The Goa Reconstruction of Registers and Records Act, 2005

The Goa Reconstruction of Registers and Records Act, 2005
(Goa Act 5 of 2005) [17-2-2005]

AN
ACT

to lay down the procedure for reconstruction of spoilt registers and
records kept and maintained under certain statutes.

Be it enacted by the Legislative Assembly of Goa in the Fifty-fifth
Year of the Republic of India as follows:—

1.Short title, and commencement.— (1) This Act may be called
the Goa Reconstruction of Registers and Records Act, 2005.

(2) It shall come into force at once.

2.Definitions.— In this Act, unless the context otherwise requires,—

(a) “Chief  Registrar”  means  an  officer  authorized  by  the
Government to exercise the powers and performs the duties of the
Chief Registrar under this Act;

Synopsis
Officers Notified: The Government vide Notification No. 8/13/2018-

LD(Estt)&(I)/1303 dated 20-7-2018 published in the Official Gazette
Series-I No.17 dated 26-7-2018 notified that following officers shall
exercise  the  powers  and perform the duties  of  the  Chief  Registrar
under the Act, in their respective jurisdiction :

Sr. No. Designation of Officers Department
(1) (2) (3)

1. State Registrar Registration Department.
2. Director of Panchayats Directorate of Panchayats.

3.
Director  of  Municipal
Administration

Directorate  of  Municipal
Administration.



(b)“Government” means the Government of Goa;

(c) “guardian” means a person having the care of a minor or of
his property, or of both his person and property;

(d)“minor” means a person who, under the provisions of the India
Majority Act, 1875 (Central Act 9 of 1975), is to be deemed not to
have attained his majority;

(e) “Official Gazette” means the Goa Government Gazette;

(f) “prescribed” means prescribed by rules made under this Act;

(g)“Registrar” means an officer authorized by the Government to
exercise the powers and perform the duties of the Registrar under
this Act;

Synopsis
Officers Notified: The Government vide Notification No. 8/13/2018-

LD(Estt)&(I)/1302 dated 20-7-2018 published in the Official Gazette
Series-I No.17 dated 26-7-2018 notified that following officers shall
exercise the powers and perform the duties of the Registrar under the
Act, in their respective jurisdiction :

Sr.
No.

Designation of Officers Department/Authority

(1) (2) (3)

1. District Registrar
Registration 
Department.

2. Deputy Director of Panchayats
Directorate of 
Panchayats.

3.
Deputy Commissioner of the 
Corporation of the City of

Corporation of the City 
of Panaji.

Panaji

4. Chief Officer of Municipality
Concerned 
Municipality.

(h)“register” means:—



(i)the birth or death register required to be kept and maintained
under the Civil  Registration Code or  the Registration of  Births
and Deaths Act, 1969 (Act 18 of 1969), as the case may be; or

(ii)the register of marriages or the register of firms, required to
be kept and maintained under the relevant laws for the time being
in force relating to registration of marriages or firms, as the case
may be, or any other register or document kept and maintained
under the Registration Act, 1908 (Act 16 of 1908);

(i) “spoilt register” includes any register, document, part register,
entry  or  part  of  any  entry  therein  which  is  found,  for  whatever
reasons, to be damaged, destroyed, obliterated, rendered illegible or
totally lost so that authentic copies therefrom cannot be issued for
evidentiary purposes;

3. Reconstruction of  spoilt  registers  and records  relating to
births and deaths.—  (1) Any person who, having applied to the
authorities  competent  to  grant copies  from  the  birth  or  death
registers has failed to obtain the same by reason of such birth or
death register, as the case may be, having become a spoilt register,
may apply to the Registrar in the prescribed form, for reconstruction
of such spoilt register:

Provided that if such a person is a minor, the application shall be
made by his guardian.

(2)On receipt of an application under sub-section (1), the Registrar
shall conduct an enquiry in the manner prescribed and submit a report
thereof to the Chief Registrar alongwith his recommendation within
the prescribed period.

(3)If the Chief Registrar, on consideration of the report submitted
by the Registrar  under sub-section (2),  is  satisfied that the relevant
spoilt  register  has  to  be  re-constructed,  then  he  shall,  within  the
prescribed period, direct the Registrar to re-construct the whole or any



part  of  the  spoilt  register  in  the  manner  prescribed  and  the  spoilt
register shall accordingly be reconstructed and the copy referred to in
sub-section (1) shall be granted to the applicant within the prescribed
period.

(4) The fees payable for reconstruction of a spoilt register under
this section shall be as prescribed and shall be paid in the prescribed
manner.

Synopsis
(i) Form prescribed: Application to be made in Form-I annexed

to the Goa Reconstruction of Registers  and Records Rules,
2008.

(ii) Procedure for making an enquiry: Procedure to conduct the
Enquiry by the Registrar is provided under Rules 4 of the Goa
Reconstruction of Registers and Records Rules, 2008

(iii) Period  prescribed:  Rules  3  of  the  Goa  Reconstruction  of
Registers and Records Rules, 2008 provide that the Registrar
to submit its report to the Chief Registrar within a period of 15
days . Further Rules 6 of the said Rules provided that the Chief
Registrar shall take a decision in the matter within a period of
10 days.

4.Reconstruction  of  spoilt  registers  and  records  relating  to
marriages,  firms  or  any  other  register  or  document  under  the
Registration Act, 1908.— The procedure for reconstruction of spoilt
registers  and  records  relating  to  births  and  deaths  as  specified  in
section 3, shall, mutatis mutandis, be applicable for the reconstruction
of spoilt registers and records relating to marriages, firms or any other
register  or  document  under  the  Registration  Act,  1908  (Act  16  of
1908):

Provided that  an application for  reconstruction under this  section
shall  be  made  to  the  Sub-Registrar  of  the  respective  jurisdiction
appointed under the Registration Act, 1908 (16 of 1908) who shall



submit his report to the District Registrar, appointed under the said
Registration Act, 1908 (16 of 1908).

5. Power to make rules.— The Government may, by notification in
the Official Gazette, make rules to carry out the purposes of this Act.

Synopsis
Rules :  The Government has notified the Goa Reconstruction of
Registers and Records Rules, 2008.

6.Validity.— The registers and or records reconstructed under the
provision of this Act shall have the same validity for all purposes as
the original registers and or records kept and maintained under the
relevant statutes.

7. Repeal  and  saving.—  (1)  On  and  from  the  date  of
commencement of this Act, Articles 78 to 88 of the Codigo do Registo
Civil do Estado da India approved by Decree dated 9-11-1912 shall
stand repealed.

(2)Notwithstanding such repeal, anything done or any action taken in
exercise of any power conferred by or under the said Articles shall be
deemed to  have been done or  taken in  the  exercise  of  the  powers
conferred by or under this Act as if this Act were in force on the day
on which such thing or action was done or taken.

Secretariat Annexe, V. P SHETYE,
Panaji-Goa. Secretary to the Government of Goa,

Dated: 22-2-2005.
Law, Judiciary and Legislative 

Affairs Department