Births and Deaths Registration Act, 1973
- Commenced on 23 March 1973
- [This is the version of this document at 31 December 1996.]
1. Short titleThis Act may be cited as the Births and Deaths Registration Act.
2. InterpretationIn this Act, unless the context otherwise requires—"child" includes an illegitimate child;"district" means any one of the districts into which Zambia shall be divided pursuant to the provisions of this Act;"Registrar" means the person appointed to be Registrar of Births and Deaths for a district and shall include an Acting Registrar;"Registrar-General" means the person appointed to be Registrar-General of Births and Deaths for Zambia and shall include an Acting Registrar-General;"still-born" shall apply to any child which has issued forth from its mother after the twenty-eighth week of pregnancy and which did not at any time after being completely expelled from its mother, breathe or show any other signs of life.
3. DistrictsThe Minister may from time to time by statutory instrument divide Zambia into districts for the purposes of this Act or alter such districts.
4. Appointment of Registrar-General and Registrars, etc.There shall be appointed a Registrar-General of Births and Deaths for Zambia, and a Registrar of Births and Deaths for each district, and, if the Minister so considers necessary, a Deputy Registrar-General of Births and Deaths and an Assistant Registrar-General of Births and Deaths, who shall all be public officers:Provided that in any district in which there is for the time being no Registrar, the Minister may be statutory instrument confer the powers and duties of a Registrar of Births and Deaths under this Act on any person, whether he is a public officer or not.
5. Registration of births and deathsThe birth of every child born and the death of every person dying in Zambia after the commencement of this Act shall be registered in accordance with the provisions of this Act.
6. Prescribed formsEvery person giving notice of the birth of a child born or of the death of a person dying, as the case may be, after the commencement of this Act shall, to the best of his knowledge and ability, give such notice in the prescribed form or forms furnishing therein the prescribed particulars and shall certify to its or their correctness either by signing, or, if he be illiterate, by affixing his mark to the prescribed form or forms upon which notice shall be given.
7. Registrars to forward notices to Registrar-GeneralA Registrar shall sign and forward forthwith by registered post to the Registrar-General all notices of birth or death and all medical certificates of the cause of death received by him.
8. Registers of births and deathsThe Registrar-General shall keep alphabetical registers in the prescribed form—
9. Penalty for failing to give noticeAny person who, being under obligation to give notice of the birth of any child or the death of any person, fails to do so within the period herein provided or refuses or neglects to state any of the particulars in the form prescribed by rules made under the provisions of this Act, or who wilfully gives any false information or particulars for the purpose of registration, shall be guilty of an offence and shall be liable to a fine not exceeding two hundred penalty units or to imprisonment not exceeding one month with or without hard labour, or to both.Provided that no person shall be charged with an offence under this section—
10. Registers may be inspectedAny register in the custody of the Registrar-General shall, upon payment of such fee as may be prescribed, be open to inspection.
11. Certified copies of entriesThe Registrar-General shall, upon payment of such fee as may be prescribed, furnish a certified copy of any entry in any register in his custody.
12. Evidence of certified copiesThe copy of any entry in any register certified under the hand of the Registrar-General, Deputy Registrar-General or Assistant Registrar-General to be a correct copy shall be prima facie evidence in all courts of the dates and facts therein stated.
13. Clerical errors in registers may be correctedThe Registrar-General may, subject to any rules made under this Act, correct any error in any register, but corrections shall be made without erasing the original entry and shall be authenticated by the signature of the Registrar-General.
14. Responsibility for giving notice
15. Notice of birth of illegitimate childNo person shall be bound as father to give notice of the birth of an illegitimate child, and no person shall be registered as the father of such child except on the joint request of the mother and himself and upon his acknowledging himself in writing to be the father of the child in the presence of the Registrar.
16. Notice of birth of abandoned childIf any new-born living child is found exposed after the commencement of this Act, it shall be the duty of the person finding such child and of any person in whose charge it may be placed to give notice of the birth in the prescribed form, furnishing as many of the prescribed particulars as possible to the Registrar of the district in which such child was found.
17. Alteration of name of childWhen the birth of a child has been registered before it has received a name or the name by which it was registered is altered, the parent or guardian of such child may, within two years of the registration on payment of the prescribed fee and on providing such evidence as the Registrar-General may think necessary, register the name or altered name that has been given to the child.
18. Who is to give notice of death
19. Notice by person finding an exposed bodyAny person finding exposed the body of a person and any person taking charge of a body so found and any person causing such body to be buried shall give notice of the death of such person in the prescribed form or forms containing the prescribed particulars to the Registrar of the district in which such body was found, taken charge of or buried, as the case may be, within one calendar month of finding, taking charge of or burying it, as the case may be, or, if the Registrar is satisfied that notice could not be given within the said period and that no undue delay has taken place, then within three calendar months of such finding, taking charge of or burying, as the case may be.
20. PenaltiesAny person who acts in contravention of or fails to comply with any of the provisions of this Act or any rules made thereunder shall, save where some other penalty is expressly provided, be liable to a fine not exceeding four hundred penalty units or to imprisonment for a term not exceeding six months, or to both.[As amended by Act No. 13 of 1994]
22. Repeals and savings
History of this document
23 March 1973
|Births and Deaths Registration (General) (Amendment) (No. 2) Rules, 2004||Statutory Instrument 40 of 2004|
|Births and Deaths Registration (General) (Amendment) Rules, 1990||Statutory Instrument 1 of 1990|
|Births and Deaths Registration (General) (Amendment) Rules, 1996||Statutory Instrument 30 of 1996|
|Births and Deaths Registration (General) (Amendment) Rules, 199S||Statutory Instrument 32 of 1995|
|Births and Deaths Registration (General) (Amendment) Rules, 2004||Statutory Instrument 39 of 2004|