Section 36 of The Births, Deaths and Marriages Registration Act, 1886
1[36. Rules.—2[(1) The State Government, for each State 3 *** may make rules to carry out the purpose of this Act.]
- (2)In particular and without prejudice to the generality of the foregoing power, such rules may.—
- (a)fix the fees payable under this Act;
- (b)prescribe the forms required for the purposes of this Act;
- (c)prescribe the time within which, and the mode in which, persons authorised under this Act to give notice of a birth or death to a Registrar of Births and Deaths must give the notice;
- (d)prescribe the evidence of identity to be furnished to a Registrar of Birth and Deaths by persons giving notice of a birth or death in cases where personal attendance before such Registrar is dispensed with;
- (e)prescribe the registers to be kept and the form and manner in which Registrars of Births and Deaths are to register births and deaths under this Act, and the intervals at which they are to send to the Registrar General of Births, Deaths and Marriages true copies of the entries of births and deaths in the registers kept by them;
- (f)prescribe the conditions and circumstances on and in which Registers of Births and Deaths may correct entries of births and deaths in registers kept by them;
- (g)prescribe the particulars which the descriptive list or lists to be prepared by the Commissioner appointed under Chapter V are to contain, and the manner in which they are to refer to the registers or records, or portions of registers or records, to which they relates; and
- (h)prescribe the custody in which those registers or records are to kept.
- (3)Every power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication.
- (4)All rules made under this Act shall be published in the Official Gazette and on such publication shall have effect as if enacted in this Act.
Summary
- Section 36 of the 1886 Registration Act grants the State Government the broad power to make rules to carry out the purposes of the entire Act.
- These rules can cover many administrative details, such as fixing fees, prescribing forms, setting timelines for notices, and dictating how registers are kept.
- A crucial condition is that the State Government must publish the rules beforehand, allowing for prior public awareness before they become official.
- Once the rules are finalized, they must be published in the Official Gazette.
- After publication in the Official Gazette, these rules have the exact same legal force as if they were written directly into the Act itself.
Practical examples
FAQ
1. Under Section 36 of The Births, Deaths and Marriages Registration Act, 1886, who has the primary authority to make rules for the Act?
Under Section 36 of The Births, Deaths and Marriages Registration Act, 1886, the State Government for each State has the power to make rules to carry out the purpose of the Act.
2. According to Section 36 of the 1886 Act, what must happen before a rule can be officially made?
According to Section 36 of the 1886 Act, every power to make rules is subject to the condition of the rules being made after previous publication.
3. Under Section 36 of the 1886 Registration Act, what legal effect does a published rule have?
Under Section 36 of the 1886 Registration Act, once a rule is published in the Official Gazette, it has effect exactly as if it had been enacted directly in the Act itself.
Test yourself
Q1.Under Section 36 of The Births, Deaths and Marriages Registration Act, 1886, which of the following is NOT explicitly listed as a topic the State Government can make rules about?
Q2.(Cross-Reference) Under Section 36 of the 1886 Act covering births and deaths, the State Government can make rules detailing how Registrars may correct entries. According to Section 28 of the Act, how must the Registrar physically record that correction once the rules allow it?
Q3.Under Section 36 of the 1886 Registration Act, what is a mandatory condition for the State Government's power to make rules?
Q4.(Cross-Reference) Under Section 36 of The Births, Deaths and Marriages Registration Act, 1886, rules can be made prescribing the particulars of a descriptive list. According to Section 34 of the Act, who is responsible for delivering this descriptive list of accurate records to the Registrar General?