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Births and Deaths Registration Act 1957

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299

Incorporating all amendments up to 1 January 2007

First enacted ... ... ... ... ... ...

1957 (Ordinance No. 61 of 1957)

Revised ... ... ... ... ... ... ...

1983 (Act 299 w.e.f. 19 January 1984)

Date of coming into operation ... ...

1 August 1958

ACT 299 
BIRTHS AND DEATHS REGISTRATION ACT 1957 

Part I PRELIMINARY

SECTION

1.Short title and application

2.Interpretation

3.Appointment of officers

4.Provision and maintenance of registers

4a.Where records missing, re-registration permitted

5.Annual reports

6.Registers not to be open to public inspection

Part II REGISTRATION OF BIRTHS

SECTION

7.Particulars of births to be registered

8.Information concerning birth to be given to Registrar withinfourteen days

9.Information concerning finding of new-born child to be givento Registrar within fourteen days

10.Special provision as to registration of still-birth

11.Delayed registration

12.Authority of Registrar-General required for late registration

13.Provisions as to father of illegitimate child

13a.Surname of child

14.Certificate of birth

15.Registration of name of child or of alteration of name

16.Registration of objectionable or undesirable names

17.Re-registration of births of legitimated persons

Part III REGISTRATION OF DEATHS

SECTION

18.Particulars of deaths to be registered

19.Information concerning death

20.Delayed registration

21.Authority of Registrar-General required for late registration

22.Duty of medical practitioner as to certification

23.When post-mortem examination is held

24.Duty of Coroner or Magistrate holding inquiry to forward copy of finding

25.Certificate of death

Part IV GENERAL

SECTION

26.Registers to be forwarded to Superintendent-Registrar and Registrar-General

27.Correction of errors and alteration in register

28.Duty of Superintendent-Registrar and Registrar to procure registration

29.Omitted or Deleted Section

Part IV GENERAL

Chapter Searches and Certificates

SECTION

30.Indices

31.Searches

SECTION

32.Issue of Certificates of Birth and Certificates of Death

33.Entry in register as evidence of birth or death

Part IV GENERAL

Chapter Offences

SECTION

34.Offences relating to registers

35.Penalties for failure to give information, etc.

36.Penalty for false information, false entry, or destruction of entry

SECTION

36a.Public servants

37.Authority for prosecution

37a.Prosecutions

37b.Power to hold inquiries

38.Power to compound offences

39.Rules

40.Sending documents by post

41.Savings, etc.

42.Repeal

Schedule

An Act relating to the registration of births and deaths.

[1 August 1958]

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/1.Short title and application

Part I PRELIMINARY

1. Short title and application

(1) This Act may be cited as the Births and Deaths Registration Act 1957.

(2) This Act shall apply to West Malaysia only.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/2.Interpretation

2. Interpretation

In this Act, unless the context otherwise requires--

"Certificate of Birth"

means a certificate issued pursuant to section 14 or subsection32(1);

"Certificate of Death"

means a certificate issued pursuant to section 25 or subsection32(1);

"house"

includes a public institution;

"indices"

means the indices of entries in the register;

"occupier"

includes the keeper, master, matron, superintendent or other chief officer of a public institution, and, where a house is let in separate apartments or lodgings, includes any person residing in such house who is the person under whom such separate apartments or lodgings are immediately held or his agent;

"public institution"

includes prison, lock-up, mental hospital, hospital and any other public or charitable institution;

"register"

means any register required to be kept under the provisions of this Act and includes--

(a) any register of births and deaths kept or required to be preserved under any written law repealed by this Act;

(b) all documents recording particulars of births and deaths and books of record compiled therefrom in existence upon the coming into force of this Act and in the custody of the Registrar-General or of any other public officer;

(c) any new register reconstituted under subsection4(3); and

(d) any microfilm or computer tape made in pursuance to subsection 4(4). 

"registered medical practitioner"

has the same meaning as in the Medical Act 1971 [Act50];

"registered midwife"

means any person duly registered as a midwife under any law for the time being in force relating to the registration of midwives;

"the Registrar"

means a Registrar of Births and Deaths appointed under this Act and when used in relation to any birth or death means the Registrar whose duty it is to register particulars of such birth or death;

"Registrar-General"

means the Registrar-General of Births and Deaths appointed under the provisions of this Act;

"registration area"

means the area for which a Registrar is appointed and when used with reference to a Superintendent-Registrar means the registration areas for which such Superintendent-Registrar is appointed;

"relative"

includes a relative by marriage;

"still-born" and "still-birth"

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;

"the Superintendent-Registrar"

means a Superintendent-Registrar of Births and Deaths appointed under this Act and when used in relation to any Registrar means the Superintendent-Registrar for the area wherein the registration area of such Registrar is situate;

*"West Malaysia"

has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/3.Appointment of officers

3. Appointment of officers

(1) The Yang di-Pertuan Agong may appoint a public officer to be Registrar-General of Births and Deaths for Malaysia, who shall be responsible for carrying out the provisions of this Act and shall have general charge and supervision of all registers and all indices and of all matters done or performed under this Act.

