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Nauru Sessional Legislation |
THE ISLAND OF NAURU
No. 8 of 1957
AN ORDINANCE
Providing for the Registration of Births, Deaths and Marriage, for the Solemnization of Marriages and for other purposes.
I, THE ADMINISTRATOR of the Island of Nauru, in pursuance of the powers conferred by Article 1 of the Agreement dated the second day of July, 1919, between the Government of the United Kingdom, the Government of the Commonwealth of Australia and the Government of New Zealand, hereby make the following Ordinance.
Dated this 31st day of December, 1957.
R. S. LEYDIN
Administrator of the Island of Nauru.
_________
Short title.
1. This Ordinance may be cited as the Births, Deaths and Marriages Ordinance 1957.
Commencement.
1A. This Ordinance shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.
Parts.
2. This Ordinance is divided into Parts, as follows:-
Part I. - Preliminary (Sections 1-5).
Part II - Registration of Births (Sections 6-14).
Part III - Registration of Deaths (Sections 15-19).
Part IV - Marriages (Sections 20-27).
Part V - Miscellaneous (Sections 28-38).
Repeal.
3.-(1) The Marriages Ordinance 1921 and the Marriages Ordinance 1949 are repealed.
(2) The Third Schedule to the Laws Repeal and Adopting Ordinance 1922-1957 is amended by omitting the words "Registration of Births, Deaths and Marriages Ordinance, 1912".
5881/65 - P8/35 2s. 6D.
30/29.12.1965
Interpretation.
4.-(1) In this Ordinance, unless the contrary intention appears-
"ex-nuptial child" means a child not born in lawful wedlock;
"guardian" includes a person having the custody or control of a child or young person;
"medical practitioner" means a person registered or licensed as a medical practitioner under a law of a State or Territory of the Commonwealth, or the Dominion of New Zealand, which provides for the registration or licensing of medical practitioners;
"minister" means a minister of religion;
"occupier", in relation to a building or place, means the principal occupier of the building or place or the person in charge of that building or place;
"parent", in relation to a child or young person, includes a person acting as guardian of the child or young person;
"person empowered to solemnize marriages" means a person empowered to solemnize marriages under section twenty of this Ordinance;
"recognized religious denomination" means a religious denomination declared to be a recognized religious denomination under section twenty of this Ordinance;
"Register" means a Register maintained under this Ordinance;
"Registrar" means the Registrar of Births, Deaths and Marriages;
"still-born", in relation to a child, means that the child, being of at least seven months' gestation or of a length of at least fourteen inches is not born alive, and "still-birth" has a corresponding meaning;
"the adopted Ordinance" means the Registration of Births, Deaths and Marriages Ordinance, 1912, of the Territory of Papua as adopted as an Ordinance of the Island.
(2) In this Ordinance, a reference to a form by number is a reference to the form so numbered in the Schedule to this Ordinance.
Registrar and Deputy Registrar.
5.-(1) For the purposes of this Ordinance there shall be a Registrar of Births, Deaths and Marriages.
(2) The Official Secretary to the Administration shall be ex officio Registrar of Births, Deaths and Marriages.
(3) The Administrator may appoint a person to be the Deputy Registrar, who, subject to the control of the Registrar, shall have and exercise all the powers and functions of the Registrar, under this Ordinance.
(4) Where under this Ordinance, the exercise of a power or function by the Registrar, or the operation of a provision of this Ordinance, is dependent upon the opinion, belief or state of mind of the Registrar in relation to a matter, that power or function may be exercised by the Deputy Registrar, or that provision may operate, as the case may be, upon the opinion, belief or state of mind of the Deputy Registrar in relation to that matter.
(5) The Registrar and the Deputy Registrar shall, in respect of their functions and duties under this Ordinance, be paid such remuneration (if any) as the Administrator determines.
PART II - REGISTRATION OF BIRTHS.
Register of Births.
6.-(1) The Registrar shall register each birth occurring on the Island, particulars of which are furnished to him in accordance with this Ordinance and, for this purpose, shall maintain a Register of Births.
(2) The registration of a birth under this Part shall be effected by an entry in the Register of Births in accordance with Form l.
(3) The Administrator may certify that a register or record of births maintained or purporting to have been maintained under the authority or approval of the Administrator or a predecessor in office of the Administrator and in existence immediately prior to the commencement of this Ordinance is, to the best of his knowledge and belief, a true record of births that have occurred on the Island from and including the twenty-fifth day of January, 1915, and the register or record so certified shall form part of the Register of Births.
