PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04, 2013
(PAUSA 14, 1934 SAKA)
PART - I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS,
PUNJAB
NOTIFICATION
The 4th January, 2013 No. 1-Leg./2013.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 4th January, 2013, is hereby published for general information :
2.
THE PUNJAB COMPULSORY REGISTRATION OF
MARRIAGES ACT, 2012
(Punjab Act No. l of 2013)
AN
ACT
to provide for the compulsory registration of marriages solemnized der any law governing the parties irrespective of their religion, caste, creed or nationality and for the matters connected therewith or incidental thereto. Be it enacted by the Lagislature of the State of Punjab in the Sixty-third Year of the Republic of India as follows:
Short title and
1. () This Act may be called the Punjab Compulsory Registration commencement. of Marriages Act, 2012.
(2) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint in this behalf. In this Act, Unless the context otherwise required,
(a) "Chief Registrar of Marriages" means the Chief Registrar of Marriages, appointed as such by the State Government under Section 9;
(b) "District Registrar of Marriages" means the District Registrar of Marriages,appointed as such by the State Government for a District under section 10;
(c) "foreign national" means any person who is not a citizen of India and shall include Persons of Indian Origin (PIO) and Overseas Citizens of India (0CI);
(d) "marriage" means and includes a marriage, solemnized in the State Definitions.
NJ B GOVT. GAZ. ( TRA), RY 04,2013
SA 14, 1934 KA)
RT - 1
EP RTMENT F AL D EGISLATIVE AFFAIRS,
OTI CATION
The 4th January, 2013 No. 1-Leg./2013.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 4th January, 013, er y ubli ed r eneral ation -
J PULSORY GI ATI N
AR I GES CT, 2
njab ct No. 1 of 2013) i e r the compulsory registration of marriages solemnized under aw verni g the parties irrespective of their religion, casie, creed nationality a for at ers nnected therewith or incidental thereto. ct the Lagislature of the State of Punjab in the Sixty-third Year of the Republi s:-
1 i ct h j mpulsory Registration
of Marriages ct, 2.
) t hall n o date, as the State Government may, by notification in h Of i i l azet e, a i t in h alf.
2. In this Act, Unless the co t t h i uired,-
(a) "Chief Registrar of Marriages" the C i Regi str r o
ar iages, a i as su the S e ent
S 9
(b) "District Registrar of Marriages" m the Distr t Registr r of
Mar iages, ppointed as such by the S e G ent for a Dist t
und t 1
(¢c) "foreign national" means any pe son w is no a ci tizen o India
(d)
and sh l includ P so of Ind an O n (PIO and O r eas
Citizen of Ind a (OCl
"marriage" mea and includ a mar , solem in the State title
commencement.
Definitions
1
Every marmagc to be regislercd
2
()
(h) (i)
(G)
3
(k)
PUNJAB GOVT. GAZ. (EXTRA),.
()
ofPunjatb under any of the following Act,customs or laws, namely:-()
(PAUSA 14, 1934 SAKA)
(e) "marriage register" means a register of marriages maintained under this Act:
the Indian Christian Marriage Act, 1872: (15 of I87) () the Anand Marriage Act, 1909 (7 of 1909):
(ii) the Muslim PersonalLaw (Shariat) )Application Act, 1937(26
(g) "Non-resident Indian" (NRI) means a person of Indian origin, who is either permanently or temporarily settled outside India for any of the following purposes,
of 1937):
(iv) the Hindu Marriage Act, 1955 (25 of 1955): or
(v) any other custom or personal law relating to marriages:
"Municipality" means an institution of self-government constituted under article 243Q of the Constitution of India:
(i) for or on taking up employment outside lndia, or
(ii) for carrying on a business or vocation outside India, or
(ii) for any other purpose, as would indicate his/her intention in such circumstances to stay outside the territorial limits of India for an uncertain or determined period for fultilling or compieting such purpose,
"Panchayat"'means an institution (by whatever name called) ot self government for the rural areas constituted under article 243B ofthe Constitution of lndia;
"prescribed" means preseribed by the rules made under ths Act,
"Priest" means any person pertonning religious les of any religion and who has solemnized the mariage, soughu lo be registered,
"Registrar of Marriages" meals a Registrar of Marrages apponted
as such by the State iovenent under
secion Il, and
"State Govemment" cans the wvcuicat ot the Stalc of Punjab.
