Meghalaya act 013 of 2012 : The Meghalaya Compulsory Registration of Marriage Act, 2012 (Act No. 13 of 2012)

Section 1.Short title, extent and commencement

(1) This Act may be called the Meghalaya Compulsory Registration Marriages Act, 2012.

(2) It extends to the whole of Meghalaya.

(3) It shall come into force on such date as the state Government may, by notification in the Official Gazette, appoint.

Rules

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
05-10-2015	The Meghalaya Compulsory Registration of Marriages Rules 2015

Section 2.Definitions.

In this Act, unless the context otherwise requires:-

(a) Act means the Meghalaya Compulsory Registration of Marriage Act, 2012;

"¹(b) marriage includes all marriages contracted by persons belonging to any caste, tribe or religion, and the marriages contracted in accordance with customary, practices or traditions and also includes re-marriages and marriages contracted under any existing law.

" (bb)Marriage Officer or License Holder means such officer or license holder notified or authorized under the Indian Christian Marriage Act, 1872(Central Act No.15 of 1872), the Special Marriage Act, 1954 (Central Act No.43 of 1954), the Hindu Marriage Act, 1955(Central Act 25 of 1955) the Meghalaya Moslem Marriages and Divorces Registration Act (Assam Act IX of 1935) (as adopted by the State of Meghalaya) or any other Act for the time being in force in the State.

(cc) ²"personal laws" means the Indian Christian Marriage Act, 1872 (Central Act No.15 of 1872), the Hindu Marriage Act 1955 (Central Act No.25 of 1955), the Moslem Marriages and Divorces Registration Act (as adapted from Assam Act No. IX of 1935), the Anand Marriage Act, 1909 (Central Act No.7 of 1909), the Parsi Marriage and Divorce Act, 1936 and such personal laws in force by law"

(d) "prescribed" means a prescribed by rules made under this Act;

(e) "register" means a register of marriages maintained under this Act;

³(f) "Registrar" means a Registrar of marriages appointed under section 4 of the Act;
(g)⁴"Registrar General of Marriages" means the Secretary to the Government of Meghalaya in the Excise, Registration, Taxation and Stamps Department, ex-officio."

(h) "State Government" means the Government of the State of Meghalaya; and ;.

(i) 4"to contract a marriage" means to solemnize or enter into a marriage in any form or manner, in accordance with any religion, custom, practices or traditions in force and includes marriages solemnized by a Marriage Officer or an authorized License holder under any existing law.

1Substituted by Act No.2 of 2015, Section 2(a). Earlier the words read as (b) marriage includes all marriages contracted by persons belonging to any caste, tribe or religion, and the marriages contracted as per any customs, practices or traditions, and also includes re-marriages and live in relationship. 2Added by Act No 6 of 2017, Section 2. 2

3Substituted by Act No.2 of 2015, Section 2 (b) (f). Earlier the words read as (f)Register means a Register of marriages appointed under this Act;

3Substituted by Act No.2 of 2015, Section 2 b (g). Earlier the words read as (g) Register General of Marriages means the Secretary to the Government of Meghalaya in the Excise, Registration, Taxation and Stamps Department, ex-officio;

4Substituted by Act No.2 of 2015, Section 2 (c). Earlier the words read as (i) to contract a marriage means to solemnize or enter into a marriage in any form or manner, in accordance with any religious, custom, practices or traditions in force.

Section 3.Every Marriage in the state to be registered

After the date on which the provisions of this Act have been brought into force under sub-section (3) of Section 1, every marriage contracted the State shall be compulsorily registered in the manner provided in Section 5 and such ¹"marriage registration" certificate shall be required for all official purposes.

1Inserted by Act No 2 of 2015, Section. Earlier the words read as "marriage".

Section 3A.Special for marriages under various personal laws

¹(1) Any marriage solemnized under various personal laws shall be deemed to be taken under this Act.

(2) The marriage register maintained for the purpose of this Section and filing of returns shall be as prescribed by such personal laws."

1Inserted by Act No 6 of 2017,Section 3 (Section 3A)

Section 3B.Application of the provision of this Act

"¹3B. The provision of this act shall be applicable to the parties to the marriage or in case of living together or co-habitation not covered by their respective personal laws ".

1Inserted by Act No 6 of 2017,Section 3 (Section 3B)

Section 4.Appointment of Registrars of Marriages

The State Government may appoint, one or more officer of the Government as it thinks necessary, to be Registrars of Marriages for such local areas Marriages as it may specify.

Section 5.Memorandum of Marriage.

(1) The parties to a marriage to which Section 3 applies, shall prepare and sign a memorandum in the form as may be prescribed and shall deliver or send by registered post the said memorandum in duplicate to the Registrar of the area within a period of ¹"sixty" days from the date of the marriage.

(2) The memorandum shall also be signed by the bride and the bridegroom and two witnesses from each side.

(3) The memorandum shall be accompanied with a fee as may be prescribed.

(4) The Registrar shall maintain a register of such marriages in such form as may be prescribed and on receipt of the memorandum, he shall file the same in the register and shall also send the duplicate copy thereof to the Registrar General of marriages.