Particulars of birth to be furnished.
7.-(1) Subject to the next succeeding sub-section, where a child is born on the Island, a parent of the child shall within twenty-one days after the date of the birth, notify the Registrar of the birth and furnish to the Registrar such information as the Registrar requires for the purpose of registering the birth.
Penalty: Ten pounds.
(2) Where the notification of the birth of a child cannot be given by a parent of the child, the occupier of the building or place where the child is born shall, within twenty-one days after the date of the birth, notify the Registrar of the birth and furnish to the: Registrar such information as the Registrar requires for the purpose of registering the birth.
Penalty: Ten pounds.
Registration of father of ex-nuptial child.
8.-(1) Where the birth of an ex-nuptial child is registered on the information of the father of the child and the father requests that he be registered as the father of the child, the father shall be registered as the father of the child.
(2) Where the father of an ex-nuptial child is registered as the father of the child, the surname of the father shall be registered as the surname of the child.
(3) Except as provided in the preceding provisions of this section, nothing in this Ordinance shall be deemed to require the Registrar, when registering the birth of an ex-nuptial child, to register particulars of the father of the child.
(4) The Registrar shall bring the provisions of this section to the notice of every informant of the birth of an ex-nuptial child.
Registration where birth not notified under section seven.
9. Where the birth of a child has not been notified to the Registrar under section seven of this Ordinance, the Registrar shall not register the birth unless-
(a) a parent of the child or some person present at the birth of the child notifies the Registrar of the birth of the child and furnishes to the Registrar:
(i) such information as the Registrar requires for the purpose of registering the birth; and
(ii) a declaration verifying that information; or
(b) the Administrator, by notice in writing, directs the Registrar to register the birth of the child.
New-born child found exposed.
10.-(1) Where a new-born child is found exposed, the person who finds the child shall forthwith report the finding of the child to a member of the Police Force.
Penalty: Ten pounds.
(2) A member of the Police Force to whom a report is made under the last preceding sub-section shall forthwith notify the Registrar of the finding of the child and furnish to the Registrar such information of the particulars required to be registered concerning the birth of the child as has come to the member's knowledge.
Children born outside the Island.
11. The Registrar shall also register in the Register of Births the birth of a child born outside the Island if-
(a) the child is residing on the Island with his parent and was under the age of eighteen months when he commenced to reside on the Island; and
(b) his parent furnishes to the Registrar-
(i) such information as the Registrar requires for the purpose of registering the birth; and
(ii) a declaration verifying that information.
Where name other than registered name is given in baptism.
12.-(1) Where a child is to be given a name in baptism other than the name by which he is registered in the Register of Births, the parent of the child or other person, upon presenting the child for baptism, shall inform the officiating minister accordingly.
Penalty: Ten pounds.
(2) Immediately after the baptism, the officiating minister shall give to the parent of the child or other person who presented the child for baptism a certificate in accordance with Form 2.
Penalty: Ten pounds.
(3) The parent or other person to whom a certificate is given under the last preceding sub-section shall forward the certificate to the Registrar within twenty-one days after the date of the baptism.
Penalty: Ten pounds.
(4) Upon receipt of the certificate the Registrar shall-
(a) enter the new name of the child in the entry of the birth of the child in the Register of Births;
(b) endorse the certificate "Recorded in Register"; and
(c) return the certificate to the parent or other person.
Change of registered name may be effected by declaration.
13.-(1) Where a child is given (otherwise than by baptism) a name other than the name by which he is registered in the Register of Births, the parent of the child may furnish to the Registrar a declaration stating that the child has been given a name other than the name by which it is registered and containing particulars of-
(a) the registered name of the child;
(b) the date of registration; and
(c) the new name of the child.
(2) Where the parent of a child furnishes a declaration to the Registrar under the last preceding sub-section, the Registrar shall-
(a) enter the new name of the child in the entry of the birth of the child in the Register of Births; and
(b) issue to the parent a certificate giving particulars of the date and place of birth shown in the entry and stating that the new name has been recorded in the Register.
Change of registered name where lawful change of name.
