CENSUS ACT (preamble—censusact)

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CHAPTER 118

CENSUS ACT

To make provision for the taking from time to time of a Census.

(28th February, 1948) *

ACT II of 1948, as amended by Ordinance XXV of 1962; Legal Notices

4 of 1963, 46 of 1965; Acts: XLIX of 1981, XIII of 1983 and VIII of 1990;

and Legal Notices 409 of 2007 and 105 of 2008.

The short title of this Act is the Census Act.

MATTERS IN RESPECT OF WHICH PARTICULARS MAY BE

REQUIRED

1. Names, sex, age, infirmities.

2. Occupation, profession, trade or employment.

3. Nationality, birthplace, language.

4. Place of abode and character of dwelling.

5. Condition as to marriage, relation to head of family, issue

born.

6. Any other matter with respect to which it is desirable to

obtain statistical information with a view to ascertaining

the economic, social or civil condition of the population.

"Gazette" means the Malta Government Gazette;

"Malta" has the same meaning as is assigned to it by section 124

of the Constitution of Malta.

(1) Subject to the provisions of this Act, it shall be lawful

for the Prime Minister by order from time to time to direct that a

census shall be taken for Malta, and any order under this section

may prescribe -

(a) the date on which the census is to be taken, and

(b) the persons by whom and with respect to whom

information for the purpose of the census is to be

furnished, and

(c) the particulars to be stated in the returns

Provided that no particulars shall be required to be stated

other than particulars with respect to such matters as are mentioned

in the Schedule to this Act.

(2) Any order made under this section may be revoked,

amended or varied by a subsequent order.

It shall be lawful for the Prime Minister to appoint a fit and

proper person as census officer and such appointment shall be

published in the Gazette.

(1) It shall be the duty of the census officer to make

arrangements and do all such things as are necessary for the taking

of a census in accordance with the provisions of this Act and of any

order or regulations made thereunder, and for that purpose to make

arrangements for the preparation and issue of the necessary forms

and instructions and for the return of the forms when filled up.

(2) The census officer in exercise of his powers and in the

performance of his duties under this Act or under any order or

regulations made thereunder, shall be subject to the control of, and

comply with any directions given by the Prime Minister.

*See Government Notice No. 104 of the 2nd of March, 1948.

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(3) All expenses incurred with the sanction of the Prime

Minister in connection with the taking of a census or otherwise in

connection with the exercise of powers or the performance of

duties under this Act shall be defrayed out of the Consolidated

(1) For the purpose of enabling any order directing a

census to be taken to be carried into effect, the Prime Minister may

make regulations -

(a) providing for the division of Malta into districts for the

purpose of the census and the appointment of persons

to act in those districts in connection with the census;

(b) requiring all such persons as may be employed for the

purpose of the census to perform such duties in

connection with the taking of the census as may be

prescribed;

(c) requiring persons employed for the purpose of the

census to make a written declaration on oath or

otherwise as may be prescribed with respect to the

performance of their duties and prescribing the form of

such declaration;

(d) requiring the Director or other person in charge of

every prison, lock-up or other place of confinement

and the officer in charge of any hospital or other public

or charitable institution in Malta to make return with

respect to inmates thereof and to conform to such

instructions as may be given to him;

(e) requiring information to be given to the persons liable

to make returns by the persons with respect to whom

the returns are to be made;

(f) with respect to the forms to be used in the taking of a

census;

(g) for the allowance to be paid to persons employed in

connection with the taking of the census;

(h) making provision with respect to any other matters

with respect to which it is necessary to make provision

for the purpose of carrying into effect the provisions of

the order.

(2) For the purposes of any declarations prescribed by the

regulations as provided in paragraph (c) of subsection (1) of this

section, the census officer shall have the power to administer the

(1) The census officer shall, as soon as may be after the

taking of a census, prepare or cause to be prepared a tabulated

report on the census returns, showing the number of persons

enumerated in Malta as a whole and in each town, village or parish

thereof, and every such report shall be printed and laid before the

House of Representatives.

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(2) No report, summary of statistics or other publication under

this Act shall contain any of the particulars comprised in any

individual return so arranged as to enable any person to identify

any particulars so published as being particulars relating to any

individual person.

It shall be lawful for every enumerator appointed under the

regulations made under this Act in so far as may be necessary for

the purpose of this Act to enter every house within his district on

the day appointed for taking a census and at any time during the

period of four weeks immediately preceding the said day, and he

may repeat his visits to and entries into and upon any house in his

district as often as may be necessary for the purpose of obtaining

from any inmate of any such house any further information or

explanation necessary to enable him to complete, verify or correct

any account given to or taken by him in respect thereof or of the

inmates thereof.

Every person who has the custody or charge of any public

records or documents, or of any records or documents of any

company or body corporate, from which information relating to the

objects of any census ordered under this Act may be obtained, or

which would aid in the completion of such census, shall grant to the

census officer or to any enumerator, or person authorized in writing

by the census officer, access thereto for the purpose of obtaining

such information therefrom.

(1) If any person -

(a) refuses or neglects to comply with or acts in

contravention of any of the provisions of this Act or

any order or regulations made under this Act; or

(b) being a person required under this Act to make a

written declaration with respect to the performance of

his duties, makes a false declaration; or

(c) being a person required by any order or regulations

made under this Act to make, sign, or deliver any

document, makes, signs, or delivers, or causes to be

made, signed, or delivered a false document; or

(d) being a person required in pursuance of any such order

or regulations to answer any question, refuses to

answer or gives a false answer to that question,

he shall for each offence, save where the fact constitutes a graver

offence under the Criminal Code or any other law, be liable on

conviction before the Court of Magistrates to a fine not exceeding

two hundred and thirty-two euro (232).

(2)

If any person -

(a) being a person employed in taking a census, without

lawful authority publishes or communicates to any

person, otherwise than in the ordinary course of such

employment, any information acquired by him in the

course of his employment; or

(b) having possession of any information which to his

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knowledge has been disclosed in contravention of this

Act, publishes or communicates that information to

any other person; or

(c) in the pretended performance of duties under this Act,

obtains, or seeks to obtain, information which he is not

duly authorized to obtain,

he shall, on conviction before the said court, be liable to

imprisonment for a term not exceeding one year, or to a fine not

exceeding two hundred and thirty-two euro (232) or to both such

imprisonment and fine.