Birth, Death and Other Personal Events (Registration) Act, 2033 (1976) E

Birth, Death and Other Personal Events
(Registration) Act, 2033 (1976)
Date of Royal Seal and Publication
2033.7.4 (20 Oct.1976)
Amendments,
1. Birth, Death and Other Personal Events Registration
(First Amendment) Act, 2037 (1980) 2037.5.26 (11 Sept. 1980)
2. Birth, Death and Other Personal Events Registration
(Second Amendment) Act, 2048 (1991) 2048.7.14 (31 Oct. 1991)
3. Amending Some Nepal Acts to Maintain Gender
Equality Act, 2063 (2006) 2063.7.17 (3 Nov. 2006)
Act Number 44 of the Year 2033 (1976)
An Act Made for the registration of the
Birth, Death, Marriage, Divorce and Migration
Preamble: Whereas it is expedient to make legal provisions regarding the registration
and the issuance of certificates of birth, death, marriage, divorce and migration
(change of residence) of person residing in Nepal,
Now, therefore, be it enacted by His Majesty the King Birendra Bir Bikram
Shah Dev on the advice and consent of the Rastriya Panchayat.
1. Short Tile, Extent and Commencement: This Act may be called "Birth,
Death and Other Personal Events (Registration) Act, 2033 (1976)".
(2) It shall extend throughout Nepal.
(3) Section 1 of this Act shall come into force immediately and the
other Sections shall come into force on such date and in such areas as


Government of Nepal, by a Notification published in the Nepal Gazette, may
appoint.
2. Definition: Unless the subject or context otherwise requires, in this Act-
(a) "Personal Event" means birth, death, marriage, divorce and migration
(change of residence) of a person.
(b) 1"Migration" means the change of residence from one Village
Development Committee or Municipality to another Village
Development Committee or Municipality of Nepal or go abroad or come
from abroad for a period of more than Six months.
(c) 2"Registrar" means the Registrar appointed or Registrar designated or
Local Registrar as referred to in Section 3.
(d) "Head of the family" means the senior person who makes arrangement in
the family or a person who takes care of the family.
(e) "Prescribed" or "as prescribed" means prescribed or as prescribed in the
Rules framed hereunder.
3. Registrar and Local registrar: Government of Nepal may, by a Notification
published in the Nepal Gazette, appoint or designate a Registrar and, under
him/her one local Registrar, for each of the Village Development Committee or
Municipality in Nepal.
4. Information Regarding Personal Event: (1) It shall be duty of the
following persons to give information to the Office of the Local Registrar in the
prescribed form for the registration of the personal event within Thirty-Five
days of the occurring of such event in the following circumstance:
(a) Notice of the birth or death, by the head of the family, and
in his/her absence, from amongst one of the ..............3major
member of the family, 1 Amended by First Amendment. 2 Amended by Second Amendment.


(b) 4Notice of marriage by both the husband and wife,
(c) 5Notice of divorce by husband or wife,
(d) Notice of migration by the head of the family in the case
migration of a family and by the person in the case for
migration of an individual.
(2) If any personal event pursuant to Sub-section (1) occurs in abroad, a
person who has a duty to forward such information shall forward it within Sixty
days upon his/her arrival in Nepal.
(3) The person, who has a duty to forward such information of the
personal event pursuant to Sub-section (1), may appoint representative to
forward such information for such registration.
(4) If, there is not a person to forward such information of the birth or
death pursuant to Clause (a) of Sub-section (1), the person so prescribed by
Government of Nepal by a Notification in the Nepal Gazette shall forward such
information.
5. To Register Personal Event: (1) Upon receiving an information pursuant to
Section 4, the Local Registrar shall register such event immediately in the
concerned register, as follows,-
(a) Check out the form submitted and filled by the
person, coming with information to see whether it is
correctly filled or not and if it is not filled correctly
to assist to fill up correctly, and
(b) If the person coming with information is illiterate
and unable to fill in the form, help to fill in or cause
3 Amended by Amending Some Nepal Acts to Maintain Gender Equality Act, 2063 4 Amended by Second Amendment. 5 Amended by Second Amendment.