(1a) The Yang di-Pertuan Agong may appoint a public officer to be Deputy Registrar-General of Births and Deaths for Malaysia, who may, subject to any general or special directions of the Registrar-General, exercise any of the powers of the Registrar-General under this Act, and who shall, in the absence of the Registrar-General or if so directed by him, perform the duties and functions of the Registrar-General thereunder.

(1b) The Yang di-Pertuan Agong may appoint a public officer to be Assistant Registrar-General of Births and Deaths for West Malaysia who may, subject to any general or special directions of the Registrar-General, exercise any of the powers of the Registrar-General under subsection4(3), sections 4A and 5, subsection 12(1), sections 15, 16, 17, 21, 27, subsections 32(3), 32(4), paragraph 33(2)(b), sections 37band 38 of this Act and all the powers under this Act conferred on the Superintendent-Registrar or the Registrars.

(2) The Registrar-General may appoint--

(a) one or more public officers as he may consider necessary by name or office to be Superintendent-Registrars of Births and Deaths for each registration area;

(b) one or more persons, whether public officers or not, by name or office to be Registrars of Births and Deaths for each registration area; and

(c) such other officers as he may consider necessary for the purpose of performing the several duties prescribed by this Act:

Provided that the power conferred under this subsection shall be deemed to have come into force on 1 August 1958. 

(3) The Registrar-General may exercise the powers of any Superintendent-Registrar or any Registrar and a Superintendent-Registrar may exercise the powers of any Registrar within the registration area of such Superintendent-Registrar.

(4) The Registrar-General may delegate by writing under his hand any of his powers under this Act (except this power of delegation) to any Superintendent-Registrar or any officer appointed under paragraph (2)(c) subject to such conditions and limitations as he may specify inthe instrument of delegation:

Provided that the Registrar-Generalmay exercise any powers under this Act notwithstanding any delegationby him under this section.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/4.Provision and maintenance of registers

4. Provision and maintenance of registers

(1) The Registrar-General shall cause to be provided and maintained asufficient number of registers in the prescribed form for the recordingof births and deaths.

(2) Such registersshall be kept in duplicate. One copy shall be kept by the Registrar-Generaland the second copy shall be kept by the Superintendent-Registrarof the area to which the register relates.

(3) The Registrar-Generalmay cause the entries of any register found to be damaged, mutilatedor illegible to be transferred to a new register.

(4) The Register-Generalmay--

(a) cause anyor all registers to be photographed on microfilms; or

(b) cause particularsin any or all registers to be recorded on computer tapes, 

subject to such precautions as he may deem necessary in theinterests of its safety and privacy of the information contained therein.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/4a.Where records missing, re-registration permitted

4a. Where records missing, re-registration permitted

Where, in the case of any person whose birthhas been registered in West Malaysia but records of such registrationare for any reason whatsoever missing or destroyed and from the evidenceadduced, the Registrar-General is satisfied of the occurrence of suchbirth and other particulars relating to it the Registrar-General maycause such birth to be re-registered.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/5.Annual reports

5. Annual reports

The Registrar-General shall, within suchperiod after the expiration of every year as may from time to timebe prescribed, compile--

(a) a summaryof the births and deaths of the preceding year; and

(b) a generalreport on the increase or decrease of the population and on any specialcauses appearing to affect such increase or decrease, so far as thesame can be adduced from the registers. 

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/6.Registers not to be open to public inspection

6. Registers not to be open to public inspection

Registers and indices shall not be open toinspection by the public.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/7.Particulars of births to be registered

Part II REGISTRATION OF BIRTHS

7. Particulars of births to be registered

(1) Subject to the provisions of this Part, the birth of every childborn in Malaysia shall be registered by the Registrar for the registrationarea in which the child was born by entering in a register in duplicatein manner prescribed such particulars concerning the birth as maybe prescribed; and different registers shall be used and differentparticulars may be prescribed for live-births and still-births respectively:

Provided that, where a living child is found exposed and noinformation as to the place of birth is available, the birth shallbe registered by the Registrar for the registration area in whichthe child is found.

(2) The followingpersons shall be qualified to give information concerning a birth,that is to say--

(a) the fatherof the child;

(b) the motherof the child;

(c) the occupierof the house in which the child was to the knowledge of that occupierborn;

(d) any personpresent at the birth; and

(e) any personhaving charge of the child. 

