CHAPTER 51 - BIRTHS AND DEATHS REGISTRATION ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Births and Deaths Registration Districts Order

Births and Deaths Registration (General) Rules

Births and Deaths Registration (Aircraft) Rules

BIRTHS AND DEATHS REGISTRATION DISTRICTS ORDER

[Section 3]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Registration districts

[Order by the Minister]

SI 209 of 1973.

1.   Title

This Order may be cited as the Births and Deaths Registration Districts Order.

2.   Registration districts

Zambia is hereby divided, for the purposes of the Act, into districts, the names and boundaries of which shall be identical with those of the administrative districts of Zambia as defined in the Provincial and District Boundaries Act.

BIRTHS AND DEATHS REGISTRATION (GENERAL) RULES

[Section 21]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Rules

PART I
PRELIMINARY

   Rules

   1.   Title

   2.   Interpretation

PART II
PRESCRIBED FORMS AND REGISTERS

   3.   Prescribed forms

   4.   Registers

PART III
BIRTH AND DEATH CERTIFICATES

   5.   Issue of birth and death certificates

PART IV
APPOINTMENT OF REGISTRARS, DEPUTY REGISTRARS AND ASSISTANT REGISTRARS DUTIES OF DEPUTY REGISTRARS AND ASSISTANT

   6.   Appointment of Registrars, Deputy Registrars and Assistant Registrars of Births and Deaths

   7.   Duties of Deputy Registrars

   8.   Duties of Assistant Registrars

   9.   Duality of functions

   10.   General conduct of registration officers

   11.   Statistical returns

   12.   Inspection of registers

PART V
GENERAL PROVISIONS RELATING TO ENTRIES IN REGISTRARS

   13.   Registration in more than one place

   14.   Cancellation of entry space

   15.   Signature by mark or in foreign characters

PART VI
REGISTRATION OF BIRTHS

   16.   Particulars to be registered

   17.   Particulars as at date of birth

   18.   Manner of registration

   19.   Completion of Vital Statistics Form

   20.   Verification of particulars

   21.   Signatures

   22.   Signature of Registrar

   23.   Registration after one month but within twelve months

   24.   Registration after twelve months

   25.   Alteration of name after registration

PART VII
RE-REGISTRATION OF BIRTHS OF LEGITIMATED PERSONS

   26.   Re-registration to be in accordance with section 3 and the Schedule to the Legitimacy Act

PART VIII
BIRTH ENTRIES OF ADOPTED CHILDREN

   27.   Making of birth entry of adopted child

PART IX
REGISTRATION OF STILL-BIRTHS

   28.   Application to still-births of certain provisions relating to births

   29.   Manner of registration

   30.   Entry of nature of evidence of still-birth

   31.   Disposal certificate

   32.   Exposed child

PART X
REGISTRATION OF DEATHS

   33.   Particulars to be registered and certificate of cause of death

   34.   Procedure where medical certificate of cause of death is produced

   35.   Verification of particulars

   36.   Registration of death after inquest

   37.   Registration after twelve months

PART XI
DISPOSAL OF BODIES OF DECEASED PERSONS

   38.   Disposal certificate

   39.   Notification of disposal

   40.   Inquiry in default of notification of disposal

   41.   Exposed body of deceased person

PART XII
REGISTRATION OFFICES

   42.   Registration offices

PART XIII
FEES

   43.   Prescribed fees

   44.   Notice of birth or death on board ship

      FIRST SCHEDULE

      SECOND SCHEDULE

[Rules by the Minister]

Act 13 of 1994,

SI 246 of 1973,

SI 66 of 1982,

SI 1 of 1990,

SI 32 of 1995,

SI 30 of 1996,

SI 101 of 1996,

SI 97 of 1998,

SI 39 of 2004,

SI 40 of 2004,

SI 40 of 2014.

PART I
PRELIMINARY

1.   Title

These Rules may be cited as the Births and Deaths Registration (General) Rules.

