2004

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Births and Deaths Registration Act, 2004

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The Births and Deaths Registration Act, 2004 establishes a comprehensive system for the compulsory registration of all births and deaths occurring in Bangladesh. It applies to every person born or dying within the territory of Bangladesh, and also to births and deaths of Bangladeshi citizens occurring outside Bangladesh. The Act requires every birth and death to be registered with the appropriate registrar (Union Parishad, Municipality, or City Corporation authorities) within specified time limits — 45 days for births and 45 days for deaths, with late registration permitted on payment of a fee (Sections 10-12). The Registrar General of Births and Deaths, appointed by the government, oversees the system and maintains a national database of registered events. Key mechanisms include the issuance of birth and death certificates as legal proof of age, identity, and fact of death (Section 14), the correction of erroneous entries, and the provision for search of records and issuance of certified copies. Notable provisions include the mandatory registration of births before enrolment in educational institutions or obtaining a passport, and the requirement for death registration before burial or cremation can proceed. The Act also requires medical institutions and local authorities to report births and deaths occurring within their jurisdiction. Penalties for non-compliance include fines. The Act is currently in force and has significantly improved civil registration coverage in Bangladesh.

Full text · showing key sections

§ 1Short title and commencement

(1)This Act shall be called the Births and Deaths Registration Act, 2004.

(2)It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.

§ 2Definitions

Unless there is anything repugnant in the subject or context, in this Act—

(a) "Guardian" means a guardian as defined in the Guardians and Wards Act, 1890 (Act VIII of 1890);

1[(b) "Union Parishad" means a Union Parishad formed under the Local Government (Union Parishad) Act, 2009 (Act No. 61 of 2009);]

(c) "Ward" means a ward of a City Corporation or Municipality or Union Parishad;

2[(d) "Councillor" means a Councillor of a City Corporation or Municipality;]

(e) "Cantonment" means a Cantonment formed under the Cantonments Act, 1924 (Act II of 1924);

3[(f) "Birth or death certificate" means a birth or death certificate issued by the Registrar based on information recorded in the registration book;]

(g) "Birth" means the living delivery of a person;

(h) "Prescribed" means prescribed by rules made under this Act;

(i) "Registrar" means a person responsible under section 4;

(j) "Registration" means registration of birth and death of a person in the registration book;

4[(k) "Registration book" means any book created by handwritten method or through information technology, in which information of birth or death of a person is recorded;]

5[(l) "Municipality" means a Municipality formed under the Local Government (Municipality) Act, 2009 (Act No. 58 of 2009);]

6[(m) "Administrator" means an administrator under the Local Government (City Corporation) Act, 2009 (Act No. 60 of 2009) or, as the case may be, under the Local Government (Municipality) Act, 2009 (Act No. 58 of 2009);]

(n) "Person" means any Bangladeshi or foreigner residing in Bangladesh and any refugee sheltering in Bangladesh;

(o) "Death" means the demise of a person;

(p) "Member" means a member of a Union Parishad;

(q) "Government" means the Local Government Division, Ministry of Local Government, Rural Development and Co-operatives;

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8[(r) "City Corporation" means a City Corporation established under the Local Government (City Corporation) Act, 2009 (Act No. 60 of 2009); and]

9[(s) "Registrar General" means the Registrar General appointed under section 7A.]

§ 3Prevalence of the Act

Notwithstanding anything contained in any other law, after this Act comes into force, the birth or death of any person shall be registered in accordance with the provisions of this Act.