(3) In the caseof a child of the Chinese race the Registrar may, after entering inthe register the prescribed particulars of such child, permit a qualifiedinformant to insert in such manner as may be prescribed the name ofsuch child and the name of the father and mother of such child inChinese characters.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/8.Information concerning birth to be given to Registrar withinfourteen days

8. Information concerning birth to be given to Registrar withinfourteen days

It shall be the duty of every qualified informantto give to the Registrar, before the expiration of a period of fourteendays from the date of the birth, the prescribed information concerningthe birth and in the presence of the Registrar to sign the register:

Provided that the giving of information and the signing ofthe register by any one qualified informant shall act as a dischargeof any duty under this section of every other qualified informant.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/9.Information concerning finding of new-born child to be givento Registrar within fourteen days

9. Information concerning finding of new-born child to be givento Registrar within fourteen days

Where any living new-born child is foundexposed, it shall be the duty of the person finding the child, andof any person in whose charge the child may be placed, to give tothe best of his knowledge and belief to the Registrar, before theexpiration of fourteen days from the date on which the child was found,such information of the particulars required to be registered concerningthe birth of the child as the informant possesses, and in the presenceof the Registrar to sign the register:

Provided thatthe giving of information and the signing of the register by any oneof the said persons shall act as a discharge of any duty under thissection of any other of them.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/10.Special provision as to registration of still-birth

10. Special provision as to registration of still-birth

Any qualified informant giving informationto the Registrar of the particulars required to be registered concerninga still-birth shall upon giving that information either--

(a) deliver tothe Registrar a written certificate signed by a registered medicalpractitioner or a registered midwife who was in attendance at thebirth or who has examined the body of the child that the child wasnot born alive; or

(b) make a declarationin the prescribed form to the effect that no registered medical practitioneror registered midwife was present at the birth or has examined thebody and that a certificate of a registered medical practitioner ora registered midwife cannot be obtained and that the child was notborn alive. 

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/11.Delayed registration

11. Delayed registration

(1) Where after the expiration of fourteen days and before theforty-third day from the date of birth or still-birth of a child applicationis made to register the particulars of such birth the Registrar mayon payment of the fee prescribed for delayed registration, registerthe particulars prescribed.

(2) Informationconcerning a living new-born child found exposed shall if suppliedduring the period mentioned in subsection(1) above be registered by the Registrar without fee.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/12.Authority of Registrar-General required for late registration

12. Authority of Registrar-General required for late registration

(1) Where, after the expiration of forty-two days from the date of the birth or any child or from the date when any living new-born child is found exposed, the birth of the child has not been registered, the birth shall not be registered except with the written authority of the Registrar-General and in such manner and subject to such conditions as may be prescribed for late registration, and the fact that the authority of the Registrar-General has been obtained shall be entered in the register.

(2) This section shall not apply in the case of a still-birth.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/13.Provisions as to father of illegitimate child

13. Provisions as to father of illegitimate child

Notwithstanding anything in the foregoing provisions of this Act, in the case of an illegitimate child, no person shall as father of the child be required to give information concerning the birth of the child, and the Registrar shall not enter in the register the name of any person as father of the child except at the joint request of the mother and the person acknowledging himself to be the father of the child, and that person shall in that case sign the register together with the mother.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/13a.Surname of child

13a. Surname of child

(1) The surname, if any, to be entered in respect of a legitimate child shall ordinarily be the surname, if any, of the father.

(2) The surname, if any, to be entered in respect of an illegitimate child may where the mother is the informant and volunteers the information, be the surname of the mother; provided that where the person acknowledging himself to be the father of the child in accordance with the provisions of section 13 requests so, the surname may be the surname of that person.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/14.Certificate of birth

14. Certificate of birth

At the time of registering the birth of any child, the Registrar shall give to the informant a Certificate of Birth in the prescribed form and certified as required by subsection 32(2).

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/15.Registration of name of child or of alteration of name

15. Registration of name of child or of alteration of name

(1) Where before the expiration of one year from the date of the birth of any child the name by which it is registered is altered or where a child has been registered without a name, a name is given to such child before twelve months have elapsed since the date of birth, the Superintendent-Registrar having the custody of the register in which the birth was registered upon delivery to him of a certificate in the prescribed form specifying the name as altered or as given signed by the father or the mother or the guardian or the person for the time being having custody of the child and upon payment to him by the person procuring the name mentioned in the certificate to be entered of such fee as may be prescribed, shall enter forthwith in the register without any erasure of the original entry the name mentioned in the certificate as having been given to the child; and such Superintendent-Registrar shall after stating upon the certificate the fact that the entry has been made, send forthwith the certificate to the Registrar-General who shall then cause a corresponding entry to be made in his register.

