9, 10,
11, [29][12 and 16] of this Act;
or
(2)
gives, or causes to be given, for
the purpose of being inserted in any register of births or deaths, any
information which is false and which he knows or believes to be false touching
any of the particulars required to be known and registered; or
(3)
refuses to write his name,
description and place of abode or to put his mark in the register if required
by section 13;
shall, on conviction before a Magistrate, be liable to a fine not
exceeding ten rupees.
[30][(b) The District Collector may impose a penalty not exceeding
twenty-five rupees on any person who, having been appointed as registrar under
sub-section (1) of section 5, fails without sufficient cause to perform his
duties as such.]
Section 19. Prosecution act to be instituted except under
the order of a Tahsildar or Deputy Tahsildar, or an office superior to him
(1)
No prosecution in respect of any
offence punishable under this Act shall be instituted except under the order
of [31][a Tahsildar or Deputy
Tahsildar] having jurisdiction over the village, [32][or
plantation] in which the offence was committed or of an officer to whom [33][the
Tahsildar or Deputy Tahsildar] is subordinate.
The District Collector or any officer generally or especially
empowered by him in this behalf may stay such prosecution.
(2)
In prosecutions for offences
under the provisions of this Act, the accused person may appear by an agent and
may of right be defended by an agent:
Provided that the Magistrate may at any stage of the proceedings,
for reasons to be recorded in writing, direct the personal attendance of the
accused.
Section 20. Power of State Government to frame forms and
make rules
The [34][State
Government] may, after previous publication, make rules—
(1)
prescribing the forms of
registers of births and deaths required to be kept under this Act;
(2)
for the inspection and
examination of the registers maintained under section 5;
(3)
for the conduct of the duties of
the registrar during his absence on other duty or on account of illness or
other cause;
(4)
for the custody, production and
transfer of the registers and other records kept by registrant;
(5)
for the correction of clerical
errors which may be discovered in the registers of birth of registers of
deaths;
(6)
generally to carry out the
provisions of this Act.
[1] Received the
assent of the Governor on the 3rd April, 1899, and that of the Viceroy and
Governor-General on the 3rd May, 1899; the Governor-General's assent was first
published in the Fort St. George Gazette of the 6th June, 1899
[2] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969, which came into force on the 14th January, 1969.
[3] For Statement of
Objects and Reasons, see Fort St. George Gazette Supplement, dated
the 22nd November, 1898, p. 4; for Proceedings in Council, see ibid, dated
the 20th December, 1898, pp. 15-22, and ibid, dated the 28th March, 1899,
pp. 16-40.
This Act was extended to the merged State of Pudukkottai
by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws)
Act, 1949 (Tamil Nadu Act XXXV of 1949).
This Act was extended to the Kanyakumari district and the
Shencottah taluk of the Tirunelveli district by section 4 of, and the Second
Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965
(Tamil Nadu Act 22 of 1965) repealing the corresponding law in that territory.
As from the coming into force in this State of the
Registration of Births and Deaths Act, 1969 (Central Act 18 of 1969) so much of
Tamil Nadu Act III of 1899 as relates to the matters covered by the former Act
shall stand repealed in this State. Please see section 31 of Central Act 18 of
1969.
3 For Statement of Objects and Reasons, see Fort
St. George Gazette Supplement, dated the 22nd November, 1898, p. 4;
for Proceedings in Council, see ibid, dated the 20th December,
1898, pp. 15-22, and ibid, dated the 28th March, 1899, pp. 16-40.
This Act was
extended to the merged State of Pudukkottai by section 3 of, and the First
Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV
of 1949).
This Act was
extended to the Kanyakumari district and the Shencottah taluk of the
Tirunelveli district by section 4 of, and the Second Schedule to, the Tamil
Nadu (Transferred Territory) Extension of Laws Act, 1965 (Tamil Nadu Act 22 of
1965) repealing the corresponding law in that territory.
As from the
coming into force in this State of the Registration of Births and Deaths Act,
1969 (Central Act 18 of 1969) so much of Tamil Nadu Act III of 1899 as relates
to the matters covered by the former Act shall stand repealed in this State.
Please see section 31 of Central Act 18 of 1969.
[4] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969, which came into force on the 14th January, 1969.
[5] The words
“Provincial Government” were substituted for the words “Local Government” by
the Adaptation Order of 1937 and the word “State” was substituted for
“Provincial” by the Adaptation Order of 1950.
[6] See now the
Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920).
[7] This definition was
inserted by section 2(i) of the Madras Registration of Births and Deaths
(Amendment) Act, 1945 (Madras Act XIX of 1945), as modified and re-enacted
permanently by section 3 of, and the Second Schedule to, the Tamil Nadu
Reenacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).
[8] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950.
[9] These words and
brackets were inserted by section 2(ii) of the Madras Registration of Births
and Deaths (Amendment) Act, 1945 (Madras Act XIX of 1945), as modified and
re-enacted permanently by section 3 of, and the Second Schedule to, the Tamil
Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).
[10] These words were
inserted by section 3 of the Madras Registration of Births and Deaths
(Amendment) Act, 1940 (Madras Act XXX of 1946), as modified and re-enacted
permanently by section 3 of, and the Second Schedule to, the Tamil Nadu
Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).
[11] These words were
inserted by section 4(i), ibid.
[12] These words were
inserted by section 4(i), ibid.