On or after the cOmnencemcnl ot this AcL, CVery Marriage, () between the parties, who are lndian nalionals; or
, JANUARY ( 04, 2013
Eve marnape to i t ed
PUNJ B GOVT. GAZ. E RA), JANUARY 04, 39,
PA A)
(¢)
7)
(Lg)
1
(J)
of Punj b under of h low Act,customs of laws
1) h dian Christian Marriage Act, 1872: (15 of 1872)
(11) the Anand Marriage Act, 1909 (7 of 1909). (rr) Mushm Personal Law (Shariat) Application Act, 1937 ' pl
of 19017): (26
(iv) the Hindu Marriage Act, 1955 (25 of 1955) or (Vv) om aw in marriage
"marriage register" means a register of marriages mamtained nde, h ct;
"Municipality" means an institution of self-government constitired under article 243Q of the Constitution of India;
"Non-resident Indian" (NRI) means a person of Indian origin. whe 1s either permanently or temporarily settled outside India for any or low purposes,-
(i) fororon taking up employment outside India; or (if) for carrying on a business or vocation outside India; or (iif) for any other purpose, as would indicate his/her intention in such circumstances to stay outside the territorial units of India for an uncertain or determined period tor fultilhing or completing such purpose;
hayat means an institution (by whatever name called) of self government ral nsti under H
of the onsti u ion I di
r scri ed" eans cr d c les a nder this t
" riest means any person pertoniing religious rites o b aity retigiod
has sol mnized the marciage. sought to be registered
"Registrar of Marnages" eans Regist rar of aimiages pointed
as y State Gover men unde r atian un
N )
" ate G rn ent" means Govenment l t te f Pu
Om or alter con mencemant ol his ACL ever Marnage ,-
(1) een the arties, h are I i ati nals; i
2
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04, 2013
(PAUSA 14, 1934 SAKA)
solemnized or performed irrespective of rcligion, caste, creed or nationality shall be registered in the manner as provided in section 4;
(ii) between tlhe parties, one ofwhom at least is a citizen of India and other a non-resident lndian or a foreign national, Provided that in case of any marriage, where one of the parties is non resident lIndian or foreign national, it shall be mandatory for such parties to disclose and mention in writing, hisher passport number, name of country from which it has been issued and its period of validity, besides his/her permanent residential/ official address in the country of current overseas abode and his/her valid, present social security number or any such similar other indetification proof officially issued by the country of foreign abode, which information shall be entered in the certificate of marriage as also in the marriage register.
(2)
3
4. (1) The parties to a marriage or any of their parents or relations, shall prepare and sign a memorandum in such form, as may be prescribed, and shall present the same in duplicate to the registrar of Marriages as per provisions of section 5, within a period of three months from the date of the marriage. The memorandum shall also be signed by the priest.
(3) The memorandum shall be accompanied by such fee in the form of
(4) Where the Registrar of Marriages, before whom the memorandum
is presented under sub-section (1), on scrutiny finds or otherwise has reason to
believe that,
(c)
(a) the marriage between the parties, has not been performed in
accordance with the personal law, applicable to the parties;or
(b) the identity of the parties of the witnesses or the persons, testify ing
the identity of the parties and the solemnization of the marriageis
not established beyond reasonable doubt;or
the documents attached to the said memorandumdo
not prove the
marital status of the parties,
he may, after hearing the parties and recording the reasons to do so in writing,
refuse to register the marriage, andmay
(i) call upon the parties to produce such further informationor
documents, as he may deem necessary for establishingthe Memorandum of
Marriage
court fee stamps and shall be attested by such person, as may be prescribed.
1
a
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013 3
(PAUSA 14,19 SA
(ii) between the parties, on of whom at lea is a citizen of Ind a o h a n - nt Ind an o a foreign n o al,
nized o pe form i res ctive reli i n, ca creed o n o ali sh be reg s ered in the m as p o d in sec ion 4; Provided that in case of any marriage, where one of the parties is non- re d t o fo e g n al, it al be mandat for such p to d sc o n ent in writ , h /he p ort n ber, m f country rom w it has been issued and its period of validity, besides his/her permanent residential/ official address in the country of current overseas abode and his/her valid, present social security number or any such similar other indetification proof officially ssu h t e, i n o mati n l in h
certificate of marriage as also in the marriage register.
I r o ar h i t o s,
shall prepare and sign a memorandum in such form, ri ed,
hall nt h am n pli ate o h ist r o Marriages isi ns
of section 5, within a h onths rom h h marriage.
(2) e ora hall g priest.