§ 4Registrar

1[4. (1) Subject to the provisions of sub-section (2), the following persons shall perform the duties of Registrar for registration of births and deaths, namely:—

(a) in the case of a person born, deceased or permanently residing in a City Corporation area, an officer or Councillor empowered by the Mayor or, as the case may be, Administrator of the concerned Corporation, for such time and jurisdiction;

(b) in the case of a person born, deceased or permanently residing in a Municipality area, an officer or Councillor empowered by the Mayor or, as the case may be, Administrator of the concerned Municipality or by such person, for such time and jurisdiction;

(c) in the case of a person born, deceased or permanently residing in a Union Parishad area, an officer or member empowered by the Chairman of the concerned Union Parishad or by the Government, for such time and jurisdiction;

(d) in the case of a person born, deceased or permanently residing in a Cantonment area, the Executive Officer of the concerned Cantonment Board or an officer empowered by such person;

(e) in the case of a Bangladeshi born, deceased or residing abroad, or a Bangladeshi residing abroad until such time or date as may be specified by the Government by notification in the official Gazette, an officer empowered by the Ambassador of the Bangladesh Embassy.

(2)More than one person shall not perform the duties of Registrar at the same time in the same area for registration of births and deaths.]

§ 5Registration

(1)The Registrar shall register the birth and death of all persons in the registration book, irrespective of race, religion, caste, community or gender.

(2)Information for registration of birth or death of any person shall be sent to the Registrar within the specified time and in the prescribed manner.

(3)In case of providing information under this section for registration of birth and death, the information provider shall have a declaration that the said information is correct and the said birth or death has not been registered previously.

§ 6Duties of Registrar

The Registrar shall have the following duties, namely:—

(a) to ensure registration of birth and death of all persons;

(b) to collect information necessary for registration, and to print or collect forms, registers and certificates;

1[(c) to preserve registration related activities, documents and registration books;]

(d) to issue birth and death certificates; and

(e) any other duty prescribed by rules.

§ 7Powers of Registrar

(1)For the purpose of verifying the truth of information for registration of any person, the Registrar may investigate himself or through any person authorized by him.

(2)If birth or death of any person is not registered within the specified time, the Registrar may issue a notice containing direction to provide birth and death information to the father, mother, son, daughter, guardian or any prescribed person of the concerned person.

(3)For the purpose of investigation under sub-section (1), the Registrar or any person authorized by him may summon the registration book and, if necessary, issue notice to any person to give evidence.

§ 7AAppointment of Registrar General, etc.

1[7A. (1) The Government may, for the purpose of this Act, appoint a Registrar General and such number of officers and employees as may be necessary, and their terms of service shall be determined by the Government.

(2)The duties and functions of the Registrar General shall be prescribed by rules.]

§ 8Person responsible for providing birth and death information

(1)The father, mother, guardian or designated person of a child shall be obliged to provide birth-related information to the Registrar within 45 (forty-five) days of the birth of the child.

(2)The son, daughter, guardian or designated person of a deceased person shall be obliged to provide death-related information to the Registrar within 1[45 (forty-five)] days of the death.

§ 9Duty of certain officers or employees

(1)The following persons may send information to the Registrar for registration of birth or death of any person, namely:—

(a) members and secretary of the Union Parishad;

(b) Village Police;

(c) Councillor of City Corporation or Municipality;

(d) health workers and family planning workers employed in Union Parishad, Municipality, City Corporation or Cantonment area;

(e) field workers of non-governmental organizations (NGOs) employed in health and family planning sector;

(f) in case of birth and death in any government or private hospital or clinic or maternity home or any other institution, the concerned Medical Officer or doctor or any authorized officer;

(g) supervisor of any graveyard or cremation ground;

(h) any other officer or employee employed by the Registrar;

(i) in case of birth and death in jail, the Jail Superintendent or District Magistrate or any person authorized by such person;

(j) in case of abandoned child or unidentified dead body found in public places, the Officer-in-Charge of the concerned police station; and

(k) any other prescribed person or institution.

(2)If information regarding birth and death of any person is provided to any person mentioned in sub-section (1), he shall himself take necessary measures for registration or shall provide necessary assistance to the information provider with advice for registration.

§ 10Naming of child

The name of the child shall be determined before birth registration:

Provided thatif the name of any child is not determined, the birth of the child may be registered, and in such case the name shall be provided within 45 (forty-five) days after registration.