2.   Interpretation

In these Rules, unless the context otherwise requires—

“Assistant Registrar” means the registration officer designated as such at a sub-centre by the Minister;

“birth” does not include still-birth;

“Deputy Registrar” means a person designated as such by the Minister to assist a Registrar in the discharge of his functions;

“disposal certificate” means a certificate issued by a Registrar, police officer or magistrate under section 18(6) and (8) of the Act;

“entry” means a record of the particulars relating to a birth, still-birth or death appearing in the appropriate district or central register;

“maiden surname”, in relation to a woman, includes the surname under which she contracted her marriage (or where she has married more than once, her first marriage);

“medical practitioner” means a registered medical practitioner;

“midwife” means a midwife registered under the provisions of the Nurses and Midwives Act;

“name”, in relation to a person, includes all names by which he is known and called;

“nationality of parents” means nationality of the parents at the time of birth or death of the child, as the case may be;

“notification of disposal” means a notification as to the date, place and means of disposal of the body of a deceased person which a person effecting the disposal is required by section 18 (2) of the Act to deliver to the Registrar;

“occupation” includes rank or profession;

“registration office” means part of the District Secretary’s office or other office set aside in the sub-centres for the registration of births and deaths.

PART II
PRESCRIBED FORMS AND REGISTERS

3.   Prescribed forms

The forms set out in the First Schedule are hereby prescribed for the respective purposes mentioned in each form.

4.   Registrars

The Registrar-General shall keep registers of births, still-births and deaths in accordance with the forms prescribed in the First Schedule.

PART III
BIRTH AND DEATH CERTIFICATES

5.   Issue of birth and death certificates

When an application is made by any person to the Registrar-General for a certificate containing particulars of information which has been registered in regard to the birth or death of any person, the Registrar-General shall issue a certificate in the form prescribed for the purpose in the First Schedule:

Provided that, if an applicant wishes to have the shortened form of birth certificate instead of the full form of birth certificate, he may be issued with the shortened form of birth certificate in the form prescribed for the purpose in the First Schedule.

PART IV
APPOINTMENT OF REGISTRARS, DEPUTY REGISTRARS AND ASSISTANT REGISTRARS DUTIES OF DEPUTY REGISTRARS AND ASSISTANT

6.   Appointment of Registrars, Deputy Registrars and Assistant Registrars of Births and Deaths

   (1) All District Secretaries for the existing administrative districts of Zambia shall be deemed to have been appointed Registrars of Births and Deaths for their respective districts.

   (2) All Assistant District Secretaries shall be deemed to have been appointed Deputy Registrars of Births and Deaths for their respective districts:

Provided that, where in any district there are more than one Assistant District Secretary, the Minister shall designate one of the Assistant District Secretaries as Deputy Registrar of Births and Deaths.

      (3) The Minister shall appoint suitable persons as Assistant Registrars of Births and Deaths at the sub-centres.

7.   Duties of Deputy Registrars

   (1) Subject to the provisions of rule 9, a Deputy Registrar may in the absence of a Registrar perform any of the functions of a Registrar under the Act, notwithstanding that his absence may not be unavoidable or occasioned by illness; and a Deputy Registrar shall—

      (a)   carry out any of the duties of a Registrar as may be delegated to him from time to time;

      (b)   register a birth, still-birth or death in respect of which a Registrar acts as informant;

      (c)   call at the offices of Assistant Registrars in his district at fortnightly intervals for the purpose of collecting notices of births and deaths for entry into the district registers and for onward transmission to the Registrar-General.

8.   Duties of Assistant Registrars

It shall be the duty of Assistant Registrars to—

      (a)   assist informants within their areas to complete and sign notices of births, still-births and deaths;

      (b)   issue general receipts for all payments made in respect of births and deaths certificates; and

      (c)   render fortnightly accounts to the Deputy Registrar for all moneys, receipts and documents collected during that period.

9.   Duality of functions

A Registrar shall not register a birth, still-birth or death of which he is an informant.

10.   General conduct of registration officers

   (1) A Registrar, Deputy Registrar or Assistant Registrar shall not, while discharging his official duties with any person attending upon him at his office or otherwise coming into communication with him in his official capacity, transact or attempt to transact or to further the transaction of any business of a private nature, either on his own behalf or on behalf of any other person or body.

   (2) A Registrar, Deputy Registrar or Assistant Registrar shall not, without the express authority of the Registrar-General, publish or communicate to any person, otherwise than in the ordinary course of the performance of his official duties, any information acquired by him while performing those duties.

   (3) A Registrar, Deputy Registrar or Assistant Registrar shall comply with any instruction or direction, whether particular or general, given to him by the Registrar-General in any matter relating to the due performance of his duties.

11.   Statistical returns

Every Registrar or Deputy Registrar shall at such times and in such manner as the Registrar-General may direct send to the Registrar-General such statistical returns concerning births, still- births and deaths as he may require to be extracted from the records kept by such Registrar or Deputy Registrar, as the case may be.

