36. Rules.—7
[(1) The State Government, for each State 8
*** 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;
1. Subs. by Act 38 of 1920, s. 2 and Sch. 1, for “G.G. in C”.
2. Section 35A was added by the Births, Death and Marriages Registration Act, (1886) Amendment Act, 1890 (16 of 1890), s. 2,
which was repealed by the Devolution Act, 1920 (38 of 1920), s. 3 and the Second Schedule. The present sub-section (1) was
subs. for the original sub-section by the Devolution Act, 1920 (38 of 1920), s. 2 and the First Schedule, and sub-section (2),
was inserted by the Repealing and Amending Act, 1934 (24 of 1934), s. 2 and the First Schedule.
3. The words “The Central Government or” omitted by the A.O. 1950.
4. Subs. by the A.O. 1937, for “if he or it thinks fit, may by notification in the Gazette of India or the local Official Gazette, as the
case may be”.
5. For Commissioners appointed under this section, see Gazette of India, 1890, Pt. I, p. 744.
6. Subs. by Act 9 of 1911, s. 4, for section 36.
7. Subs. by the A.O. 1937, for sub-section (1).
8. The words “and the Central Government for British subjects in Indian States” omitted by the A.O. 1950.
10
(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.]
37. [Procedure for making and publication of rules]. Rep. by the Births, Deaths and Marriages
Registration (Amendment) Act, 1911 (9 of 1911) s. 5.