§ 11Issuance of birth and death certificates

Upon application of any person, the Registrar shall issue birth or death certificate of the registered person on payment of the prescribed fee and in the prescribed manner.

§ 12Search of registration related information

(1)Any person may, on payment of the prescribed fee, apply to the Registrar for any information or extract from the registration book:

Provided thatthe cause of death shall not be included in the extract given under sub-section (1).

(2)All information and extracts given under sub-section (1) shall be certified by the Registrar and shall be admissible as evidence.

§ 13Late registration

If information regarding birth or death is not sent to the Registrar within the time specified in section 8, it may be registered subsequently subject to the prescribed time, manner and fee:

Provided thatin case of registration of living and deceased persons before this Act comes into force, no fee shall be required within 2 (two) years of this Act coming into force.

§ 14Preservation of records

(1)The Registrar shall preserve the registration book in the prescribed manner and form, and the registration book shall be deemed to be a permanent record.

(2)The Registrar shall be responsible if the registration book is lost or destroyed.

(3)Information regarding birth or death may be preserved in the prescribed manner apart from the registration book.

§ 15Correction of registration book and birth or death certificate, etc.

1[15. (1) If any incorrect information is recorded in the registration book or, as the case may be, birth or death certificate, an application may be made to the concerned Registrar for correction thereof with the prescribed fee.

(2)If the application under sub-section (1) is received within 90 (ninety) days of issuance of birth or death certificate, the Registrar shall, within 30 (thirty) working days of receipt of such application—

(a) if the application is considered appropriate—

(i) correct the registration book or, as the case may be, birth or death certificate;

(ii) sign the corrected place in the registration book with date; and

(iii) issue a new birth or death certificate in corrected form and take back the previously issued certificate from the applicant for preservation;

(b) if there is no reasonable ground to consider the application, reject the same and inform the applicant in writing.

(3)If the application under sub-section (1) is received after expiry of 90 (ninety) days of issuance of birth or death certificate, within 10 (ten) working days of receipt of such application, the Registrar mentioned in sub-section (1) of section 4—

(i) in clauses (a), (b) and (d), the concerned District Commissioner;

(ii) in clause (c), the concerned Upazila Nirbahi Officer; and

(iii) in clause (e), the Registrar General shall send the same for consideration.

(4)Within 15 (fifteen) working days of receipt of application under sub-section (3), as the case may be, the Upazila Nirbahi Officer, District Commissioner or Registrar General shall examine the application and pass order of approval or rejection and send the said order to the concerned Registrar.

(5)If the application under sub-section (4) is rejected, the concerned Registrar shall inform the applicant in writing within 7 (seven) working days of receipt of such order.

(6)If the application under sub-section (4) is approved, the concerned Registrar shall, within 7 (seven) working days of receipt of such order—

(i) correct the registration book or, as the case may be, birth or death certificate;

(ii) sign the corrected place in the registration book with date; and

(iii) issue a new birth or death certificate in corrected form and take back the previously issued certificate from the applicant for preservation.]

§ 15ACancellation of birth or death certificate

1[15A. If any birth or death certificate is issued due to false information or false declaration, the Registrar shall, upon application of any person with the prescribed fee, cancel the concerned birth or death certificate following the provisions of sub-sections (2) to (6) of section 15 and accordingly sign the corrected part of the registration book.]

§ 16Supervision and inspection

Any person authorized by the Government for this purpose may supervise and inspect the office of the Registrar, registration book and all activities related to registration.

§ 17Report

The Government may, if necessary, call for any information or report related to registration from the Registrar at any time and the Registrar shall be obliged to provide the same to the Government.

§ 18Evidentiary value of birth or death certificate

(1)For proof of age, birth and death of any person, the birth or death certificate issued under this Act shall be admissible as evidence in any office or court or school-college or government and private institutions.

(2)All documents and registration books related to registration shall be deemed to be public documents within the meaning of "public document" as used in the Evidence Act, 1872 (Act I of 1872).