12.   Inspection of registers

Every Registrar, Deputy Registrar or Assistant Registrar shall submit all books and forms in his possession to inspection by any person authorised in that behalf by the Registrar-General and shall, if so required by the Registrar-General, give him a statement as to the books and forms in his possession.

PART V
GENERAL PROVISIONS RELATING TO ENTRIES IN REGISTERS

13.   Registration in more than one place

   (1) A Registrar or Deputy Registrar shall not register a birth, still-birth or death which has already been registered unless the Registrar-General gives his authority so to do.

   (2) Where a birth, still-birth or death is re-registered on the authority of the Registrar-General, the Registrar making the new entry and the Registrar having custody of the register in which the original entry was made shall make such notes (if any) in the margin of the respective entries as the Registrar-General may direct.

14.   Cancellation of entry space

Where, during the registration of a birth, still-birth or death, it becomes necessary to cancel an entry space on the appropriate form or register, the Registrar or Deputy Registrar, as the case may be, shall draw a line in ink through that space before calling upon the informant to certify the entry.

15.   Signature by mark or in foreign characters

Where a person who is required under any provision of these Rules to sign his name in a register or form makes a mark or signs in characters other than those used in the English language, the Registrar shall write against the mark or signature the words “The mark (or signature) of ....................” inserting the name of the person.

PART VI
REGISTRATION OF BIRTHS

16.   Particulars to be registered

The particulars concerning a birth to be registered pursuant to section 6 of the Act shall be the particulars required on Reg-Gen Form No. 14.

17.   Particulars as at date of birth

Subject to the provisions of rule 18, particulars to be recorded in respect of the parents of a child shall be the particulars prescribed in Reg-Gen Form No. 14 appropriate as at the date of birth of the child.

18.   Manner of registration

   (1) On receiving from an informant information of the particulars required by rule 16, the Registrar shall register the birth in the presence of the informant by inserting in Reg-Gen Form No. 14 the particulars required thereon.

   (2) With respect to spaces 1 and 2 (Date of Birth) and (Place of Birth)—

      (a)   if more than one living child is born at a confinement, the Registrar shall enter the time of birth after the date of birth in each entry respectively;

      (b)   if the birth is that of a new-born child found exposed and the date and place of birth are unknown, the Registrar shall enter the words “on or about ..........” and the approximate date of birth followed by the words “Found at .......... on ...........”, with the relevant place and date.

   (3) With respect to space 3 (Names and Surname of Child), the surname to be entered shall be the surname by which at the date of the registration of the birth it is intended that the child shall be known and, if a Christian name is not given, the Registrar shall enter the surname preceded by a horizontal line.

   (4) With respect to spaces 5 and 6 (Names and Surname of Father) and (Occupation of Father)—

      (a)   if after the child’s birth the father acquired a surname different from that borne by him at the date of the birth, the Registrar shall enter the name and surname as at the date of the birth, followed by the acquired surname preceded by the word “now” or, if the father is deceased, by the word “afterwards”;

      (b)   if the child was illegitimate, the Registrar shall not complete space 6 unless the names and surname of a person acknowledging himself to be the father of the child have been entered in space 5 pursuant to section15 of the Act (which makes provision as to the father of an illegitimate child);

      (c)   if the father is deceased, the Registrar shall enter below the particulars in space 6 the word “deceased”;

      (d)   if the father has changed his occupation since the birth of the child, the Registrar shall enter in space 6 after the occupation as at the date of the birth, the occupation as at the date of registration preceded by the word “now”.

      (5) With respect to space 8 (Names and Surname of Mother)—

      (a)   if after the birth of the child the mother acquired by marriage or otherwise a surname different from that borne by her at the date of birth, the Registrar shall enter the name and surname as at the date of the birth, followed by the acquired surname preceded by the word “now” or, if the mother is deceased, by the word “afterwards”;

      (b)   if the child was illegitimate and the mother was engaged before the birth in gainful employment, the Registrar shall enter particulars of the occupation unless, pursuant to sub-rule (4), an entry is made of the father’s occupation.

   (6) With respect to space 12 (Date of Parents’ Marriage)—

      (a)   where the date of parents’ marriage is unknown, the Registrar shall enter the words “on or about ............ ...........”, followed by the approximate date of marriage;

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