(2) Where a child has been registered without a name, a name may be registered--

(a) in the case of a child who has attained the age of one year but not twenty-one years, by delivery to the Registrar-General of a certificate in the prescribed form specifying the name as given signed by the father or the mother or the guardian or the person for the time being having custody of the child; or

(b) in the case of a person who has attained the age of twenty-one years, by delivery to the Registrar-General of a certificate in the prescribed form giving the name by which he desires to be registered, 

and by paying to the Registrar-General such fee as may be prescribed.

(3) The Registrar-General shall on receipt of the certificate direct the Superintendent-Registrar having the custody of the register in which the birth was registered to enter forthwith in the register without any erasure of the original entry the name mentioned in the certificate as having been given and such Superintendent-Registrar shall act accordingly and the Registrar-General shall at the same time cause a corresponding entry to be made in his register:

Provided that before giving a direction under this subsection, the Registrar-General shall require the person delivering the certificate to produce evidence which appears to the Registrar-General satisfactory that such person is a person who was registered without a name.

(4) Where any person procures the alteration of a name or the entry of a name in the register pursuant to the provisions of subsection(1) or (2) and the name as altered or as given is shown in the appropriate certificate delivered as in the said subsections mentioned in Chinese characters as well as in Roman characters, the Registrar-General may permit such person to insert in the register in such manner as may be prescribed the name as altered or as given in Chinese characters.

(5) The provisions of this section shall not apply with respect to a still-born child or to a child which has died prior to the delivery of any certificate in this section mentioned.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/16.Registration of objectionable or undesirable names

16. Registration of objectionable or undesirable names

Where it appears to the Registrar that the name of a child sought to be entered in a register of births is objectionable or undesirable he shall refer the matter to the Registrar-General and the Registrar-General may cause such name to be registered or not to be registered as he shall deem fit.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/17.Re-registration of births of legitimated persons

17. Re-registration of births of legitimated persons

(1) Where, in the case of any person whose birth has been registered in Malaysia, evidence is produced to the Registrar-General which appears to him to be satisfactory that such person has become a legitimated person within the meaning of the Legitimacy Act 1961 [Act 60] the Registrar-General may authorize at any time the re-registrationof that person's birth, and the re-registration shall be effectedin such manner and at such place as may be prescribed:

Provided that, except where--

(a) the nameof a person acknowledging himself to be the father of the legitimatedperson has been entered in the register in pursuance of section 13 of this Act; or

(b) the paternity of the legitimated person has been established by a maintenance order made under the Married Women and Children (Maintenance) Act 1950 [Act 263], or otherwise by a decree of a Court of competent jurisdiction, 

the Registrar-General shall not authorize re-registrationunless information with a view to obtaining the same is furnishedby both parents.

(2) Where theRegistrar-General believes any person to have become a legitimatedperson within the meaning of the Legitimacy Act 1961 on the marriageof his parents, and the parents or either of them fail to furnishwithin a period of three months from the date of the marriage suchinformation, if any, as may be necessary to enable the Registrar-Generalto authorize the re-registration of that person's birth, the Registrar-Generalmay at any time after the expiration of the said period by noticeunder his hand require the parents or either of them to give him suchinformation concerning the matter as he may consider necessary, verifiedin such manner as he may direct, and for that purpose to attend personallyeither at a Registrar's office or at any other place appointed byhim within such time, not being less than seven days after the receiptof the notice, as may be specified therein.

(3) No fee forre-registration under this section shall be charged if the necessaryinformation for the purpose is furnished before the expiration ofthe said period of three months; but in any other case there shallbe charged in respect of the re-registration such fees as may be prescribed.

(4) This sectionshall apply with such modifications as may be prescribed in relationto births at sea or on board an aircraft.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/18.Particulars of deaths to be registered

Part III REGISTRATION OF DEATHS

18. Particulars of deaths to be registered

Subject to the provisions of this Part,the death of every person dying in Malaysia and the cause thereofshall be registered by the Registrar for the registration area inwhich the death occurred by entering in a register in duplicate inmanner prescribed such particulars concerning the death as may beprescribed:

Provided that where a dead body is foundand no information as to the place of death is available, the deathshall be registered by the Registrar for the registration area inwhich the body is found.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/19.Information concerning death

19. Information concerning death

(1) The following persons shall be qualified to give informationconcerning a death, that is to say--

(a) any relativeof the deceased person present at the death or in attendance duringhis last illness;

(b) any otherrelative of the deceased residing or being in the registration areawhere the death occurred;

(c) any personpresent at the death;

(d) the occupierof the house if he knew of the happening of the death;

(e) any inmateof the house who knew of the happening of the death;

(f) any personfinding or taking charge of the body; and

(g) the personcausing the disposal of the body. 

