VALIDATION OF REGISTRARS’ PROCEEDINGS



VALIDATION OF REGISTRARS’ PROCEEDINGS
AN ORDINANCE TO PROVIDE FOR THE VALIDATION OF PROCEEDINGS BY OR BEFORE REGISTRARS INVALIDATED BY IRREGULARITIES.
Ordinance Nos,
3 of 1912
[29th April
, 1912
]
Short title.

1. This Ordinance may be cited as the Registrars’ Proceedings Validation Ordinance.

Interpretation.

2. In this Ordinance ” registrar ” means any person discharging or purporting to discharge the function of registering in any public record any matter which is by law authorized or required to be registered.

Power of Minister to validate certain invalid registrations and proceedings.

3. Where, whether before or after the passing of this Ordinance-

(a) any registration of a birth, death, marriage, document, or any other matter which is by law required or authorized to be registered ; or

(b) any proceeding taken or purporting to be taken by or before a registrar by virtue of his office,

is invalidated by reason of any informality, mistake, or accidental omission, whether relating to the appointment of the registrar, or the limits of his jurisdiction, or the manner in which the registration or proceeding was made or taken, or any other incidental circumstance, and no other means are by law provided by which the registration or proceeding may be validated, it shall be lawful for the Minister by Order notified in the Gazette, to give directions for the correction of the mistake, informality, or omission, and to make any other order that may be necessary for the purpose of giving validity to the registration or proceeding.

Effect of validation.

4. Any registration or proceeding so validated shall have effect as if it was validly made or taken at its original date.

Savings as to the registration of documents.

5. Where the matter in question is the registration of a document, the provisions of this Ordinance shall be subject to the following savings:-

(a) no right, title, or interest that may have been acquired by a person not a party to the document between the date of its original registration and the date of its validation shall be prejudicially affected by such validation;

(b) nothing in this Ordinance shall be deemed to authorize the validation of a registration made after the interval prescribed by law for the making of such registration where the validity of the registration depends upon its being made within the prescribed interval.

Saving as to marriages.

6. Where the proceeding in question is a marriage, nothing in this Ordinance shall be deemed to authorize the validation of a marriage otherwise invalid where any party to the marriage has subsequently contracted a valid marriage.