14. Where the birth of a person is registered in the Register of Births and the Registrar is satisfied that the person has lawfully changed his name, the Registrar may, on payment of a fee of Ten shillings, enter particulars of the change of name in the margin of the entry of the birth of the person in the Register of Births.
PART III - REGISTRATION OF DEATHS.
Register of Deaths.
15.-(1) The Registrar shall register each death particulars of which are furnished to him in accordance with this Ordinance and, for this purpose, shall maintain a Register of Deaths.
(2) The registration of a death under this Part shall be effected by an entry in the Register of Deaths in accordance with Form 3.
(3) The Administrator may certify that a register or record of deaths maintained or purporting to have been maintained under the authority or approval of the Administrator or a predecessor in office of the Administrator and in existence immediately prior to the commencement of this Ordinance is, to the best of his knowledge and belief, a true record of deaths that have occurred on the Island from and including the second day of January, 1915, and the register or record so certified shall form part of the Register of Deaths.
Particulars or death to be furnished.
16. Where a death occurs on the Island, the occupier of the building or place where the death occurred shall, as soon as possible after the death, but in any case not later than seven days after the death or within such further time as the Registrar allows, notify the Registrar of the death and furnish to the Registrar such information as the Registrar requires for the purpose of registering the death.
Penalty: Ten pounds.
Coroner to notify Registrar.
17.-(1) Where a coroner is notified of the finding of a body or of a sudden death or a death attended with suspicious circumstances, the coroner shall-
(a) forthwith notify the Registrar accordingly; and
(b) if the coroner has certified that an inquest into the death is unnecessary, furnish to the Registrar such information as the Registrar requires for the purpose of registering the death.
(2) Where a coroner has not certified that an inquest into a death is unnecessary, the Registrar shall not register the death until after the inquest has been held.
(3) After an inquest into a death has been held, the coroner shall forthwith notify the Registrar of his findings and furnish to the Registrar such information as the Registrar requires for the purpose of registering the death.
Funerals not to be conducted without certificate or order.
18.-(1) Where the Registrar registers a death, he shall issue to the person having charge of the burial or other lawful disposal of the deceased person a certificate certifying that the death has been registered.
(2) A person shall not bury, cremate or in any other way dispose of a dead body unless-
(a) a certificate that the death has been registered has been issued under the last preceding sub-section;
(b) notice of the signing of a certificate of death has been given by a medical practitioner under the next succeeding section; or
(c) where an inquest is to be held into the death, the body is disposed of in accordance with an authority given by the coroner.
Penalty: Fifty pounds.
(3) Where a person conducts a burial or in any other way disposes of a dead body, he shall forthwith furnish to the Registrar-
(a) a declaration, signed by at least two reputable persons who witnessed the burial or other disposal, stating that the burial or other disposal, has been duly carried out; and
(b) where the death has not been registered - such information as the Registrar requires for the purpose of registering the death.
Penalty: Ten pounds.
Certificate of death by medical practitioner.
19.-(1) Where a person has died, the medical practitioner who attended the person during his last illness or who viewed the body after death shall, as soon as possible after the death-
(a) give to the Registrar a certificate of death stating, to the best of his knowledge and belief, the cause of death, the name of the deceased and the date and place of death; and
(b) subject to sub-section (3) of this section, give to the occupier of the building or place where the death occurred a notice in writing of the giving of the certificate of death.
(2) If the person has died suddenly and the medical practitioner is of opinion that the person has died under circumstances of suspicion or is not satisfied that the death of the person was due to natural causes, he shall as soon as possible, report the death to a coroner.
(3) A medical practitioner who in accordance with the last preceding sub-section reports a death to the coroner shall not, without the consent of the coroner, give to the occupier of the building or place where the death occurred a notice of the giving of a certificate of death.
Penalty: Fifty pounds.
(4) Where a child is still-born, the medical practitioner in attendance at the still-birth or who viewed the body of the child shall forthwith-
(a) give to the Registrar a certificate of death stating, to the best of his knowledge and belief, the cause of the child being still-born, the name of the mother of the child and the date and place of the still-birth; and
(b) give to the occupier of the building or place where the death occurred a notice in writing of the giving of the certificate of death.
Penalty: Twenty pounds.
PART IV - MARRIAGES.
Persons empowered to solemnize marriages.
20.-(1) The Administrator may, by notice published in the Gazette-
(a) declare a religious denomination to be a recognized religious denomination; and
(b) appoint such magistrates of the Central Court as he thinks fit for the purposes of this Part.