(2) It shall bethe duty --

(a) of therelative such as is mentioned in paragraph (1)(a) of this section; and

(b) if thereis no such relative, of each such relative as is mentioned in (b) of this section; and

(c) if there are no such relatives, of each such person as is mentioned in (c) or (d) of this section; and

(d) if there are no such relatives or persons as aforesaid, of each such person as is mentioned in paragraph (1)(e), (f) or (g) of this section, 

to give to the Registrar, before the expiration of twelve hours (exclusive of the time necessary for the journey and of any intervening hours of darkness) from the time of the death, information to the best of his knowledge and belief of the particulars required to be registered concerning the death, and in the presence of the Registrar to sign the register:

Provided that--

(i) the giving of information and the signing of the register by any one qualified informant shall act as a discharge of any duty under this subsection of every other qualified informant; and

(ii) this subsection shall not have effect if an inquest or inquiry of death is held on the body or touching the death of the deceased person. 

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/20.Delayed registration

20. Delayed registration

Where no application for registration under this part has been received within the time specified in section 19 and application to register the death of a person is made within the three next succeeding days the Registrar may on payment of the fee prescribed for delayed registration register the said particulars.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/21.Authority of Registrar-General required for late registration

21. Authority of Registrar-General required for late registration

After the expiration of three days from the date of the death or finding of the dead body of any person or the period specified in section 20 whichever be the longer, the death of that person shall not be registered except with the written authority of the Registrar-General and in such manner and subject to such conditions as may be prescribed for late registration and the fact that the authority of the Registrar-General has been obtained shall be entered in the register.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/22.Duty of medical practitioner as to certification

22. Duty of medical practitioner as to certification

(1) Every registered medical practitioner, upon the death of any person who has during his last illness been attended by such medical practitioner, shall sign and deliver within twelve hours of the death to one of the persons required by this Act to furnish particulars of the death or to the Registrar a certificate in the prescribed form.

(2) Such person shall, when furnishing particulars of the death, deliver such certificate to the Registrar and the cause of death as stated in the certificate shall be entered in the register together with the name of the certifying medical practitioner.

(3) In the case that any certificate under subsection (1) above certifies that the cause of death of any person has resulted from plague, cholera, small-pox or any disease that is required to be notified to foreign countries as a dangerous infectious disease under any Convention with regard to dangerous infectious diseases for the time being in force, which is not known at the time to be prevalent in the area where the deceased person died, the Registrar may, if he is not satisfied of the correctness of the diagnosis, refuse to act upon such certificate and refuse to register the cause of death until the circumstances of such death have been immediately reported to the Superintendent-Registrar and the Health Officer of the area where the deceased person died, and such further and other opinion as to the cause of death as such Registrar may require has been given.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/23.When post-mortem examination is held

23. When post-mortem examination is held

When a registered medical practitioner has made a post-mortem examination of the body of any person, such medical practitioner shall, unless he knows that a Coroner or Magistrate intends to hold an inquest or inquiry in respect of the death, within twenty-four hours after the conclusion of the examination, forward a certificate in the prescribed form to the Registrar, and the cause of death as stated in the certificate, together with the name of the certifying medical practitioner, shall be entered in the register.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/24.Duty of Coroner or Magistrate holding inquiry to forward copy of finding

24. Duty of Coroner or Magistrate holding inquiry to forward copy of finding

When an inquest or inquiry is held into the death of any person, the Coroner or Magistrate holding such inquest or inquiry shall, within twenty-four hours after the conclusion thereof, forward to the Superintendent-Registrar for the registration area within which the death took place or the body of such person was found a certificate setting forth the cause of death as ascertained at such inquiry, and such other particulars as are required for the purpose of registration, and the cause of death disclosed in such certificate shall be entered in the register.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/25.Certificate of death

25. Certificate of death

The Registrar, upon registering any death, shall forthwith give to the person giving information concerning the death a Certificate of Death.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/26.Registers to be forwarded to Superintendent-Registrar and Registrar-General

Part IV GENERAL

26. Registers to be forwarded to Superintendent-Registrar and Registrar-General

(1) Every Registrar shall at such times as may be appointed by the Registrar-General deliver to the Superintendent-Registrar all the completed entries made in the registers kept by him.

(2) Every Superintendent-Registrar shall at such times and in such manner as may be appointed by the Registrar-General deliver to the Registrar-General one of each of the completed entries delivered to him under subsection (1) above.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/27.Correction of errors and alteration in register

27. Correction of errors and alteration in register

(1) No alteration in any register shall be made except as authorized by this Act.

(2) Any clerical error which may from time to time be discovered in any register may be corrected by the Superintendent-Registrar, in such manner as the Registrar-General shall direct.