1Substituted by Act No 2 of 2015, Section 6, Earlier the words read as "thirty"

Section 6.Memorandum of marriage submitted after 30 days

(1) A memorandum regarding any particular marriage may be submitted to the Registrar even after the expiry of the ¹"sixty" days as specified in. sub- section (1) of Section 5. However, such memorandum shall be in the form, and shall be signed, as provided for in Section 5 and shall be accompanied with such fee, as may be prescribed. On receipt of such memorandum, the Registrar shall file the same in the Register and shall also send the duplicate copy thereof to the Registrar General as provided in Section 5.

(2) Nothing contained in sub- section (1) shall effect or absolve the liability of any person who has willfully omitted or neglected to deliver or send the memorandum within the period specified in sub-section (1) of Section 5 to any penalty under Section 14.

1Substituted by Act No 2 of 2015, Section 6, Earlier the words read as "thirty"

Section 7.Marriage certification to be given to the couple.

(1) The Registrar shall, as soon as the registration of marriage has been completed, give free of cost, to the couple a certificate of registration of the marriage in the form as may be prescribed under his hand and seal.

(2) Such certificate issued by the Registrar shall be the conclusive proof of registration of the said marriage.

Section 8.Registrar to keep registers in the prescribed form.

(1) Every Registrar shall keep in the prescribed form a Register of Marriage made in the area under his jurisdiction.

(2) The Registrar-General shall from time to time cause to be printed and supplied to the Registrars sufficient number of registers in the prescribed form.

¹"Provided that the provision of this Section shall be applicable to the parties of the marriage not covered by their respective personal laws."

1Proviso added by Act No. 6 of 2017, Section 4.

Section 9.Search of Register.

(1) Subject to any rules made in this behalf by the State Government including the rules relating to payment of fees any person may-

(a) cause a search to be made for any entry in the Register of Marriage; and

(b) obtain an extract from such Register.

(2) all extracts given under sub-section (1) shall be signed by the Registrar concerned and shall be admissible as evidence in any court of law for the purposes of establishing the fact of marriage to which the entry relates.

Section 10.Register to be open for public inspection.

The register maintained under this Act shall, at all reasonable times, be open to inspection and certified extracts there from shall on application be given by the Registrar on payment by the applicant of a fee as may be prescribed for each such extract.

Section 11.Registrar to send periodical returns to the registrar general for compilation.

Every Registrar shall send to .the Registrar-General or to any officer specified by him at such intervals and in such form as maybe prescribed, return regarding entry or marriages registration in the Register kept by such Registrar.

Section 12.Non-registration not to invalidate marriage.

No Marriage in the State of Meghalaya prior to this Act shall be deemed to be invalid solely by the reason of the fact that it was not registered under this Act. “Provided that notwithstanding anything contained in this Act, the ‘Marriage Officer’ or ‘License holder’ under the provisions of various personal laws shall also submit their returns periodically to the respective Registrars of Marriages for the purpose of this section as may be prescribed”.

Section 13.Penalty for failing to register a Marriage.

Any Registrar who fails to register a marriage pursuant to Section 5 or Section 6 shall on conviction be punished with simple imprisonment for a term which may extend to five hundred rupees on both.

Section 14.Penalty for neglecting to comply with the provisions of section 4, 5 and 6 or for making false statement in memorandum.

Any person who

(a) willfully omits or neglects to get his or her marriage registered under this Act as required under section 3; or

(b) willfully omits or neglects to deliver or send the memorandum required by section 5 or 6; or

(c) makes any statement in such memorandum which is false in any material particulars and which he knows or has reason to believe to be false.

Shall, on conviction be punished with simple imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or both.

Section 15.Penalty for secreting, destroying or altering Register.

Any person, destroying or dishonestly or fraudulently altering the register or any part thereof shall, on conviction, be punished with simple imprisonment for a term which may extend to six months and shall also be liable to fine.

Section 16.Offences under this Act summarily triable by a Magistrate

An offence under this Act shall be tried summarily by the Judicial Magistrate of the First Class, in accordance with the procedure as laid down in the Code of Criminal Procedure, 1973.

Section 17.Cognizance of offence under the Act.

No court shall take cognizance of any offence punishable under this Act, except upon a complaint in writing made by the Registrar of the area concerned or by an officer authorized by the RegistrarGeneral of Marriages as the Case may be.

Section 18.Registrar to be public servant.

Every Registrar shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code 186G (No.XLV of 1860)

Section 19.Protection for action taken in good faith.

No suit prosecution or other legal proceedings shall lie against the State Government, the Registrar General of Marriages, any Registrar or any person exercising any power or performing any duty under this Act, for anything which is done or intended to be done in good faith in pursuance of this Act or any rules or orders made thereunder.

Section 20.Power to make rules.

(1) The State Government may, by notification in the Meghalaya Gazette make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-

(a) The duties and powers of the Registrar General of Marriages and the Registrars;

(b) The forms and the manner in which memorandum under sections 5 and 6 shall be filed and registers or records required to be kept by or under this Act shall be maintained.

(c) The custody in whom the registers and records are to be kept and preservation of such registers and records; (d) The fees to be paid the Act.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly of Meghalaya.

Section 21.Application No Provisions not to be derogatory to certain laws.

"¹The provisions of this Act shall be in addition to and not in derogation of the provisions of the existing personal laws in force."

1Substituted by Act No 6 of 2017, Section 6. Earlier the words read as 21. Save as otherwise provided the provisions of this Act shall be addition to an not in derogation of any existing law in force.