(2) Subject to the next succeeding sub-section, the Registrar, all ministers belonging to a recognized religious denomination and such magistrates as are appointed under paragraph (b) of the last preceding sub-section are empowered to solemnize marriages.
(3) A minister is not empowered to solemnize marriages unless-
(a) he resides on the Island; and
(b) he has furnished to the Registrar written particulars of his name, designation, address and religious denomination.
(4) For the purposes of this section such visiting ministers as the Administrator approves shall be deemed to reside on the Island for such period as the Administrator determines.
List of persons empowered to solemnize marriages.
21.-(1) The Registrar shall maintain a list containing the name, designation, address and, in the case of a minister, the religious denomination, of each person empowered to solemnize marriages.
(2) Where a person empowered to solemnize marriages dies or ceases to be a person empowered to solemnize marriages, the Registrar shall delete that person's name from the list of persons empowered to solemnize marriages.
(3) For the purposes of the last preceding sub-section, where a minister ceases to reside on the Island or ceases to officiate as a minister, he shall notify the Registrar in writing accordingly.
Penalty: Ten pounds.
(4) The Registrar shall publish in the Gazette in the month of January in each year a notice containing the list of persons empowered to solemnize marriages.
(5) Where a minister forwards particulars to the Registrar under sub-section (3) of the last preceding section, or notifies the Registrar that he has ceased to reside on the Island, or has ceased to officiate as a minister, under sub-section (3) of this section, the Registrar shall publish in the Gazette a notice containing the minister's name, designation, address and religious denomination and stating that the minister is a person empowered to solemnize marriages or that he has ceased to be a person empowered to solemnize marriages, as the case may be.
Register of Marriages.
22.-(1) The Registrar shall register each marriage solemnized on the Island and, for this purpose, shall maintain a Register of Marriages.
(2) The registration of a marriage under this Part shall be effected by an entry in the Register of Marriages in accordance with Form 4.
(3) The Administrator may certify that a register or record of marriages (including any certificate of marriage transmitted to the Administrator in pursuance of the Marriages Ordinance 1921, or in pursuance of that Ordinance as amended) maintained or purporting to have been maintained under the authority or approval of the Administrator or a predecessor in office of the Administrator and in existence immediately prior to the commencement of this Ordinance is, to the best of his knowledge and belief, a true record of marriages that have occurred on the Island from and including the seventh day of July, 1921, and the register or record so certified shall form part of the Register of Marriages.
Solemnization of marriages.
23.-(1) A person shall not solemnize a marriage unless-
(a) he is a person empowered to solemnize marriages;
(b) he is furnished with a declaration, signed by each of the persons to be married, stating that there is no impediment to the marriage by reason of any former marriage or by reason of the persons being within the prohibited degrees of consanguinity or affinity and he has no reason to doubt the truth of the declaration;
(c) he is provided by the persons to be married with information sufficient to enable him to furnish the Registrar with such information as the Registrar requires for the purpose of registering the marriage;
(d) where either of the persons to be married is a Nauruan - he is furnished with a certificate signed by the Head Chief and the Secretary of the Nauru Local Government Council that the Council has consented to the marriage;
(e) where either of the persons to be married is a young person-
(i) in the case of a male - under the age of eighteen years; and
(ii) in the case of a female - under the age of sixteen years,
he is furnished with the written consent to the marriage of a parent of the young person; and
(f) at least two persons are present as witnesses to the marriage.
Penalty: Fifty pounds.
(2) A marriage shall not be avoided-
(a) by reason only of the marriage having been solemnized by a person who is not a person empowered to solemnize marriages if-
(i) at the time he was a minister of a recognized religious denomination; or
(ii) either of the parties to the marriage at the time bona fide believed that he was a person empowered to solemnize marriages; or
(b) by reason only of a failure to comply with paragraph (b), paragraph (c), paragraph (d), or paragraph (e) of the last preceding sub-section.
Marriage certificate.
24.-(1) Immediately after a marriage has been solemnized the person solemnizing the marriage shall prepare and sign two copies of a marriage certificate in accordance with Form 5.
Penalty: Twenty pounds.
(2) When the copies of the marriage certificate have been prepared and signed in accordance with the last preceding sub-section, the persons who have been married, and two persons who have witnessed the marriage and who are requested by the person solemnizing the marriage to sign the copies of the marriage certificate as witnesses, shall each sign the copies of the marriage certificate.
