3. The Births and Deaths Registration Act is hereby amended as follows: -
FORM GG DECLARATION OF NAME BY THE PERSON HIMSELF (Section 27) i,....................................................................................................,do hereby.... declare that I am the male (female) child born on the......................................, ......................................................................,at..........................................................., ......................................................................, in...................................................to... .....................,..............................................and.......................................................... his wife, and whose birth was registered in the division of..............................., ........................................................on the................................................................... -...............................................................day of...................................................... 19.........................,..,....,...,and that I have received the name of........................., Witness my hand this............................................................................................ ....................................................day of....................................................,19............. Signature. Declared before me at...........................................................................................,9 this......-...............................................day of..........................................,19......... Justice of the Peace or District Registrar. Appropriate Stamp. (Section 27) FORM HHDECLARATION OF ALTERATION OF NAME BY THE PERSON HIMSELF I,............................................................................................ , do hereby declare that I am the male (female) child born on the.................................................... at................................................................................................................................. in .................,........................................, to.........................................................and .............................................,his wife, and whose birth was registered in the division of............................................................................................................ on the...............-............................................................................................................ day of................................................................, 19............, and that my original name............................................................................................................................. has been altered to................................................................................................... Witness my hand this............................................................................................ day of.,.................................................., 19..................... Signature, Declared before me at................................................................................. this............................................................., day of........................................, 19....... Justice of the Peace or District Registrar. Appropriate Stamp." | (A) in section 10 thereof, by the repeal of subsection (3) of that section, and the substitution therefor, of the following subsection:
| | '(3) Every registration entry consisting of the particulars registered under the preceding provisions of this section-
| | | (a) shall be made in the order of time in which those particulars were given to the registrar; |
| (b) shall be numbered consecutively and shall be signed by the officer making the entry; and |
| (c) shall be prepared in triplicate, that is to say, the original, the second copy (hereinafter referred to as the " duplicate "), and a third copy which shall bear an endorsement under the hand of the District Registrar, Additional District Registrar, or registrar, as the case may be, that it is issued under the provisions of section 11A: |
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| (B) by the insertion, immediately after section 11 thereof, of the following new section which shall have effect as section 11a thereof:
| | 11A. Where a registration entry is made in triplicate in accordance with the provisions of this Act by the registrar of a division or by a District Registrar or by an Additional District Registrar on particulars furnished by an informant, such registrar or District Registrar or Additional District Registrar shall forthwith, free of charge, deliver or transmit by post to such informant, the third copy of that registration entry."; | | |
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| (C) in section 27 thereof-
| | (i) by the substitution, for subsections (1) and (2) of that section, of the following sub sections: -
| | | " (1) Where the birth of any person has been registered without a name being specified in the registration entry at the time of the registration or if his name has been altered after that time, the Registrar-General or the appropriate District Registrar or the Additional District Registrar may, on application made in writing in accordance with the provisions of subsection (2), amend, after such inquiry as he may consider necessary, the birth registration of such person, by the substitution, addition, insertion or omission of particulars relating to his name. |
| (2) Every application under subsection (1 shall be-
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| | (ii) by the substitution, for the marginal note to that section, of the following marginal note: - | | |
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| (D) by the insertion, immediately after section 27A thereof, of the following new section which shall have effect as section 27A thereof:
| | 27A.
| | | (1) A person whose birth has been registered (whether under this Act or under any past enactment), or his parent or guardian, or a person aggrieved by any particulars in the entry relating to that birth may make a written application to the Registrar-General in accordance with the provisions of subsection (2) for an order directing-
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| (2) Every application under subsection shall be accompanied by a written declaration in the prescribed form made before the Registrar-General or any District Registrar or any Additional District Registrar and shall bear a stamp of the value of five rupees supplied by the applicant and a certified copy of the birth registration entry in proof of the contents of the entry, |
| (3) On an application made in accordance with the preceding provisions of this section, for the amendment of an entry in a register of births, the Registrar-General may, after due notice to such parties and persons as may be interested, and after due inquiry held by him or by an officer authorized by him in that behalf, make such order, whether in terms of the application or otherwise, as the justice of the case may require. |
| (4) The order made by the Registrar -General shall be published in the prescribed manner. |
| (5) Any person aggrieved by the Registrar-General's order may appeal to the District Court against that order within thirty days of the publication of notice of the order under the preceding subsection, and such apneal shall be by a petition in writing bearing a stamp of the value of five rupees. |
| (6) Every order of the District Court shall be subject to an appeal to the Supreme Court within a period of thirty days from the date on which a certified copy of the order of the District Court is served on the Registrar-General. |
| (7) The District Court shall cause a certified copy of every order made by that court or by the Supreme Court in appeal to be served on the Registrar-General . |
| (8) Notwithstanding the right of appeal against an order of the Registrar-General or of the District Court, the order of the Registrar-General shall be given provisional effect by the amendment of the registration entry to which the order relates but without prejudice to the duty of the Registrar-General to make such further amendments as may be rendered necessary by the order of the District Court or Supreme Court upon any appeal, as the case may be. |
| (9) The procedure in regard to appeals to the Supreme Court under this section shall, so far as is practicable, be regulated by the law relating to appeals to the Supreme Court from the District Court in the exercise of its criminal jurisdiction,; |
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| (E) by the repeal of section 28 thereof, and the substitution therefor, of the following section:
| | 28.