(3)Notwithstanding anything contained in any other law, the birth certificate issued under this Act shall be used for proof of age in the following matters, namely:—

(a) passport issuance;

(b) marriage registration;

(c) admission to educational institutions;

(d) appointment in government, private or autonomous institutions;

(e) driving licence issuance;

(f) preparation of voter list;

(g) land registration;

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2[(gg) national identity card;

(ggg) life insurance policy; and]

(h) any other matter prescribed by rules.

3[(3A) Notwithstanding anything contained in any other law, the death certificate issued under this Act shall be used for proof of death of any person in the following matters, namely:—

(a) obtaining succession certificate;

(b) receiving family pension;

(c) claim of life insurance of the deceased person;

(d) obtaining name transfer and land share; and

(e) any other matter prescribed by rules.]

4[(4) Notwithstanding anything contained in sub-section (3), the Government may, by notification in the official Gazette, exempt any person or class of persons or any office or institution or special class of offices or institutions from the application of the provisions of sub-section (3) for such time as may be specified by them.

(5)Birth or death certificates issued under any other law immediately before this Act comes into force may be used for the purposes of sub-sections (3) and (3A).]

§ 19Public servant

The Registrar shall be deemed to be a "public servant" within the meaning of the expression "public servant" in section 21 of the Penal Code (Act XLV of 1860).

§ 20Appeal

1[20. (1) Any person aggrieved by any order of the Registrar may appeal to the following authorities within 30 (thirty) days of the order, namely:—

(a) against the order of the Chairman or authorized officer or member of the Union Parishad, the Upazila Nirbahi Officer;

(b) against the order of the Mayor or Administrator or any authorized officer or Councillor of the Municipality, the District Magistrate;

(c) against the order of the Executive Officer of the Cantonment Board or any authorized officer, the District Magistrate;

(d) against the order of the officer authorized by the Mayor or Administrator of the City Corporation, the District Magistrate;

(e) against the order of the officer authorized by the Ambassador, the Registrar General.

(2)Any person aggrieved by any order under sub-section (4) of section 15 and section 15A may appeal to the following authorities within 30 (thirty) days of the order, namely:—

(a) against the order of the Upazila Nirbahi Officer, the District Commissioner;

(b) against the order of the District Commissioner, the Registrar General; and

(c) against the order of the Registrar General, the Secretary, Local Government Division.]

§ 21Penalty

1[21. (1) Any person who contravenes any provision of this Act or any rule made thereunder shall be punishable with fine not exceeding five (5) thousand taka.

(2)Notwithstanding anything contained in sub-section (1), if any person provides false information for registration of birth or death or makes any written statement or declaration which he knows to be false or believes to be false, such person shall be punishable with fine not exceeding five (5) thousand taka or with imprisonment not exceeding one (1) year without labor or with both.

(3)Notwithstanding anything contained in sub-section (1), if any Registrar registers birth or death knowing about the false information, written statement or declaration mentioned in sub-section (2), such Registrar shall be punishable with fine not exceeding five (5) thousand taka or with imprisonment not exceeding one (1) year without labor or with both, unless he proves that the offence was committed without his knowledge or that he took all possible measures to prevent the offence.]

§ 22Filing of suit

Any person aggrieved by failure to perform duties under this Act or any Registrar 1[or Registrar General] may file a suit in the court of a Magistrate.

§ 23Power to make rules

The Government may, for the purposes of this Act, make rules by notification in the official Gazette.

§ 24Repeal and savings

(1)The Births and Deaths Registration Act, 1873 (Bengal Act IV of 1873) is hereby repealed.

(2)The provisions of the Births, Deaths and Marriages Registration Act, 1886 (Bengal Act VI of 1886) applicable to registration of birth or death are hereby repealed.

(3)Notwithstanding the repeal under sub-sections (1) and (2), all acts done or actions taken under the repealed Act and provisions shall be deemed to have been done or taken under this Act.