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Section 33

Entry in register as evidence of birth, death or presumed death

of Births and Deaths Registration Act 1957

ActIn forceProvision 39 of 52
Section 33
(1)

Subject to the provisions of this section an entry or a

Certificate of Birth, Certificate of Death or Certificate of Presumed

Death relating thereto purporting to have been duly certified under subsection 32(2) shall be received without further or other proof as evidence of such facts and particulars relating to such birth, death or presumed 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, Certificate of

Death or Certificate of Presumed 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

(ca) the entry is an entry of presumed death which has been made upon receiving an order from a Court; 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

28 Laws of Malaysia ACT 299

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, Certificate of Death or Certificate of Presumed 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)

photographically reproduced; or

(b)

an extract of the information contained in the register in a form prescribed which form may be different from that in which the original entry was made.

Offences

Offences relating to registers