Penalty: Ten pounds.
Person solemnizing marriage to notify Registrar.
25. When the copies of the marriage certificate have been signed in accordance with sub-section (2) of the last preceding section, the person solemnizing the marriage shall forthwith-
(a) hand one copy of the marriage certificate to the persons whose marriage he has solemnized; and
(b) where the person who solemnized the marriage is a magistrate or a minister - notify the Registrar of the solemnization of the marriage and furnish to the Registrar-
(i) the declaration and any written consent which he is required to obtain under section twenty-three of this Ordinance; and
(ii) such information as the Registrar requires for the purpose of registering the marriage.
Penalty: Twenty pounds.
Where magistrate or minister does not notify of solemnization of marriage.
26. Where a magistrate or minister fails to notify the Registrar of the solemnization of a marriage under the last preceding section, the Registrar shall not register the marriage until-
(a) he is satisfied, by means of a declaration made by a person who witnessed the marriage and the production of the marriage certificate or such other evidence as the Registrar requires, that the marriage was solemnized by the magistrate or minister; and
(b) he is furnished by the person making the declaration with such information as the Registrar requires for the purpose of registering the marriage.
Degrees of consanguinity or affinity.
27.-(1) A marriage shall not be solemnized between two persons who are within the prohibited degrees of consanguinity, or, unless an order of dispensation has first been obtained under sub-section (3) of this section, between two persons who are within the prohibited degrees of affinity.
(2) A marriage solemnized in contravention of the last preceding sub-section is null and void.
(3) Where the Central Court is satisfied that a marriage between two persons within the prohibited degrees of affinity ought to be permitted, the Court may, on application being made to it for that purpose, make an order of dispensation permitting the marriage.
(4) Where the person obtains an order under the last preceding sub-section, he shall lodge one copy of the order with the Registrar.
(5) For the purposes of this section-
(a) the following persons are within the prohibited degrees of consanguinity:-
(i) in the case of a male person - his ancestress, descendant, sister, father's sister, mother's sister, brother's daughter or sister's daughter;
(ii) in the case of a female person - her ancestor, descendant, brother, father's brother, mother's brother, brother's son or sister's son; and
(b) the following persons are within the prohibited degrees of affinity:-
(i) in the case of a male person - his wife's mother, wife's grandmother, wife's daughter, wife's son's daughter, wife's daughter's daughter, father's wife, grandfather's wife, son's wife, son's son's wife or daughter's son's wife; and
(ii) in the case of a female person - her husband's father, husband's grandfather, husband's son, husband's son's son, husband's daughter's son, mother's husband, grandmother's husband, daughter's husband, son's daughter's husband or daughter's daughter's husband.
PART V. - MISCELLANEOUS.
Birth, death or marriage occurring on vessel.
28.-(1) Where a birth, death or marriage occurs on a vessel during a voyage to the Island or while at the Island, the master of the vessel shall, within seven days after the arrival of the vessel or the occurrence of the birth, death or marriage, whichever is the latter, notify the Registrar of the birth, death or marriage and furnish to the Registrar such information as the Registrar requires for the purpose of registering the birth, death or marriage.
Penalty: Ten pounds.
(2) The Registrar shall register a birth, death or marriage notified to him under the last preceding sub-section in a special Register.
(3) A registration under this section shall be effected by an entry in the special Register-
(a) in the case of a birth - in accordance with Form 1;
(b) in the case of a death - in accordance with Form 3; and
(c) in the case of a marriage - in accordance with Form 4,
but shall also contain particulars of the name and nationality of the vessel and the name of the master of the vessel.
Copies, extracts and certificates of entries.
29.-(1) The Registrar shall maintain a general index of all entries of births, deaths and marriages in the Registers (including entries made before the commencement of this Ordinance).
(2) A person may apply in writing to the Registrar for a search to be made in the index kept in pursuance of the last preceding sub-section and to have issued to him a copy of, or an extract from, the entry of any birth, death or marriage.
(3) An application under the last preceding sub-section shall specify-
(a) the particular entry which the person desires to find or of or from which he desires to have issued to him a copy or extract; and
(b) the reason for which the search and the copy or extract is required.
