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Government Gazette Act 1981 [6 MIRC Ch.2]

TITLE - 6 PUBLIC PROCEEDINGS AND RECORDS 6 MIRC Ch. 2

CHAPTER 2.

GOVERNMENT GAZETTE

ARRANGEMENT OF SECTIONS

Section
§201. Short title.
§202. Interpretation.
§203. Establishment of the Government Gazette.
§204. Publication.
§204A. Contents of the Gazette and publication thereof.
§205. Effect of publication in the Government Gazette.
§206. False Government Gazettes.
§207. Notification in place of publication.
§208. Effect of this Chapter .
§209. Allocation of Funds.

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An Act to establish a Marshall Islands Government Gazette, and for related purposes.[section numbering style modified to reflect new format [Rev2003]

Commencement: October 5, 1981
Source: P.L. 1981-4
P.L. 1989-35

§201. Short title.

This Chapter may be cited as the "Government Gazette Act 1981". [P.L. 1981-4, §1.]

§202. Interpretation.

In this Chapter, or in any other law or instrument made after the making of this Chapter, a reference to the Government Gazette is a reference to the Marshall Islands Government Gazette provided for in Section 203 of this Chapter . [P.L. 1981-4, §2.]

§203. Establishment of the Government Gazette.

There shall be an official journal of the Government of the Marshall Islands, which shall be entitled the Marshall Islands Government Gazette. [P.L. 1981-4, §3.]

§204. Publication.

(1) The publication of the Government Gazette shall be the responsibility of the Secretary of Internal Affairs.

(2) Production of a document purporting to be the Government Gazette and to have been printed by authority of the Government of the Marshall Islands is prima facie evidence that the document is a copy of the Government Gazette published on the day stated on it. [P.L. 1981-4, §4; amended bp P.L. 1989-35, §2 substituting new paragraph (1).]

§204A. Contents of the Gazette and publication thereof.

(1) The Gazette shall be published at least once a month, and where the necessity requires, a Gazette Extraordinary may be published any time before the next issue.

(2) All legislation passed by the Nitijela, regulations made under any law, publications and notices, and all instruments required by law to be published or notified, shall be published in the Gazette.

(3) All invitations to bid, and matters relating to procurement of the Government shall be published in the Gazette.

(4) All regulations, notices, and publications of any Government agency, public corporation, or statutory authority that are required to be made or published shall be, and all matters of public interest relating to such agency, corporation, or authority may be, published in the Gazette.

(5) It shall be the duty of the head of every Ministry, Department, Agency, Corporation, or Authority to submit to the Secretary of Interior and Outer Islands Affairs copies of all such documents referred to in subsection (2) above for publication, immediately after enactment, promulgation, or making of such documents. [P.L. 1989-35, §3.]

§205. Effect of publication in the Government Gazette.

(1) Where any instrument is required by law to be published or noticed in the Government Gazette, a copy of the Government Gazette purporting to contain the instrument is, in the absence of proof to the contrary, conclusive evidence of the due making of the instrument on the date stated in it and of its text.

(2) Where the Government Gazette contains any instrument, publication on which in the Government Gazette is not required by law, a copy of the Government Gazette containing the instrument is prima facie evidence of the due making of the instrument on the date stated in it and of its text. [P.L. 1981-4, §5.]

§206. False Government Gazettes.

A person who knowingly compiles a document that purports to be a copy of the Government Gazette, or so closely resembles the Government Gazette that an ordinary person would take it to be a copy of the Government Gazette, or who knowingly publishes or distributes such a document, shall be guilty of a felony and shall upon conviction be liable to a term of imprisonment not exceeding four (4) years. [P.L. 1981-4, §6.]

§207. Notification in place of publication.

(1) Where any other law provides that any instrument shall or may be published in the Government Gazette, it is a sufficient compliance with that law if a notice of the making of the instrument and of its general effect is published in the Government Gazette, together with details of where copies of it may be obtained.

(2) For the purposes of Subsection (1) of this Section, copies of an instrument to which that Subsection applies must be available, at the time of the publication of the issue of the Government Gazette in which the notice is published, at least on Majuro Atoll and at the office of the Chief Secretary's representative on Ebeye Island, Kwajalein Atoll. [ P.L. 1981-4, §7.]

§208. Effect of this Chapter .

(1) The provisions of this Chapter are in addition to, and not in derogation of any other law that provides for the manner of publication of proof of any matter or thing.

(2) Where any law made before the making of this Chapter provides that any matter or thing shall or may be published in a newspaper or other publication, it is a sufficient compliance with that law if the matter or thing is published in the Government Gazette, or noticed in the Government Gazette in accordance with Section 207 of this Chapter . [P.L. 1981-4, §8.]

§209. Allocation of funds.

There shall be appropriated in the annual Appropriation Act a sum not less than twenty thousand dollars (US $20,000) from the General Fund for the expenses relating to the publication of the Gazette. [P.L. 1989-35, §4.]