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

_for registering Births and Deaths in Assam._

**Preamble.** WHEREAS it is expedient to provide the means for a

complete register of births and deaths in ASSAM ;


**Short title.**

**Commencement.**

**Extent.**

**Power to direct**
**registration of**
**births and**
**deaths he and to**
**define area.**

**Magistrate may**
**divide** **area into**
**circles and may**
**appoint**
**registrars.**


**1.**

**2.**


It is hereby enacted as follows:
(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.

(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.


Bengal Act
IV of 1873.


1 S b b A A t N V f 1936


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(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** **3.** The **[2][District Magistrate] shall cause to be published a list**
**publish list of** containing the name and place of office of every registrar in
**registrars.** 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.**

**Magistrate to**
**have register**
**books prepared**
**and numbered.**

**Registrar to**
**inform himself**
**of and register**
**births and**
**deaths.**


**4.**

**5.**

**6.**


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.

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.

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.


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**Report of births**
**and deaths on**
**land in the**
**occupation of an**
**employer of**
**labour.**

**Chaukidar to**
**obtain**
**particulars and**
**to report to**
**registrar.**

**Persons bound**
**to give**
**information of**
**birth.**

**Persons bound**
**to give**
**information of**
**death.**


**7.**

**8.**

**9.**

**10.**


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.

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.

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.

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.


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**Section 8, 9 and**
**10 not to apply**
**to births and**
**deaths to be**
**reported under**
**section 7.**


**11.**


**Penalty for** **12.**
**neglect.**


**Municipality**
**under Assam**
**Act 1 of 1923**
**may arrange for**
**keeping register**
**of births or**
**deaths or both.**


**13.**


Provided that no person shall be bound to give the name
of any female relative.

The provisions of sections 8, 9 and 10 shall not apply to births
and deaths which are required to be reported under section 7.

(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.

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.


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**Penalty for**
**registrar**
**refusing to**
**register.**

**Penalty for**
**wilfully giving**
**false**
**information.**

**The Magistrate**
**may depute**
**subordinate**
**Magistrate to**
**discharge his**
**functions.**


**14.**

**15.**

**16.**


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.

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.

**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.]

The enactment, the Bengal Births and Deaths Registration
Act, 1873, is hereby repealed in its application to Assam.


**Repeal.** **17.**


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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