(3) Any error of fact or substance in any register may be corrected by entry (without any alteration of the original entry) by the Registrar-General upon payment of the prescribed fee and upon production by the person requiring such error to be corrected of a statutory declaration setting forth the nature of the error and the true facts of the case, and made by two persons required by this Act to give information concerning the birth, still-birth or death with reference to which the error has been made, or in default of such persons then by two credible persons having knowledge to the satisfaction of the Registrar-General of the truth of the case; and the Registrar-General may if he is satisfied of the facts stated in the statutory declaration cause such entry to be certified and the day and the month and the year when such correction is made to be added thereto.

(4) Where an error of fact or substance occurs in the information forwarded by a Coroner or Magistrate under section 24 the Coroner or Magistrate, if satisfied that such error exists, may certify under his hand to the appropriate Superintendent-Registrar the nature of the error and the true facts of the case as ascertained by him, and the error may thereupon be corrected (without any alteration of the original entry) by such Superintendent-Registrar, who shall place his initials opposite the entry in which such error occurs and shall add thereto the day and the month and the year when such correction is made.

(5) Notwithstanding the foregoing provisions of this section, in any case--

(a) where any entry has been made in any register using a Japanese or Thai date or place name the Registrar-General or the Superintendent-Registrar having the custody of the register may correct such date or place name (without any alteration of the original entry) to accord with the British calender or the place name used prior to the Japanese or Thai occupation and shall initial any such correction when made; and

(b) where any entry in a register is in any language other than the English language the Registrar-General or the Superintendent-Registrar having the custody of the register may add (without any alteration of the original entry) a translation of such entry in the English language or a transcription of such entry in Romanised script in such manner as the Registrar-General may direct. 

(6) Where an officer having the custody of a register makes an entry therein pursuant to the provisions of this section he shall forthwith forward to the officer having the custody of the duplicate copy of the register a certificate in the prescribed form setting forth particulars of the entry and the officer having the custody of the said duplicate copy shall make a corresponding entry therein.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/28.Duty of Superintendent-Registrar and Registrar to procure registration

28. Duty of Superintendent-Registrar and Registrar to procure registration

(1) Notwithstanding any omission to report or to furnish information as to any birth, still-birth or death within the time required by the preceding provisions of this Act, it shall be the duty of the Superintendent-Registrar and the Registrar to procure by all means in their power the best and most accurate information respecting any birth, still-birth or death which may have occurred within their registration areas and to cause particulars of the same to be recorded (so far as is practicable) in the manner prescribed.

(2) It shall be the duty of every police officer, penghulu and headman to obtain information of every birth, still-birth and death within his respective area and also information respecting the lawful father and the mother of every child born in his area and respecting the occupier of any house in his area in which any birth, still-birth or death may have taken place and to give notice thereof to the Registrar.

(3) Any police officer, penghulu or headman who has in his possession any such information and wilfully neglects or omits to disclose the same to the Registrar shall be guilty of an offence and be liable on conviction to a fine not exceeding fifty ringgit.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/29.Omitted or Deleted Section

29. Omitted or Deleted Section

(Deleted by Ord. No. 6 of 1958).

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/30.Indices

Part IV GENERAL

Chapter Searches and Certificates

30. Indices

(1) There shall be prepared in duplicate in manner prescribed indices of every entry made in the register after the coming into force of this Act. One copy of the indices shall be kept by the Registrar-General and the other copy shall be kept by the appropriate Superintendent-Registrar.

(2) Indices of existing entries in the register shall so far as is practicable be prepared in such manner as may be prescribed or as the Registrar-General shall direct.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/31.Searches

31. Searches

Subject to the provisions of section 32 any person may apply in the prescribed form to have a search made in the indices or in the register upon payment of the fee prescribed and to have the result of such search certified in the prescribed form.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/32.Issue of Certificates of Birth and Certificates of Death

32. Issue of Certificates of Birth and Certificates of Death

(1) Any person may apply from the Superintendent-Registrar on the prescribed form a Certificate of Birth or a Certificate of Death pertaining to any entry in the register on payment of such fees as may be prescribed.

(2) Every Certificate of Birth or Certificate of Death shall be certified under the hand of the Registrar or the Registrar-General or the Superintendent-Registrar having the custody of the register.

(3) The provisions of section 31 and of this section shall not apply to Certificates of Birth relating to entries in the register of still-births but the Registrar-General may, if he sees fit in any particular case and on payment of the appropriate fees as aforesaid, cause a search to be made for and allow any person to have a Certificate of Birth pertaining to any entry in the register of still-births.

(4) When any application for a Certificate of Birth or a Certificate of Death is made in pursuance to subsection (1) the Superintendent-Registrar shall issue it unless--

(a) the particulars given in the application form are incomplete or inadequate or in his opinion inaccurate; or

(b) for any reason it appears to him that an entry found upon search cannot, with certainty, be connected with the person in respect of the registration of whose birth or death the certificate is applied for. 

