[Repealed by Act 17 of 2015, dated 13-5-20152]
Be it enacted by Parliament in the Sixty-third Year of the Republic of India as follows
Prefatory Note Statement of Objects and Reasons. The Anand Marriage Act, 1909 (7 of 1909) was enacted with the object to remove doubts as to the validity of the marriage ceremony common among the Sikhs called Anand . This form of marriage is also known as Anand Karaj and has long been practised among the Sikhs. As there were good reasons to believe that doubts may be thrown upon such marriages and Sikhs may have to face great difficulties and incur heavy expenses on suits instituted in the civil courts, the said enactment was passed in order to validate such marriages.
2. The Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has proposed insertion of a clause in the Anand Marriage Act, 1909 to provide for registration of Sikh marriages in the year 2007. The Committee further informed that there was consensus on the said proposal of the Committee and requested the Legislative Department to take necessary steps in amending the Anand Marriage Act, 1909 providing for registration of marriages solemnized under the Act.
3. Further several representations have also been received seeking amendments in the Anand Marriage Act, 1909 to provide for compulsory registration of Anand Karaj marriages.
4. In view of the recommendations of the Standing Committee and several representations received in this regard, it is proposed to provide for registration of Anand Karaj marriages solemnized by Sikhs amending the Anand Marriage Act, 1909 to ensure evidentiary value thereof. Therefore, it is considered necessary to amend the Anand Marriage Act, 1909 to provide for registration of marriages.
5. It is proposed to provide in the Bill that the parties to the marriage whose marriage has been registered under this Act shall not be required to get their marriage registered under the Registration of Births and Deaths Act, 1969 (after the enactment of proposed amendments) or any other law for the time being in force.
6. The Bill seeks to achieve the above objects.
(1) This Act may be called the Anand Marriage (Amendment) Act, 2012.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
In Section 2 of the Anand Marriage Act, 1909 (7 of 1909) (hereinafter referred to as the principal Act), after the words the Sikh Marriage ceremony called Anand , the words (commonly known as Anand Karaj) shall be inserted.
After Section 5 of the principal Act, the following section shall be inserted, namely
6. Registration of marriages. (1) For the purposes of facilitation of proof of marriage ceremony (commonly known as Anand Karaj) customary among the Sikhs, the State Government shall, without prejudice to anything contained in the Hindu Marriage Act, 1955 (25 of 1955) or any other law for the time being in force, make rules providing that the parties to any such marriage [whether solemnized before or after the commencement of the Anand Marriage (Amendment) Act, 2012], may have the particulars relating to their marriage entered, in such manner and subject to such conditions as may be provided in the said rules, in a Marriage Register kept by such officer of the State Government or of a local authority authorised by the State Government, by notification in the Official Gazette, in this behalf.
(2) The Marriage Register shall, at all reasonable times, be open for inspection, and shall be admissible as evidence of the statements contained therein and certified extracts therefrom shall, on an application, be given by the Registrar to the parties to the marriage on payment of such fees as may be provided in the rules.
(3) Notwithstanding anything contained in this section, the validity of any Anand Marriage solemnized shall in no way be affected by the omission to make an entry in the Marriage Register.
(4) Every rule made by the State Government under this section shall be laid before the State Legislature, as soon as may be, after they are made.
(5) The parties to the marriage, whose marriage has been registered under this Act, shall not be required to get their marriage registered under any other law for the time being in force (including State Act). .
1. Received the assent of the President on June 7, 2012 and published in the Gazette of India, Extra., Part II, Section 1, dated 8th June, 2012, pp. 1-2, No. 31
2. Ed.: Act 29 of 2012 repealed by Act 17 of 2015, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2015: 4. Savings. The repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment provide or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.