(3) The e or all panied o m court fee am s shall r n, a r scri ed.
(4) here the egistrar arriages, ef re e ora is resented der -secti n ), t y s or otherwise believe that,-
(a) the ar iage een arties, as ot ed ordance it ersonal , pplicable arties; r (hb) he entity oft e arties oft e itnes es r ersons, t the identity of the arties l nization f ar iage not st li hed ond nable oubt; r
(¢c) the cuments t t e ai emorandu ot r ve t e marital st t s f t e parties,
he may, after hearing the parties and r cording the r asons t o so in writing, refuse to register the marriage, and may —
(i) call upon the parties t produce s ch further i f rmation o r
documents, as he may de neces ary for est bli i g t e Memorandum of
ar i e
3
Memoandum of marvage submt led alle the sipulated peod
4 PUNJABGOVT. GAZ. EXTRA), JANUARY 04, 2013
(PAUSA 14, 1934 SAKA)
identity of the parties and the witnesses or correctness of the
information or documents, presented to him or for any other reason specilied in writing; or
fii) if deemed necessary, referthe
relevant documents to the
Concerned Government agency within whose
jurisdiction,the
parties reside for verification.
(S) Where on scrutiny of documents presented to him or on further Intormation as provided under sub-section (4), the Registrar of Marriages is
satisficd that there is no objecction (o register the marriage, he shall cnter the
same in the marriage register within the prescribed period. Ifin the opinion of the Registrar of Marriages, the marriage is not fit for registration, he shall pass an order of refusal, in writing, afler recording the reasons therefor and send a copy thereof to the District Registrarof Marriages.
(6) Notwitlhstanding anything contained in sub-section(5), the Registraur of Marriages either suo-moto or otherwise, may enter any marriage, which takes place in his jurisdiction in the arriage rogister, alter calling the parties nd aseertaining the facts, required for registration ol marriuge.
(7) The persons who have solemnized their marriages, belore the date of comencement of this Al, may also get their marriages registered, if' they
or ny of them, were residents ol the Stateof Pnjab at the time of marriage,
subject, however, to the provisions of this Act.
(8) Ifa mariage is already registercd outside the State of Punjab, it
shall not repistercd ngain in the Stute of Pnjab
5. () The nnemorandum of marrage may be subnited to the Kepistrar of Marinpes, afler the the expiry of a period of hree onths,but ot after NiX DIOntbs, ulongwith such tec, us uuy be prescribed, by deseribing the reasons lor not sulbnitting the snid uemorndum within the stiypulated period.
2) Auy narige of which delayed intormation is given to the Regisua of Mariapes, uller tlhe expiry ol'a period of'six nonths, but withiu one year of its ocweCe, shall be rogistered only with tlhe written pemisson ot the prewibed anthority and on payment of the preseriled lee nd subnission ot afldavil uly altestod by a Notary Public or any othcr otliver, autlhovzed by the State (iovemment in this behal!.
() Any nariage, which hus not been cgistcrcd witlhin a pewdolone yean lion tlhe late of its oceurnence, shall be registered only with the witten
4 PUNJAB GOVT GAZ. (1XTRA , JANUARY 04,2013
(PAUSA 14, 1934 SAKA)
identity of the parties and the witnesses or correctness of the mformation or docum presented to him or for any other reason specified in writing, or
(11) if d emed nece sary, refer the relevant documents to the concerned Governm agency within whose jurisdiction, the parties reside for verification
(3) Where on scrutiny f docum presented to him or on further information as provided under sub-sec ion (4), the Registrar of Marriages is satisfied that there is no objection to registe the marriage, he shall enter the same in the marriage register within the presc ibe period. [in the opinion of the Registrar of Marriages, the m ag is no fit for registration, he shall pass an order of refusal, in writin , afte reco d n the reasons therefor and send a copy thercol to the District R gist o Mar i es.
(6) Notwithstanding thing ntained in sub-section (5), the Registrar ol Marriages either su mot ise, may enter any marriage, which takes place in his jurisdiction in h ma riage register, alter calling the parties and ascertaining the facts, i registration of marriage
(7) I'he persons ho have sol nized their marriages, before the date of commencement ol this ct ay et eir marriages registered, if they or any ol them, were si ents of tate of Punjab at the time of marriage, subject, however, to the provis ons of t is Act.
