                                    CENSUS   [ CAP. 118.       1
CHAPTER 118
CENSUS ACT
To make provision for the taking from time to time of a Census.
 (28th February, 1948) *
Enacted by ACT II of 1948, as amended by Ordinance XXV of 1962;
Legal Notices: 4 of 1963, 46 of 1965; and Acts: XLIX of 1981, XIII of 1983
and VIII of 1990.
Short title.
Interpretation.
"Malta" has the same meaning as is assigned to it by section 124
of the Constitution of Malta.
Power to take 
census.  
Amended by: 
XXV.1962.4; 
L.N. 4 of 1963.
3. (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.
Appointment of 
census officer. 
Amended by: 
XXV. 1962.4; 
L.N. 4 of 1963.
4. 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.
Duties of census 
officer. 
Amended by: 
XXV. 1962.4; 
L.N. 4 of 1963.
5. (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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Expenses to be a 
charge on the 
Consolidated 
Fund.
(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
Fund.
Power of Prime 
Minister to make 
regulations. 
Amended by: 
XXV.1962.4; 
L.N. 4 of 1963.
6. (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.
Power to 
administer oath.
(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
oath.
Census officer to 
make report. 
Amended by: 
L.N. 46 of 1965.
7. (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.
                                    CENSUS   [ CAP. 118.       3
No report to reveal 
individual 
particulars.
(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.
Enumerators’ 
power to enter.
8. 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.
Access to public 
records.
9. 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.
Offences and 
penalties. 
Amended by: 
XLIX.1981.4; 
XIII. 1983.5.
10. (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,
Cap.9. 
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
one hundred liri.
Punishment for 
unlawful 
publication or 
communication.
(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 one hundred liri or to both such imprisonment and fine.
SCHEDULE 
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.
