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Law on Registration of Population Records - 1955

LAW FOR REGISTRATION


OF POPULATION RECORDS


20 JADI 1334


PART ONE


CHAPTER ONE: THE REGISTRATON OF THE PEOPLE


  1. PERSONS WHO SHALL CARRY IDENTITY PAPERS (TAZKIRA)

ARTICLE 1: All male subjects of the Government of Afghanistan, whether resident in Afghanistan or abroad, shall, within one year of the date of this act, refer to the relevant registration offices, or the XXXX or consulates of Afghanistan abroad and shall register their name and shall obtain a Tazkira. Persons who fail to comply with this shall be subject to punishment in accordance with the provisions of Article 24 of this Act.


  1. PERSONS WHO SHALL SUPPLY INFORMATION TO THE COMPETENT AUTHORITIES CONCERNING THE REGISTRATION OF THE AFGHAN NATIONALS

ARTICLE 2: The parents or relatives of the following persons:


  1. Boys from birth to the age of 18;
  2. Male persons who are sick or crippled.

When the above persons have no parents or relatives, or when their parents or relatives are also unable to move, the local authorities shall go to their residence to register them.


  1. PLACES FOR REGISTRATION

ARTICLE 3: The places for registration shall be appropriate departments of census or the special delegations appointed by the registration department for registration during specific periods.


ARTICLE 4: The census departments shall register the names of persons who refer to them in special registration records and shall XXXX the particulars of each persons on a special form (a specimen of which is attached with the Regulations for the Registration XXXX). These forms shall be forwarded to the regional administrative headquarters. The authorities at the regional headquarters shall record the XXXX of the forms in their register and shall forward them to the provincial centers. The provincial centers shall, in turn, record the contents of the forms in their census registers and shall forward the forms to the director general of census registration at the Ministry of Interior of Kabul.


ARTICLE 5: When a person, who has not been registered, is absent from the place of his normal residence, he shall refer to any competent registration bureau


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for registration. The bureau shall enter the particulars of this person on the above form and shall forward it directly to the director general of census registration at the Ministry of Interior without entering the contents in the local register of the bureau.


ARTICLE 6: The directors of prisons, hospitals, and camps shall forward the particulars of their inmates to the competent authorities.


ARTICLE 7: Persons who do not have a place of permanent residence shall register at the place of their current residence.


ARTICLE 8: All persons shall apply for registration by filing printed application forms.


ARTICLE 9: When there is no registration bureau, the inhabitants of the region shall forward their applications to the competent registration office in their area. Such applications shall contain the following:


  1. A photograph of the applicant
  2. First name and family name
  3. District
  4. Address of permanent residence
  5. Date of birth
  6. Place of birth
  7. Complexion
  8. Marital status
  9. Number of children
  10. Status of the national military service

ARTICLE 10: The registration office concerned shall make the necessary inquiries about the applicant and in case of any doubt, further official investigations shall be conducted in the village of the applicant.


CHAPTER TWO: REGISTRATION OF

BIRTHS AND DEATHS


  1. BIRTH REGISTRATION

ARTICLE 11: From the date of this act, all births shall be registered at the bureau where the father of the child is registered.


ARTICLE 12: The report of a child’s birth shall be forwarded by the parents of the child, or by the relative of the child when there are no parents, or by the village heads or local authorities when there are no relatives.


NOTE: Parents are persons who undertake the rearing of a child.


ARTICLE 13: When a child is born outside his place of normal residence, the provisions of Article 5 above shall be observed. When a child has no place of permanent residence, the provisions of Article 7 above shall be observed.


  1. DEATH REGISTRATION

ARTICLE 14: Parents and relatives shall report all cases of death to the village heads or local authorities who shall report to the relevant registration bureau or municipality on special printed forms obtainable from the registration department. The forms shall be filled out in accordance with the instructions contained in the Regulations for Registration Bookkeeping, and shall be forwarded together with the passport of the deceased. When a deceased persons has no parents or relatives, the village head or other local authorities shall be responsible for reporting the death.