to fill in the form as mentioned by the person and
take his/her finger prints on it.
(2) The information of divorce shall be registered upon confirming with
the decision of the concerned court.
(3) If the person appears for registration of information of a personal
event with in Thirty-Five days of the expiry of the prescribed period as referred
to in Sub-sections (1) or (2) of Section 4, the Local Registrar shall register the
event upon charging Eight rupees6.
(4) If someone fails to register7 personal event within the time frame as
referred to in Sub-section (3) beside unavoidable circumstances, the Local
Registrar shall punish such person up to Fifty rupees and register such event.
6. To provide Certificate: The Local Registrar shall issue registration
certificate, free of cost, to the concerned person pursuant to Sub-section (1) of
Section 4 after the registration of the information of personal event pursuant to
Section 5.
7. Copy of Certificate may be issued: (1) If the registration certificate so
issued pursuant to Section 6 is lost or damaged due to any reason, the
concerned person shall submit an application to the concerned Local Registrar
Office.
(2) If the content of the application filed pursuant to Sub-section (1) is
found reasonable, the concerned Local Registrar shall issue copy of registration
certificate upon charging prescribed fees.
8. Employee may be deputed to prepare inventory of the Family: (1) If it
is found necessary to prepare inventory of the family for the purpose of
registration of personal event, Government of Nepal may depute employees for
such purpose.
6 Amended by First Amendment. 7 Amended by First Amendment.


(2) The concerned person shall have a duty to provide the details so
requested or answer the questions asked by the employee pursuant to Sub-
section (1).
9.8 Recognition of Registration: The registration certificate issued pursuant to
Section 6 shall be the evidence of occurring the personal event and such
evidence may be submitted in any Office or Court and used in any personal
transaction (activities).
Provided that, if it is proved that a person has received registration
certificate by submitting false details, such registration certificate shall be
revoked.
9A.9 Registered Age, Name and Caste may be corrected free of cost: (1) If
age, name or caste of the child born after the commencement of this Act has to
be corrected after the issuance of the registration certificate pursuant to this Act,
the concerned person may submit an application to the Local Registrar Office in
the prescribed formant within Six months of the issuance of the registration
certificate.
(2) Upon receiving an application pursuant to Sub-section (1), the Local
Registrar shall make an inquiry and may make correction of the age, name or
caste in the registration book and registration certificate free of cost.
(3) The age, name or caste of a person registered in the registration book
and registration certificate pursuant to this Act shall not be corrected under any
other prevailing laws except as provided in this Section.
10. Personal Event Registration Book may be Inspected: If any person is
interested to inspect the Personal Event Registration Book laying in
the.............10 Local Registrar Office, the concerned Registrar may provide
8 Amended by First Amendment. 9 Inserted by First Amendment. 10 Omitted by Second Amendment.


permission to inspect such Registration Book upon charging the prescribed
fees.
11. Record to be Maintained: All the Local Registrar Offices shall send the
details of registered personal event of every month to the Registrar11 as soon as
possible and the Registrar12 shall collect and analyze such details and up to date
the records and publish it every year.
12. 13Duties of Village Development Committee or Municipality: (1) If the
occurrence of personal event to be registered pursuant to this Act comes into its
knowledge, the concerned Village Development Committee or Municipality14
shall provide necessary assistance to the person for the registration of the
information of such event.
(2) The Village Development Committee or Municipality15 shall have a
duty to provide necessary assistance to the deputed employee or the Local
Registrar to carry out the functions pursuant to this Act or Rules framed
hereunder.
13. Penalties: (1) A person who fails to provide the details or answer the question
pursuant to Sub-section (2) of Section 8 shall be liable for a fine up to Fifty
Rupees.
16(2) If someone provides false information of an event to harass any
other person or for a personal gain and if it is so proved, such a person shall be
liable for a fine up to One Hundred Rupees or an imprisonment up to One
month or the both and such a registration if any, shall be revoked accordingly.
(3) If someone destroys information form or registration book or family
list laying in his/her custody intentionally or uses for personal gain or illegal
11 Amended by Second Amendment. 12 Amended by Second Amendment. 13 Amended by Second Amendment. 14 Amended by Second Amendment. 15 Amended by Second Amendment. 16 Amended by First Amendment.