[13] This word was
inserted by section 4(ii), ibid.
[14] This section was
inserted by section 5, ibid.
[15] This word was
inserted by section 6 of the Madras Registration of Births and Deaths (Amendment)
Act, 1946 (Madras Act XIX of 1946), as modified and permanently re-enacted by
section 3 of, and the Second Schedule to, the Tamil Nadu Re-enacting (No. II)
Act, 1948 (Tamil Nadu Act VIII of 1948).
[16] This word was
inserted by section 6 of the Madras Registration of Births and Deaths
(Amendment) Act, 1946 (Madras Act XIX of 1946), as modified and permanently
re-enacted by section 3 of, and the Second Schedule to, the Tamil Nadu
Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).
[17] The words
“Provincial Government” were substituted for the words “Local Government” by
the Adaptation Order of 1937 and the word “State” was substituted for
“Provincial” by the Adaptation Order of ???
[18] These words were
inserted by section 7 of the Madras Registration of Births and Deaths
(Amendment) Act, 1945 (Madras Act XIX of 1945), as modified and re-enacted
permanently by section 3 of and the Second Schedule to, the Tamil Nadu
Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).
[19] These words were
inserted by section 7 of the Madras Registration of Births and Deaths
(Amendment) Act, 1945 (Madras Act XIX of 1945), as modified and re-enacted
permanently by section 3 of and the Second Schedule to, the Tamil Nadu
Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).
[20] Thee words were
inserted by section 8, ibid.
[21] The words
“arrack or toddy shop” were omitted by section 4 of, and the Second Schedule
to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965 (Tamil
Nadu Act 22 of 1965) repealing the corresponding law in that territory.
[22] This word was
inserted by section 9 of the Madras Registration of Births and Deaths
(Amendment) Act, 1945 (Madras Act XIX of 1945), as modified and re-enacted
permanently by section 3 and the Second Schedule to, the Tamil Nadu Re-enacting
(No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).
[23] This section was
substituted for the original section 10 by section 2 of the Madras Registration
of Births and Deaths (Amendment) Act, 1942 (Madras Act XI of 1942), which was
permanently re-enacted by section 2 of, and the First Schedule to, the Tamil
Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948).
[24] This sub-section
was substituted by section 2(i) of the Madras Registration of Births and Deaths
(Amendment) Act, 1949 (Madras Act XXXVII of 1949) for that sub-section as
substituted for the first paragraph of section 17 by section 9 of the Madras
Registration of Births and Deaths (Amendment) Act, 1945 (Madras Act XIX of
1946), as modified and re-enacted permanently by section 3 of, and the Second
Schedule to, the Tamil Nadu Reenacting (No. II) Act, 1948 (Tamil Nadu Act VIII
of 1948).
[25] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950.
[26] The second
paragraph of section 17 was numbered as sub-section (2) of that section by
section 10 of the Madras Registration of Births and Deaths (Amendment) Act,
1045 (Madras Act XIX of 1045), as modified and re-enacted permanently by
section 3 of, and the Second Schedule to, the Tamil Nadu Re-enacting (No. II)
Act, 1048 (Tamil Nadu Act VIII of 1948).
[27] These words and
figures were inserted by section 2(ii) of the Madras Registration of Births and
Deaths (Amendment) Act, 1949 (Madras Act XXXVII of 1949).
[28] Section 18 was
lettered as sub-section (a) of that section and 10 the sub-section as so
lettered sub-section (b) was added by section 11 of the Madras Registration of
Births and Deaths (Amendment) Act, 1945 (Madras Act XIX of 1945), as modified
and permanently re-enacted by section 3 of, and the Second Schedule to, the
Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).
[29] This word and
these figures were substituted for the word and figures “and 12” by section 3
of the Madras Registration of Births and Deaths (Amendment) Act, 1942 (Madras
Act II of 1942), which was permanently re-enacted by section 2 of, and the
First Schedule to, the Tamil Nadu Re-enacting and ??? (No. I) Act, 1948 (Tamil
Nadu Act VII of 1948).
[30] Section 18 was
lettered as sub-section (a) of that section and 10 the sub-section as so
lettered sub-section (b) was added by section 11 of the Madras Registration of
Births and Deaths (Amendment) Act, 1945 (Madras Act XIX of 1945), as modified
and permanently re-enacted by section 3 of, and the Second Schedule to, the
Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).
[31] These words were
substituted for the words “the Tahsildar” by Motion 2 of the Madras
Registration of Births and Deaths (Amendment) Act, 1939 (Madras Act I of 1939).
[32] These words were
inserted by section 12 of the Madras Registration of Births and Deaths
(Amendment) Act, 1945 (Madras Act XIX of 1945), as modified and re-enacted
permanently by section S. of, and the Second Schedule to, the Tamil Nadu
Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).
[33] These words were
substituted for the words “the Tahsildar” by Motion 2 of the Madras
Registration of Births and Deaths (Amendment) Act, 1939 (Madras Act I of 1939).
[34] The words
“Provincial Government” were substituted for the words “Local Government” by
the Adaptation Order of 1937 and the word “State” was substituted for “Provincial”
by the Adaptation Order of 1950. The words “Provincial Government” were
substituted for the words “Local Government” by the Adaptation Order of 1937
and the word “State” was substituted for “Provincial” by the Adaptation Order
of 1950.