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Census Act 1960 [Act 16]

11 Enumeration of naval, military and air forces and travellers

The Commissioner shall obtain, by such lawful means as shall appear to him best adapted for the purpose, the prescribed particulars regarding-

(a) any military or air force or any body of men belonging to a vessel of war; and

(b) all persons who at the time when the census is being taken are travelling, or on shipboard, or for any other reason not abiding in any premises of which account is to be taken in the census,


and shall include the information in the abstracts to be made by him as provided in section 15.

12 Employers of labour may be required to be enumerators

(1) Every employer-

(a) of ten or more labourers who reside upon any agricultural estate or mining property, or in any factory or work-shop; or

(b) of such other class or description of labourers as may be prescribed,


shall, upon receipt of a written requisition in that behalf in the prescribed form signed by an Assistant Commissioner or District Superintendent, act or appoint an agent to act as enumerator in respect of all persons employed or residing upon or in the estate, mining property, factory or work-shop.

(2) Every such employer or agent shall enter or cause to be entered, in the schedules delivered to him for the purpose, the prescribed particulars regarding all persons referred to in subsection (1) and shall deliver the schedules, filled in to the best of his knowledge and belief, to the enumerator or supervisor appointed for the area within which the estate, mining property, factory or work-shop is situate, or to such other person as the Assistant Commissioner or District Superintendent may direct.

13 Government servants to assist in taking census

All Government servants shall assist in the work of taking the census, if and when so required by the Commissioner, an Assistant Commissioner or by a District Superintendent.

14 Delivery of schedules and returns

Every enumerator shall deliver to the supervisor of the area for which he is appointed all schedules, and all such returns as may be required by the Commissioner, on a day or days to be appointed for that purpose by the Assistant Commissioner or District Superintendent for the area, and the supervisor shall forthwith verify them and transmit them, together with any other schedules and returns in his custody, to the Assistant Commissioner or District Superintendent who shall forthwith forward the same to the Commissioner, or to such other person as the Commissioner may direct.

15 Abstract to be made and published

(1) The Commissioner shall, upon receipt of the schedules and returns forwarded pursuant to this Act, cause an abstract to be made of the same for each State and an abstract for the whole of Malaysia, and the abstracts shall be printed and published for general information.

(2) In any abstract prepared under subsection (1) with reference to any trade or industry the particulars and information comprised in the abstract shall not be arranged in any way which would enable any person to identify any particulars or information so published as being particulars or information relating to any individual person or business.

16 Offences by census officers

(1) Any census officer and any person employed in the preparation of the abstracts required to be made under section 15 who-

(a) without sufficient cause, refuses or neglects to comply with any instruction or requisition addressed to him by the Commissioner, an Assistant Commissioner or a District Superintendent, or fails to use reasonable diligence in performing any duty imposed on him;

(b) wilfully puts an offensive or improper question;

(c) knowingly makes any false return; or

(d) asks, receives, or takes from any person other than an authorized officer of the Government any payment or reward,


shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred ringgit or to imprisonment for a term not exceeding one month or to both.

(2) Any member of a committee appointed under subsection 4(1), any census officer and any person employed in the preparation of the abstracts required to be made under section 15 who discloses or makes use of, except for the purposes of this Act, any information which has come to his knowledge in the course of his duty as such shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

17 Other offences

(1) Any person who-

(a) refuses to answer truthfully, to the best of his knowledge and belief, any question asked of him by a census officer which he is legally bound so to answer or willfully makes a false answer thereto;

(b) makes, signs, delivers or causes to be made, signed, or delivered any wilfully false or incorrect schedule, statement, or return;

(c) refuses to allow a census officer such reasonable access to any house, land, enclosure, vessel, or other place as he is required by this Act to allow;

(d) removes, obliterates, alters or injures, before the expiry of twelve months from the time of taking the census, any letters, marks or numbers which have been painted, marked or affixed for the purposes of the census; or

(e) refuses or neglects to comply with any provision of this Act or of any regulation made thereunder,


shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred ringgit or to imprisonment for a term not exceeding one month or to both.

(2) Any person who impersonates a census officer shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

18 No prosecution without sanction of the Public Prosecutor

No prosecution shall be instituted under this Act without the previous sanction in writing of the Public Prosecutor.

19 Individual returns not to be disclosed

(1) No individual return of particulars or information, and no part thereof furnished relating to any business, occupation or work shall, without the previous consent in writing of the person having the control, management or superintendence thereof, be published nor, except for the purposes of a prosecution under this Act or under such conditions as may be prescribed, shall any person not engaged in connection with a census be permitted to see any such individual return or part thereof.

(2) In making regulations and prescribing forms under section 6 due regard shall be had to the circumstances of various trades and industries, and in particular to the importance of avoiding the disclosure in any return of any trade secret or of trading profits, or of any other particulars or information the disclosure of which would be likely to tend to the prejudice of the person furnishing the return.

20 Census records secret and not admissible in evidence

No entry in any book, register, or record made by a census officer or by any person in the discharge of his duty under this Act shall be admissible in evidence in any civil or criminal proceeding, save and except a prosecution instituted under this Act in respect of an entry against the person who made, signed or delivered the same, or caused the same to be made, signed or delivered.


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