(4) Subject to the succeeding provisions of this section, the Registrar shall, on receipt of an application under this section and on payment of a fee of Two shillings and sixpence-
(a) search the index and appropriate Register; and
(b) if the entry is in the Register - issue to the applicant a copy of, or an extract from, the entry, certified by the Registrar.
(5) Where the Registrar is of opinion that an application for a search and a copy or extract is made for an improper reason, he may refuse to make the search and to issue the copy or extract.
(6) Where an entry has been corrected in accordance with the next succeeding section, a copy or extract of the entry issued under this section shall be a copy or extract of the entry as corrected but the Registrar may, in his discretion, endorse on the copy or extract particulars of the correction.
(7) Where, in the case of an entry of a birth, a new name has been registered under section twelve or section thirteen of this Ordinance, a copy or extract of the entry issued under this section shall be a copy or extract of the entry as containing the new registered name.
(8) Where the Registrar has entered particulars of the change of name of a person in the margin of the entry of the birth of the person in the Register of Births under section fourteen of this Ordinance, the Registrar may, instead of issuing a copy of, or an extract from, the entry under this section, issue a certificate giving particulars of the date and place of the birth shown in the entry and stating the name of the person entered in the margin of the entry as the name under which the birth of the person is registered.
(9) An extract of an entry issued under this section shall not contain any particulars indicating that a person was an ex-nuptial child.
(10) Where the Registrar is of opinion that a copy of an entry should not be issued, he may refuse to issue the copy and may issue an extract of the entry.
Correction of errors.
30.-(1) Where the Registrar discovers, or is informed of, an error, omission or mis-statement in an entry in a Register he may correct the error, omission or mis-statement.
(2) Subject to the next succeeding sub-section, a correction under the last preceding sub-section -
(a) in the case of the entry of a birth - shall be made in the presence of and attested by a parent of the child;
(b) in the case of the entry of a death - shall be made in the presence of and attested by the person who notified the Registrar of the death; and
(c) in the case of the entry of a marriage - shall be made in the presence of and attested by the persons who were married.
(3) Where, under the last preceding sub-section, a correction is required to be made in the presence of and attested by a person who is dead or absent, or who has no knowledge of the truth of the correction, the correction may be made in the presence of, and attested by, two witnesses who have knowledge of the truth of the correction.
(4) A correction under this section-
(a) shall be made in the margin of the Register opposite to the entry;
(b) shall contain a notation of the date on which the correction was made; and
(c) shall be signed by the Registrar.
(5) Where a correction is made under this section, the Registrar shall, where practicable-
(a) advise any person to whom a certified copy or extract of the entry has been issued containing the error, omission or mis-statement which has been corrected of the correction, and
(b) if requested by that person, issue to that person, without charge, a certified copy or extract of the entry as corrected.
Validation.
31. Where an entry of a birth, death or marriage is contained in a register or record of births, deaths or marriages that has been certified by the Administrator under section six, section fifteen or section twenty-two of this Ordinance and forms part of a Register-
(a) the birth, death or marriage shall be deemed to have been duly registered;
(b) the entry shall be deemed to have been made by a person duly appointed to register the birth, death or marriage, as the case may be; and
(c) in the case of a marriage, the person who officiated at the marriage shall be deemed to have been a person duly appointed for that purpose.
Evidence of registration.
32. A copy of, or an extract from, an entry in a Register, or a certificate, issued under section twenty-nine of this Ordinance, it shall be received for all purposes as evidence of the facts stated in the copy, extract or certificate and of the fact that the birth, death, marriage or change of name, as the case may be, has been registered.
Still-born child.
33. For the purpose of this Ordinance, a still-born child shall be deemed to have been born alive and to have subsequently died.
Registrar to inform himself correctly of particulars.
34.-(1) Subject to sub-section (3) of this section, the Registrar shall, before making an entry in a Register, make such inquiries as he thinks necessary to inform himself correctly of the particulars required to be entered.
(2) A person shall not fail to furnish to the Registrar any information which is required of him by the Registrar under the last preceding sub-section.
Penalty: Ten pounds.
(3) The Registrar may, in his discretion, dispense with any of the particulars required to be entered in a Register.
Causing false entry in a Register.
35. A person shall not knowingly, whether by means of false information furnished to the Registrar or to a person empowered to solemnize marriages or by any other means, cause a false or incorrect entry to be made in a Register.
Penalty: Twenty pounds.
Defence where information not furnished.