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CHAPTER THREE: REPORTING CHANGE

OF RESIDENCE


ARTICLE 15: When a persons wishes to change his place of permanent residence or wished to take temporary residence at another place for a period exceeding six months, that persons shall report the change to the relevant registration bureaus. In cases of failure that persons shall be subject to punishment in accordance with the provisions of Article 30 of this Act.


ARTICLE 16: Persons who provide their houses for the residence of others through renting, mortgage or for free, and persons who sell their houses, and persons who receive their relatives or friends in their houses as guests for a period exceeding two months shall XXXX to the relevant registration bureau. Persons who fail to report shall be subject to punishment in accordance with the provisions of Article 31 of this Act.


ARTICLE 17: The change of residence shall be recorded by the relevant registration bureau in its books as well as on the Tazkira of the bearer.


CHAPTER FOUR: REGISTRATION OF POPULATION

OUTSIDE THE COUNTRY


ARTICLE 18: Registration of Afghan nationals in foreign countries shall be place as above and in accordance with the provisions of this Act by the relevant embassies, legations, and consulates of Afghanistan.


ARTICLE 19: The relevant embassies, legations, had consulates of Afghanistan shall report to the director general of census registration at the Ministry of Interior the place of residence of Afghan nationals abroad.


PART TWO


CHAPTER ONE: ADMINISTRATION


ARTICLE 20: The administration procedures and the duties of the authorities in connection with the census registration of the Ministry of Interior shall be published in detail in two volumes. One volume shall deal with the duties and responsibilities of the authorities and employees of the census department; and the other shall consist of the census department and the other shall consist of the regulations for bookkeeping and registration procedures.


CHAPTER TWO: REGISTRAR BOOKS AND FORMS

FOR REGISTRATION OF POPULATION RECORDS


ARTICLE 21: The following registration documents shall be provided for the subjects of the Afghan Government.


  1. Registration of personal data
  2. Birth certificate
  3. Marriage certificate
  4. Death certificate
  5. Registration of crimes
  6. Certificate of disability.

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The certificate of registration of personal data shall contain the following particulars:


  1. Serial member
  2. Date
  3. Photograph
  4. Province
  5. Region
  6. District
  7. Village
  8. Street and number
  9. Full name
  10. Name of father
  11. Age
  12. Date and place of birth
  13. Marital status
  14. Occupation
  15. Property
  16. Educations background
  17. Knowledge of foreign languages
  18. Complexion
  19. Number of dependents and the names of sons and the numbers of their passports
  20. Disability
  21. Communicable diseases
  1. Crimes, misdemeanors, bankruptcy, and prison terms
  1. Military service status
  1. Space for future health and other social change reports
  1. Minor accidents

The birth certificate shall contain the following items:


  1. Province, region, district, and village
  2. Full name of the child
  3. Sex
  4. Date and place of birth
  5. Name of father
  6. Profession of father
  7. Age of father
  8. Address of father
  9. Number of passport of father
  10. Signature of the regional officer or the village head

The marriage certificate shall contain the following items:


  1. Province, regions, district, and village
  2. Name of the man and women
  3. Names of the fathers of the man and woman
  4. Number and date of marriage certificate
  5. Marital status of the couple prior to their present marriage
  6. Profession of the man
  7. Places of birth of the couple
  8. Dates of birth of the couple
  9. Tazkira number of the man
  10. Name, name of father, Tazkira number, and signature of the regional officer or the village head
  11. Name, name of father, Tazkira number, and signature of the father or the witness
  12. Name, name of father, Tazkira number, and signature of the priest
  13. Name, name of father, Tazkira numbers, and signatures of the two witnesses of the marriage ceremony and the two representative witnesses of the father.

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NOTE: Marriage shall be reported by the municipal authorities or village heads who are present at the marriage.


The death certificate shall contain the following items:


  1. Province, region, district, and village
  2. Date
  3. Full name of the deceased
  4. Name of the father of the deceased
  5. Registration number and the numbers of the book and its pages
  6. Address of the deceased
  7. Age of the deceased
  8. Nationality of the deceased
  9. Occupation of the deceased
  10. Date and the cause of death
  11. Marital status of the deceased
  12. Sex of the deceased
  13. Tazkira number of the deceased, if male
  14. Names, names of fathers, address, Tazkira numbers and signatures and seals of the father, relatives, witnesses, and funeral service man. Four signatures shall be required.
  15. Signatures and seals of the village head, the regional officer, the census secretary, and the governor of the district.

