32. Permission to persons having custody of certain records to send them within one year to
Registrar General.—If any person in 3
[the territories to which this Act extends] has for the time being
the custody of any register or record of birth, baptism, naming, dedication, death or burial of any persons
of the classes referred to in section 11,subsection (1), or, of any register or record of marriage of any
persons of the classes to which Act III of 1872 or the Indian Christian Marriage Act, 1872(15of 1872) or
the Parsi Marriage and Divorce Act, 1865 (15 of 1865) applies, and if such register or record has been
made otherwise than in performance of a duly specially enjoined by the law of the country in which the
register or record was kept, he may, 4
[at any time before the first day April, 1891,] send the register or
record to the office of the Registrar General or Births, Deaths and Marriages for the territories within
which he resides, 5
***.
33. Appointment of Commissioners to examine registers.—6
[(1) Any State Government in the case
of registers or records sent under section 32 to the Registrar General for the territories under its
administration, 7
*** may appoint so many persons as it 8
*** thinks fit to be Commissioner for examining
such registers or records.]
1. For rules made under section 26 conjointly with sections 28 and 36, see Gazette of India, 1888, Part. I, p. 336 and different
local Rules and orders. All rules made by the G.G. in C. under this Act, before 1911, shall be deemed to have been made by
the State Government, see section 6 of Act 9 of 1911.
2. Subs. by Act 9 of 1911, s. 3 for “G.G. in C.”.
3. Subs. by the Adaptation of Laws (No. 2), Order 1956, for “a Part A State or a Part C State”.
4. Subs. by Act 16 of 1890, s. 1, for “within one year from the date on which this Act comes into force”.
5. Certain words including the proviso which was inserted by Act 38 of 1920, s. 2 and the Schedule, omitted by the A.O. 1950.
6. Subs. by Act 38 of 1920, s. 2 and the First Schedule, for sub-section (1).
7. Certain words omitted by the A.O. 1950.
8. The words “or he, as the case may be,” rep. by the A.O. 1937.
9
(2) The Commissioners so appointed shall hold office for such period as the 1
[authority appointing
them], by the order of appointment, or any subsequent order, directs.
34. Duties of Commissioners.—(1) The Commissioners appointed under the last foregoing section
shall enquire into the state, custody and authenticity of every such register or record as may be sent to the
Registrar General of Births, Deaths and Marriages under section 32;
and shall deliver to the Registrar General a descriptive list or descriptive lists of all such registers or
records, or portions of registers or records, as they find to be accurate and faithful.
(2) The list or lists shall contain the prescribed particulars and refer to the registers or records, or to
the portions of the registers or records, in me prescribed manner.
(3) The Commissioners, shall also certify in writing, upon some part of every separate book or
volume containing any such register or record, or portion of a register or record, as is referred to in any
list or lists made by the Commissioners, that it is one of the registers or records, or portions of registers or
records, referred to in the said list or lists.
35. Searches of lists prepared by Commissioners and grant of certified copies of entries.—(1)
Subject to the payment of the prescribed fees, the descriptive list or lists of registers or records, or
portions of registers or records, delivered by the Commissioners to the Registrar General of Births,
Deaths and Marriages shall be, at all reasonable times, open to inspection by any person applying to
inspect it or them, and copies of entries in those registers or records shall be given to all persons applying
for them.
(2) A copy of an entry given under this section shall be certified by the Registrar General of Births,
Deaths and Marriages, or by an officer or person authorised in this behalf by the State Government and
shall be admissible in evidence for the purpose of proving the birth, baptism, naming, dedication, death,
burial or marriage to which the entry relates.
2
[35A. Constitution of additional Commissions for purposes of this Chapter.—(1)
3
*** The State
Government 4
[may by notification in the Official Gazette] appoint more Commissions5
than one for the
purposes of section 33, each such Commission consisting of so many and such members, and having its
functions restricted to the disposal, under this Act and the rules there under, of such registers and records
sent under section 32 to the Registrar General, as may be specified in the notification.
(2) If more Commissions than one are appointed in exercise of the power conferred by sub-section
(1), then references in this Act to the Commissioners shall be construed as references to the members
constituting a Commission so appointed.]