36. It is a defence to a prosecution for an offence under this Ordinance of failing to furnish information to the Registrar if the defendant establishes that the information had not come to the defendant's knowledge.
Declarations.
37.-(1) A person shall not make a declaration which he is required or permitted to make for the purposes of this Ordinance knowing any statement in the declaration to be false.
Penalty: Fifty pounds.
(2) A declaration which a person is required or permitted to make for the purposes of this Ordinance may be made before-
(a) the Registrar or Deputy Registrar;
(b) a magistrate of the Central Court;
(c) a minister; or
(d) the Director of Police.
Form of information or particulars.
38. Particulars or information required to be furnished to the Registrar under this Ordinance, shall, if the Registrar so determines, be in a form determined by the Registrar.
________
THE SCHEDULE
FORM 1
ENTRY OF A BIRTH IN THE REGISTER OF BIRTHS
Section 6
Birth registered at ........, on the ............ day of ........., 19.. by ......... Registrar or Deputy Registrar.
Folio No. of Entry | Particulars of Child | Particulars of Parents | Name, occupation, and Usual Place of Residence of Informant if other than Parent | Signature of Informant | Particulars of any Change of Name, notified in pursuance of Section 12 or Section 13 of the Ordinance | |||||
Date and Place of Birth | Name | Sex | Name, Occupation, Age, and Birthplace of father | Name, Maiden Name, Birthplace Age, and Usual Place of Residence of Mother | Date and Place of Marriage | Names of all previous Issue of the Marriage | ||||
| | | | | | | | | | |
_____
FORM 2
Section 12 (2)
BIRTHS, DEATHS AND MARRIAGES ORDINANCE 1957
CERTIFICATE OF BAPTISM
I, ...................., Minister of religion of ............, hereby certify that I have this day baptised by the name of ......... a male/female child produced to me by ........of ....... as the son/daughter of .................. and ........., and declared by the said .................. to have been born at ............ the .................. day of ..........., 19... and to have been registered under the name of ................
Dated this .......... day of ............., 19...
Minister of religion
_________
FORM 3
Section 15(2)
ENTRY OF A DEATH IN THE REGISTER OF DEATHS
Death registered at .............., on the ...............day of .............., 19.., by ................ Registrar or Deputy Registrar.
Folio No. of Entry | Particulars of Deceased Person | Cause of Death | Name and Usual Place of Residence of Medical Practitioner giving Certificate of Death | Name and Usual Place of Residence of Person Conducting Funeral and of each of the Witnesses to the Funeral | Name, Occupation and Usual Place of Residence of Informant | Signature of Informant | |||||
Date and Place of Death | Name and Usual Place of Residence | Sex and Age | Place of Birth | If Married | |||||||
Place of Marriage, Age at Marriage and to whom Married | Living Issue in order of Births, their Names and Ages, and Number of Male and Female Issue Deceased | ||||||||||
| | | | | | | | | | | |
______
FORM 4
Section 22(2)
ENTRY OF A MARRIAGE IN THE REGISTER OF MARRIAGES
Marriage registered at .............., on the ................day of ..............., 19.., by ............ Registrar or Deputy Registrar.
Folio No. of Entry | Data and Place of Marriage | Name, Occupation and Former Conjugal Condition of Husband | Name, Occupation and Former Conjugal Condition of Wife | Date and Place of Birth of Husband | Date and Place of Birth of Wife | Particulars of Parents | Name, Occupation and Usual Place of Residence of Informant | Signature of Informant | |
Name, Occupation and Usual Place of Residence of Each of the Parents of the Husband | Name, Occupation and Usual Place of Residence of Each of the Parents of the Wife | ||||||||
| | | | | | | | | |
_____
Section 24.
FORM 5
CERTIFICATE OF MARRIAGE
This is to certify that I, ........................of ...........................a person empowered to solemnize marriages under Part III, of the Births, Deaths and Marriages Ordinance 1957, after being furnished with a declaration and any written consents to the marriage required in pursuance of that Ordinance, have this day at ................. duly solemnized a marriage between .......................
(Name, designation and address of husband) and
(Name, designation and address of wife).
Dated this ................ day of ............, 19...
(Signature of Person Solemnizing Marriage)
(Signature of Husband).
(Signature of Wife).
(Signatures of Witnesses).
Dated this ............ day of ............., 19...
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