| | | (1) A person whose birth has been registered (whether under this Act or under any past enactment), or his parent or guardian, or a person aggrieved by the particulars in respect of the race of the father in the entry relating to that birth, may make a written application to the District Court of the district in which the birth occurred for an order directing the alteration of all or any of the particulars in the register relating to the race of the father of such person, or for the omission of such particulars or for the insertion of fresh particulars, in any case where the original particulars had been falsely or improperly entered. |
| (2) Every application made under subsection (1) shall bear a stamp of the value of five rupees supplied by the applicant. |
| (3) On an application to the District Court, in accordance with the preceding provisions of this section, for the amendment of an entry in a register of births, the District Court may, after due notice to the Registrar-General, the appropriate registrar, and such other parties and persons as the court may think fit, and after due inquiry, make such order, whether in terms of the application or otherwise, as the justice of the case may require. |
| (4) Every order of the District Court shall be subject to an appeal to the Supreme Court within a period of thirty days from the date on which a certified copy of the order of the District Court is served on the Registrar-General under the provisions of subsection (5). |
| (5) The District Court shall cause a certified copy of every order made by that court under subsection (3) or by the Supreme Court in appeal to be served on the Registrar-General. |
| (6) The Registrar-General, on receipt of a certified copy of a court order served on him under subsection (5), shall give effect to the order, and where the order includes a direction for the amendment of a registration entry, shall make or cause such amendment to be made; |
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| (F) in section 52 thereof, by the substitution for paragraphs (h) and (i") of subsection (1) of that section, of the following paragraphs: -
| | " (h) there is any other error or omission of fact or substance in a birth registration entry, or where the informant has failed to furnish or has omitted, or erroneously furnished any particulars in a birth registration entry, not being an error or omission of fact or substance which can be amended under the other provisions of this Act; or | | |
| | (i) there is any other error or omission of fact or substance in a death or stillbirth registration entry or where the informant has failed to furnish or has omitted or has erroneously furnished any particulars in a death or still-birth registration entry; or ''; | | |
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| (G) in section 56 thereof, by the repeal of subsection (2) of that section and the substitution therefor, of the following subsection: -
| | " (2) The applicant shall supply in respect of every written application and in respect of every certified copy or certified extract thereof a stamp or stamps of such value as may from time to time be prescribed."; | | |
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| (H) by the repeal of section 57 thereof, and the substitution therefor, of the following section:
| | 57.
| | | (1) The third copy issued under section 11a or a certified copy of, or a certified extract from, a registration entry obtained under section 56 shall be received as prima facie evidence of the birth, death or still-birth to which that copy or extract relates if that entry purports to have been made in accordance with the provisions of this Act, and that copy or the extract purports to have been made under the hand of the Registrar-General, or an Assistant Registrar-General, or the appropriate District Registrar, or the appropriate Additional District Registrar, or under the hand of the appropriate registrar. |
| (2) A certified copy or a certified extract of a registration entry issued under the appropriate section of any past enactment shall be received as prima facie evidence of the birth, death or still-birth to which that copy or extract relates if that entry purports to have been made in accordance with the provisions of such enactment and that copy or extract purports to have been made under the hand of the Registrar-General, an Assistant Registrar-General, the appropriate District Registrar, or the appropriate Additional District Registrar, or under the hand of the appropriate registrar," ; and |
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| (1) in the Schedule thereto, by the substitution for form GG and form HH, of the following new form GG and form HH : |
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Sri Lanka Consolidated Acts