(5) When the Superintendent-Registrar has refused to furnish the Certificate of Birth or the Certificate of Death under this section, the applicant may in writing appeal to the Registrar-General, whose decision shall be final.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/33.Entry in register as evidence of birth or death

33. Entry in register as evidence of birth or death

(1) Subject to the provisions of this section an entry or a Certificate of Birth or a Certificate of Death relating thereto purporting to have been duly certified under subsection32(2) shall be received without further or other proof as evidence of such facts and particulars relating to such birth or death as are or were at the time of the making of such entry required by law to be set forth in such entry or certificate.

(2) An entry in a register or a Certificate of Birth or a Certificate of Death relating thereto, shall not be received as evidence under this section unless--

(a) the entry purports to be signed by some person professing to be the informant and to be such a person as might be required by law at the date of the entry to give to the Registrar information concerning that birth or death; or

(b) the entry is an entry of a birth which is signed by a person professing to be a Superintendent-Registrar, or which purports to have been made with the authority of the Registrar-General; or

(c) the entry is an entry of a death which purports to have been made upon a certificate from a Coroner or Magistrate; or

(d) the entry purports to have been made in pursuance of any written law relating to the registration of births and deaths at sea or on board an aircraft, or

(e) the entry is--

(i) an entry in any register, book of record or document recording particulars of births and deaths which has been kept or preserved under or in accordance with the provisions of any former written law relating to the registration of births and deaths; and

(ii) such entry or a certified copy of such entry would immediately before the coming into force of this Act have been received as evidence of the facts or particulars in respect of which such entry or certified copy is produced as evidence. 

(3) For the purposes of this section a Certificate of Birth or a Certificate of Death shall be deemed to be a certified copy if it purports to have been certified in accordance with subsection 32(2) notwithstanding that it may be--

(a) photographicallyreproduced; or

(b) an extractof the information contained in the register in a form prescribedwhich form may be different from that in which the original entrywas made. 

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/34.Offences relating to registers

Part IV GENERAL

Chapter Offences

34. Offences relating to registers

Any person who--

(a) being a Registrar,refuses or without reasonable cause omits to register any birth ordeath or particulars concerning which information has been tenderedto him by a qualified informant and which he is required by or underthis Act to register; or

(b) being a personhaving the custody of any register carelessly loses or injures theregister or allows the register to be injured, shall be liable to a fine of five hundred ringgit.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/35.Penalties for failure to give information, etc.

35. Penalties for failure to give information, etc.

Any person who --

(a) being requiredby or under this Act to give information concerning any birth or deathor any living new-born child or any dead body, wilfully refuses toanswer any question put to him by the Registrar relating to the particularsrequired to be registered concerning the birth or death, or save asprovided in this Act, fails to comply with any requirement of theRegistrar made thereunder;

(b) refuses orfails without reasonable excuse to give, deliver or send any certificatewhich he is required by this Act to give, deliver or send;

(c) being a personupon whom a duty is imposed by section8 to give information concerning a birth fails to give that information and that information is not given;

(d) being a parent of a legitimated person within the meaning of the Legitimacy Act 1961, fails to comply with any requirement of the Registrar-General made under or by virtue of section 17 of this Act;

(e) being a person upon whom a duty to give information concerning a death is imposed by section 19 of this Act, fails to give that information and that information is not given; or

(f) being a person who is called upon by the Registrar-General or the Superintendent-Registrar to appear before him in pursuance to subsection37b(2) fails without reasonable excuse to do so, shall be liable to a fine of two hundred and fifty ringgit for each offence.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/36.Penalty for false information, false entry, or destruction of entry

36. Penalty for false information, false entry, or destruction of entry

Any person who--

(a)wilfully makes or permits to be made for the purposes of registration any false statement;

(b) wilfully or knowingly furnishes or permits to be furnished any false information, touching any of the particulars required by the Act to be made known;

(c) makes or permits to be made any false entry in any register, knowing the same to be false;

(d) wilfully destroys or permits to be destroyed any entry in any register;

(e) wilfully issues any Certificate of Birth or Certificate of Death containing false particulars;

(f) without lawful authority makes any mark on or entry upon, or erases, cancels, tampers or alters any mark or entry contained in any register;

(g) knowingly and wilfully registers or causes the registration of a birth or a death in respect of one person to be effected more than once;

(h) makes use of a Certificate of Birth or a Certificate of Death knowing or believing that it contains any false particulars;

(i) knowingly possesses or makes use of a Certificate of Birth or a Certificate of Death purporting the same to be his own or of any person other than the rightful owner's;

(j) forges a Certificate of Birth or a Certificate of Death;

(k) hands over any Certificate of Birth or Certificate of Death to any person knowing or believing it will be used for unlawful purposes;

(l) without lawful authority or reasonable excuse wilfully retains any Certificate of Birth or Certificate of Death from the rightful owner; or

(m) aids or abets the commission of any offence against this Act, 

shall be liable to a fine of two thousand ringgit or to imprisonment for twelve months or to both such fine and imprisonment.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/36a.Public servants

36a. Public servants

All officers appointed under this Act shall be deemed to be public servants within the meaning of the Penal Code [Act 574 ].