purpose, he/she shall be liable for a fine from Three Hundred Rupees to Six
Hundred Rupees or an imprisonment up to Three months or the both.
17(4) If someone obstructs or prevents or misguides to any other person
who is appearing for the registration of the personal event, he/she shall be liable
for a fine up to Two Hundred Rupees in maximum.
14. Government of Nepal to be the Plaintiff: Government of Nepal shall be
the plaintiff in a case under Section 13 of this Act.
15. Adjudicating Authority and Procedure: (1) The Chief District Officer
shall have powers to proceed and decide the cases as referred to in Section 13.
(2) The Chief District Officer shall follow the procedures as referred to
in the Special Court Act, 205918 in the process and disposal of lawsuits filed
pursuant to Sub-section (1).
(3) An appeal against the decision of the Chief District Officer may be
filed before the Court of Appeal19.
16. Power to remove difficulties: If any difficulty arises in connection with the
implementation of this Act, Government of Nepal may issue order to remove
such difficulty by a Notification published in the Nepal Gazette.
17. Power to Frame Rules: (1) Government of Nepal may frame necessary
Rules in order to implement the objectives of this Act.
(2) Without prejudice to the generality of the powers conferred by Sub-
section (1), such Rules may provide for the following matters in particular:
(a) Relating to the format of personal event information form
or registration book of the Local Registrar Office20 to be
filled pursuant to this Act,
17 Inserted by First Amendment. 18 Altered by Special Court Act, 2059. 19 Altered by Administration of Justice Act, 2048.
20 Amended by Second Amendment.


(b) Relating to the registration certificate of the personal event,
(c) Relating to the copy of the registration certificate and
inspection fees of the registration book of the personal
event,
(d) Relating to the particulars of the family details or the format
of questionnaire,
(e) Relating to Correction of details,
(f) Relating to Registration of the name of the Child and
making changes in the registered name.


Note:-
This Act came into force in the following districts from the following date:
A. This Act has come into force in Ten districts Jhapa, Rahautat, Morang,
Kathmandu, Saptari, Kapilvastu, Mahottari, Banke, Sarlahi and Kanchanpur
from 2034/1/1 (Nepal Gazette: 2033/12/29).
B. This Act has come into force in Four districts Bara, Parsa, Dhanusa and
Sunsari from 2035/10/1 and Two Districts Rupandehi and Nawalparasi from
2035/12/1 and Four districts Chitawan, Makawanpur, Bardia and Kailali from
2036/1/1 (Nepal Gazette: 2035/8/26).
C. This Act has come into force in Three districts Lalitpur, Bhaktapur and Surkhet
from 2036/12/1 and Three districts Kavreplanchowk, Kaski and Palpa from
2036/1/1 (Nepal Gazette: 2036/11/1).
D. This Act has come into force in Three districts Tanahu, Nuwakot and Dhading
from 2037/9/1 and Two Districts Dhankuta and Ilam from 2037/10/1 and Jumla
from 2037/12/1 (Nepal Gazette: 2037/7/25).
E. This Act has come into force in Gorkha district from 2038/8/1, Sidhuli and
Udayapur districts from 2038/9/1, Syangja district from 2038/10/1,
Sindhupalchok district from 2038/11/1 and Rasuwa district from 2038/12/1
(Nepal Gazette: 2038/8/1).
F. This Act has come into force in Panchthar, Taplejung, Terathum, Bhojpur,
Sankhuwasava, Solukhumbu, Okhaldhunga, Khotang, Ramechhap, Dolakha,
Lamjung, Manang, Myagdi, Baglung, Parbat, Mustang, Arghakhachi, Gulmi,
Puythan, Salyan, Rolpa, Rukum, Dolpa, Mugu, Humla, Kalikot, Jajarkot,
Dailekha, Achham, Doti, Bajura, Bajhang, Darchula, Baitadi and Dadeldhura
district from 2047/1/1 (Nepal Gazette: 2046/12/6).