The certificate of disability shall contain the following information:


  1. Province, region, district, and village
  2. Name
  3. Name of father
  4. Address
  5. Types of disability
  6. Names, names of fathers, addresses, Tazkira numbers and signatures or seals of the father, relatives, or other witnesses (four signatures altogether)
  7. Signature or seal of the village head
  8. The regional officer

The registration of crimes shall contain the following items:


  1. Province, region, district, and village
  2. Name of the criminal
  3. Name of father
  4. Date of birth
  5. Place of birth
  6. Age
  7. Occupation
  8. Tazkira number
  9. Photograph
  10. Place of registration at the census department
  11. Type of crime
  12. Nationality
  13. Marital status
  14. Is the criminal literate or illiterate
  15. Criminal background
  16. Place of crime (city or village)
  17. Crimes was committed at night or during the day
  18. Reasons for the crime
  19. Sentence received
  20. Certification of the pertinent departments

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NOTE: Reports concerning crimes shall be forwarded by the gendarme command in the cities or provinces or by the central gendarme command at the Ministry of Interior.


ARTICLE 22: The information recorded on the above documents shall be completely carried in the following registers:


  1. The census register of personal information
  2. The register of births
  3. The register of marriages
  4. The register of deaths
  5. The register of disabilities
  6. The register of crimes

CHAPTER THREE


ARTICLE 23: Transactions concerning Tazkira shall be subject to the Law of Population Identity Papers for the Subjects of the State of Afghanistan.


PART THREE


CHAPTER ONE: FIXING PUNISHMENT


ARTICLE 24: Persons who fail to register with the relevant registration bureau within the period specified in Article 1 of this Act shall be subject to a term of imprisonment with hard labor for one month. Such persons shall be also subject to the punishments outlined in the Law of Identity Papers for the Subjects of the Government of Afghanistan.


ARTICLE 25: Any official of the registration departments who conducts the affairs of any person who does not possess a Tazkira shall be subject to a fine of Afghanis 500 for the first time and to imprisonment for a period of one year for the second time.


ARTICLE 26: After the period stated in Article 1 of this Act, the government departments, national organizations, commercial organizations and other similar institutions, shops, apartments, etc., shall not employ persons who do not possess Tazkira as employees, workers, or in any other capacity. In case of failure to comply with the provisions of this Article, the government officials shall be fined for a sum amounting to one week of their salaries for the first time and for a sum amounting to one week of their salaries for the second time; the directors of other organizations who employ a persons without a Tazkira shall be fined Afghanis 250 for the first time and Afghanis 500 for the second time.


ARTICLE 27: Any official who forges a census registration or Tazkira, or issues a Tazkira which varies with the information recorded in the official register, or issues a Tazkira and fails to enter it in the official register shall be subject to one and fails to enter it in the official register shall be subject to one year’s imprisonment.


ARTICLE 28: When a census record is inaccurately recorded, the responsible official shall be fixed one month’s pay for the first time and shall be dismissed from the service for the second time.


ARTICLE 29: When a persons who has been fined in accordance with the above provisions fails to make payment within one month of the date of the fine, he shall be subject to one day in prison for each 10 Afghanis due from him.


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ARTICLE 30: When a persons changes his residence permanently or for a temporary period exceeding six months and fails to report in accordance with the provisions of Article 15 above, he shall be subject to the payment of a fine of Afghanis 100.


ARTICLE 31: Persons who fail to comply with the provisions of Article is above shall e subject to the payment of a fine of Afghanis 100.


CHAPTER TWO: PUNISHMENT AUTHORITIES


ARTICLE 32: The punishments stated above shall be ordered by Administrative Courts (Civil Service Courts, Councils of Provisions and Cities, Councils of Ministries, and councils of the independent department) irrespective of the offender being a government employee or not.


ARTICLE 33: The Ministry of Interior shall be responsible for the execution of this Act.


ARTICLE 34: This Act shall become effective from the date of publication.


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