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/37.Authority for prosecution

37. Authority for prosecution

No prosecution for any offence under thisAct shall be instituted except by the authority of the Public Prosecutor.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/37a.Prosecutions

37a. Prosecutions

The Superintendent-Registrar and any otherofficer duly authorized in writing by the Registrar-General may conducta prosecution in respect of any offence under this Act or any regulationsmade thereunder.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/37b.Power to hold inquiries

37b. Power to hold inquiries

(1) The Registrar-General, Superintendent-Registrar or any otherofficer duly authorized in writing by the Registrar-General, may forthe purpose of satisfying himself of any particulars required forthe purpose of deciding under sections12, 15, 21, 27, subsections 32(3) and (4) hold an inquiry.

(2) The Registrar-General, Superintendent-Registrar or such authorized officer may only for the purpose of carrying out the provisions of subsection(1)--

(a) call upon any person to appear before him to answer any question on oath or otherwise which he may consider reasonably necessary to ask for such purpose;

(b) administer any affirmation or statutory declaration and examine any person on affirmation. 

(3) The Superintendent-Registrar may impound any document produced before him or otherwise received by him if he has reason to doubt its genuineness or correctness or the validity of its issue.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/38.Power to compound offences

38. Power to compound offences

The Registrar-General may in his discretion compound any offence punishable under section35 by accepting from the person reasonably suspected of having committed such offence a sum of money not exceeding fifty ringgit.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/39.Rules

39. Rules

Subject to the provisions of this Act the Minister may make rules in respect of all or any of the following matters:

(a) the form and contents of the registers, Certificates of Birth, Certificates of Death, forms, certificates, notices and other documents required and the information to be supplied for carrying out the purposes of this Act;

(b) the fees to be imposed under this Act;

(c) the custody of registers, forms, certificates, notices and other documents connected with the business of registration;

(d) the making of searches and the issue of Certificates of Birth or Certificates of Death;

(e) the preparation and custody of indices of matters contained in registers;

(f) the making of corrections or alterations to the registers;

(g) the returns to be rendered by masters of ships or captains of aircrafts registered in Malaysia in respect of births and deaths on board their ships or aircrafts; and

(h) any other matters as to which it may be expedient to make rules for carrying into effect the objects of this Act. 

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/40.Sending documents by post

40. Sending documents by post

Any notice, declaration, certificate, requisition, return or other document required by or under this Act may be sent by post.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/41.Savings, etc.

41. Savings, etc.

(1) Any certificate issued or any notice or information given or any order, regulation or return made or any registration effected or other thing done under or in accordance with any former written law relating to the registration of births and deaths shall if in force at the commencement of this Act, continue in force, and shall have effect as if the same had been issued, given, made effected or done under the corresponding provision of this Act.

(2) Any form used, and any requirement as to the particulars to be entered in any form used, for the purposes of any written law repealed by this Act in force immediately before the commencement of this Act shall continue in force as though prescribed under this Act until other forms or particulars are so prescribed.

(3) Where a period of time specified in any Enactment or Ordinance repealed by this Act is current at the commencement of this Act this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

(4) Any document referring to the provision of any written law repealed by this Act shall unless the contrary intention appears be construed as referring to the corresponding provision of this Act.

(5) A copy of any entry made in the register prior to the commencement of this Act which would if made after such commencement have been entered as a late registration pursuant to the provisions of section 12 or 21 shall--

(a) if thetruth of the facts therein entered has been found in the manner prescribedby any provision of the written law under which the entry was madeor, if not so found, has been established to the satisfaction of theRegistrar-General; and

(b) if certifiedunder the hand of the Registrar-General; 

be admissible in evidence in the manner prescribed by section 33.

(6) Nothing in the foregoing provisions of this section shall be taken as prejudicing the operation of section 30 of the Interpretation Acts 1948 and 1967 (which relates to the effect of repeal).

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/42.Repeal

42. Repeal

The Enactments and Ordinances set out in the Schedule to this Act are repealed to the extent specified in the third column of such Schedule.

Unannotated Statutes of Malaysia - Principal Acts/BIRTHS AND DEATHS REGISTRATION ACT 1957 Act 299/BIRTHS AND DEATHS REGISTRATION ACT 1957 ACT 299,,/Schedule