BIRTHS AND DEATHS REGISTRATION ACT 1957

LAWS OF MALAYSIA _____________ ONLINE VERSION OF UPDATED TEXT OF REPRINT _____________ Act 299 BIRTHS AND DEATHS REGISTRATION ACT 1957 As at 1 March 2018 2 BIRTHS AND DEATHS REGISTRATION ACT 1957 First enacted … … … … ... 1957 (Ordinance No. 61 of 1957) Revised … … … … … Latest amendment made by Act A1524 which came into operation on … 1983 (Act 299 w.e.f. 19 January 1984) … 1 August 2017 PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 299 BIRTHS AND DEATHS REGISTRATION ACT 1957 ARRANGEMENT OF SECTIONS 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. Inspection of registers, etc. PART II REGISTRATION OF BIRTHS 7. Particulars of births to be registered 8. Information concerning birth to be given to Registrar within sixty days 9. Information concerning finding of new-born child to be given to Registrar within fourteen days 10. Special provision as to registration of stillbirth 10A. Special provision as to registration of birth 11. (Deleted) 12. Authority of Registrar-General required for late registration 13. Provisions as to father of illegitimate child 13A. Surname of child 4 Laws of Malaysia ACT 299 Section 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 18. Particulars of deaths to be registered 19. Information concerning death 19A. Special provision as to registration of 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 24A. Registration of presumed death 24B. Certificate of Presumed Death 25. Certificate of death PART IV GENERAL 26. Registers to be forwarded to Registrar-General 27. Correction of errors and alteration in register 28. Duty of Superintendent-Registrar and Registrar to procure registration 29. (Deleted) Searches and Certificates 30. Indices 31. Searches Births and Deaths Registration 5 Section 32. Issue of Certificates of Birth, Certificates of Death and Certificates of Presumed Death 33. Entry in register as evidence of birth, death or presumed death Offences 34. Offences relating to registers 35. Penalties for failure to give information, etc. 36. Penalty for false information, false entry, or destruction of entry 36A. Public servants 37. Authority for prosecution 37A. (Deleted) 37B. Power to hold inquiries 37C. Power to investigate 38. Power to compound offences 39. Rules 40. Sending documents by post 41. Savings, etc. 42. Repeal SCHEDULE 7 LAWS OF MALAYSIA Act 299 BIRTHS AND DEATHS REGISTRATION ACT 1957 An Act relating to the registration of births and deaths. [1 August 1958, L.N. 213/1958] PART I PRELIMINARY Short title and application 1. (1) This Act may be cited as the Births and Deaths Registration Act 1957. (2) This Act shall apply to Peninsular Malaysia only. Interpretation 2. In this Act, unless the context otherwise requires— “Certificate of Birth” means a certificate issued pursuant to section 14 or subsection 32(1); “Certificate of Death” means a certificate issued pursuant to section 25 or subsection 32(1); “Certificate of Presumed Death” means a certificate issued pursuant to section 24B or subsection 32(1); “house” includes a public institution; 8 Laws of Malaysia ACT 299 “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; “Peninsular Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory; “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 subsection 4(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 [Act 50]; “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 Births and Deaths Registration 9 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; “stillborn” and “stillbirth” 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. Appointment of officers 3. (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 RegistrarGeneral, 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 RegistrarGeneral thereunder. 10 Laws of Malaysia ACT 299 (1B) The Yang di-Pertuan Agong may appoint a public officer to be Assistant Registrar-General of Births and Deaths for Peninsular Malaysia who may, subject to any general or special directions of the Registrar-General, exercise any of the powers of the Registrar-General under subsection 4(3), sections 4A and 5, subsection 12(1), sections 15, 16, 17, 21, 27, subsections 32(3), 32(4), paragraph 33(2)(b), sections 37B and 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 SuperintendentRegistrar 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 in the instrument of delegation: Provided that the Registrar-General may exercise any powers under this Act notwithstanding any delegation by him under this section. Births and Deaths Registration 11 Provision and maintenance of registers 4. (1) The Registrar-General shall keep and maintain a sufficient number of registers in a form to be determined by the RegistrarGeneral for the recording of births, deaths and presumed deaths. (2) (Deleted by Act A1524). (3) (Deleted by Act A1524). (4) The Register-General may— (a) cause any or all registers to be photographed on microfilms; or (b) cause particulars in any or all registers to be recorded on computer tapes, subject to such precautions as he may deem necessary in the interests of its safety and privacy of the information contained therein. Where records missing, re-registration permitted 4A. Where, in the case of any person whose birth or death has been registered in Peninsular Malaysia but records of such registration are for any reason whatsoever missing or destroyed and from the evidence adduced, the Registrar-General is satisfied of the occurrence of such birth or death and other particulars relating to it the Registrar-General may cause such birth or death to be re-registered. Annual reports 5. The Registrar-General shall, within such period after the expiration of every year as may from time to time be prescribed, compile— (a) a summary of the births and deaths of the preceding year; and 12 Laws of Malaysia ACT 299 (b) a general report on the increase or decrease of the population and on any special causes appearing to affect such increase or decrease, so far as the same can be adduced from the registers. Inspection of registers, etc. 6. (1) Registers and indices shall not be open to inspection by the public. (2) A public officer may, in the performance of his duties and with the authorization of the Registrar-General, inspect the registers and indices. PART II REGISTRATION OF BIRTHS Particulars of births to be registered 7. (1) Subject to the provisions of this Part, the birth of every child born in Malaysia shall be registered by the Registrar in any registration area by entering in a register such particulars concerning the birth as may be prescribed; and different registers shall be used and different particulars may be prescribed for livebirths and stillbirths respectively: Provided that, where a living child is found exposed and no information as to the place of birth is available, the birth shall be registered by the Registrar for the registration area in which the child is found. (2) The following persons shall be qualified to give information concerning a birth, that is to say— (a) the father of the child; (b) the mother of the child; Births and Deaths Registration 13 (c) the occupier of the house in which the child was to the knowledge of that occupier born; (d) any person present at the birth; and (e) any person having charge of the child. (3) (Deleted by Act A1524). Information concerning birth to be given to Registrar within sixty days 8. It shall be the duty of every qualified informant to give to the Registrar, before the expiration of a period of s