(8) 10a marriage 1s alr ady registered outside the State of Punjab, it shall not registered again in the Sta e of Punjab Memorandum ol 5. «/) The memorandum of marviage may be submit ed to the marriage s i Repastra of Marnges, after the the expiry o a period of three months. but ted alter the :
N
not alter six months, alongwith such fee, as may be prescribed, by describing stipulated period oo the reasons or not submitting the sid memorandum within the stipulated period
(7) Any martinge of which delayed information is piven to the Repistra of Marges, after the expiry ol a period of six months, but within one year ol is occurence, shall be registered only with the written petimisson of (the prescribed authority and on payment of the proscribed foe and submission ol analhdavit duly attested by n Notary Public or any other othieer, authorized by
the State Government in this behalf | |
(1) Any mm 8 ' er fromthe on av: whie hay not been tepistered within a period of one ' dale o TOIT, =
Iv oecurence, shall he registered only with the wertten
4
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04, 2013
(PAUSA 14, 1934 SAKA)
permission of the Chief Registrar of Marriages and on payment of such fee, as may be prescribed and on submission of an aftidavit duly attested by an officer authorized by the State Government in this behalf.
The Registration of marriage shall be nmade in the office of the Registrar of Marriages, within whose jurisdiction the marriage was solemnized or within whose jurisdiction, either or both parties to the marriage have their permanent place of residence. In case of marriages, solemnized outside the State of Punjab, the registration of marriages can be made in the office of Registrar of Marriages where either party or parties thereto have their temporary residence in the State of Punjab.
7. () Any person,aggrieved by the order of Registrar of Marriages Appeal. refusing to register a marriage under sub-section (5) of section 4, may, within a period of thirty days from the date of passing of such order, appeal to the District Registrar of Marriages in such manner and on payment of such fees, as imay be prescribed.
(2) The District Registrar of Marriages may, after giving an opportunity of being heard to the parties concerned, pass an order confirming the order of the Registrar of Marriages or after recording the reasons, in writing, direct the Registrar of Marriages to register the marriage or may pass such order, as he Imay deem fit.
(3) Any person aggrieved by the order of the District Registrar of Marriages confirming the order of refusal to register a marriage under sub-section (2), may, within a period of sixty days from the date of receipt of such order, further appeal to the Chief Registrar of Marriages in such manner and on payment of such fee, as may be prescribed.
(4) The Chief Registrar of Marriages, after giving an opportunity of being heard to the party concerned, shall pass an order confirming the orderof the District Registrar of Marriages or the Registrar of Marriages concerned or after recording the reasons, in writing, direct the District Registrar of Marriages or the registrar of Marriages concerned, as the case may be, to register the marriage or shall pass such order, as he may deem fit. Place of
registration
of marriage.
8. No marriage in the State of Punjab shall be deemed to be invalid solely by the reason or the fact that it was not registered under this Act or that the memorandum was not presented to the registrar of Marriages or that such memorandum was defective or incorrect.
Non-registration
not to invalidate
marriage.
v
n
&
~a
NJAB V I. GAZ. (EXTRA), RY 04,2013 5
PA 14,1934 A)
permission of the Chief egistrarof Ma riages and on payment of such fee, as may be prescribed and on submission of an affidavit r t ori ed h t t over ment n half.
6. The Registration of marriage shall be made in the office of the Registrar of Marriages, within whose jurisdiction the marriage was solemnized or within whose jurisdiction, either or both parties to the marriage have their permanent place of residence. In case of marriages, solemnized outside the State of Punjab, the registration of marriages can be made in the office of Registrar of Marriages where either party or parties thereto have their temporary residence in the State of Punjab.
1 on,a grieved h egi ar ar ages
refusing to register a marriage under sub-section (5) of section 4, may, within a period of thirty days from the date of passing of such order, appeal to the District Registrar of Marriages in such manner and on payment of such fees, ma scri ed.
(2) The District Registrar of Marriages may, after giving an opportunity of being heard to the parties concerned, pass an order confirming the order of e egistrar ar iages i h ns, riti g, t h
egistrar ar i ges ist r h ar i e a er,
may m
(3) Any person aggrieved er istrict egistrar Marriages confirming the er sal ister ar i e er sub-section (2), may, it i r om t i t such order, further appeal to hief egistrar ar iages anner and on payment of such fee, as may be prescribed. hief egistrar Marriages, r g an opportunity of being heard to the party concerned, shall pass an order confirming the er o istrict egistrar ar iages egistrar ar iages concerned r i g ns, riti g, i ct istrict egistrar of
Marriages i t ar i es cerned, a e,
r ister e ar i e hall r er, a
8. No marriage in the State nj al ed ali solely by the reason or the fact that it was not registered der ct t the memorandum was not presented to the registrar of ar iages or hat emora as f ct or ect.
ce
i t t n
ar i e.
ppeal.
on-registration
not to
marriage.
5
Chief Registrar of Marriages.
District Registrar of Marriages. Registrar of
Marriages.
() For carrying out the purposes of this Act, the State of Governnnent shall, by notification in the Official Gazette, appointan officer, to be the Chief Registrar of Marriages and such other officers to assist him, as it
9
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04., 2013
(PAUSA 14, 1934 SAKA)
may deem fit.
(2) The ChiefRegistrar of Marriages shall have e jurisdiction over whole of the State of Punjab and shall have all the powers and perform all the dutier conferred and imposed upon him under this Act. All other officers, appointed under sub-section (1), shall exercise such powers, as may be conferred upon them by the State Government.
(3) Every officer, appointed under sub-section(1 ), to assist the Chief Registrar of Mariages, shall exercise his powers, subject to the general superintendence and control of the Chief Registrar of Marriages.
(4) The Chief Registrar of Marriages shall be the Chief Executive Authority in the State of Punjab for the purpose of giving efYect to the provisions of this Act and the rules made thereunder. For this purpose, he may issue directions to all concerned to co-ordinate and assist in the working of registration of marriages in an efficient way and shall prepare a report in this regard in such form and submit the same to the State Government in such manner and at such intervals, as may be prescribed.
10. (1) The State Government shall appoint a District RegistraT o Marriages for each District and such number of Additional District Registras of Marriages, as it may deem fit, who shall, , subject to the general control and directionsof the District Registrar of Marriages, discharge such functiOh, the District Registrar of Marriages may, from time to time, ass1gn to them. Registrar of Marriages, the District Registrar of Marriages shall, siuperintendent
(2) Subject to the general superintendence and control of the Chiet the registration of marriages in the district, and shall be responsible forgiving effect to the provisions of this Act and the rules made thereunder or the directions issued by the Chief Registrar of Marriages from time to time.
11. (1) The State Government shall appoint a Registrar of any two or more for carrying into execution in such areas the provisions of Marriages for comprising the area of a tehsil or sub-tehsil or a combination of this Act;
Municipality or Panchayat or group of Panchayats, any officer or employee Provided that the State Government may appoint, in the Case of hief egistrar f
Marriages.
District egistrar
ar i es.
egistrar
Marriages.
oo
6 J G VT. GAZ. TRA), NUA
RY 04,2013
(PAUSA 14, 4 A)
9 "1y For carrying out the purposes of this Act, the State of Governme t shall, by notification im the Official Gazette, appoint an officer be the Chief Registrar of Marriages and such other officers to as ist hip, 2 may de m it.
(2) The Chief Registrar of Marriages shall have jurisdiction over whole of the State of Punjab and shall have all the powers all the duties conferred and imposed m der i ct. l t er officers, appointeq der b-section (1), shall exercise such powers, as may be conferred upon m t t overnment.
(3) Every officer, ointed der ub-section(1), ssist hief egistrar of Marriages, shall exercise his powers, subject to the general superi t dence ntrol hief egistrar Marriages.
(4) The Chief Registrar of Marriages shall be the Chief Executive Authority in the State of Punjab for the purpose of giving effect to the provisions of this Act and the rules made thereunder. For this purpose, he may issue irections to all concerned to co-ordinate and assist in the working of registration of marriages in an efficient way and shall prepare a report in this regard in such form and submit the same to the State Government in such anner intervals, as a be prescribed.
. (1) The State Government shall appoint a District Registrar of ar i ges istrict ber o Addit onal istrict egistrars of Marriages, a i may de fit, who al , bject o h general control d directions of the District Registrar of Marriages, discharge such functions as e District Registrar o Marriages may, from time to time, assign to then:
oo 2) Subject to h eneral superintendence and control of the co egistrar of Marriages, District Registrar of M the registrati n marriages in the district
effect to h provisions of this
directions issued b hie
1
ceandeit arriages shall, supel tende
" ~ al n g
and shall be responsible 101 giv!
] .
| | N Act and the rules mad e thereunder ©! ( egistrar of Marriage s from time to time:
I. (1) The s |
© 4
ear Of
Marriages for com State Gov ernment shal] appoint a Regi stra! of
any two or more MPrising the area of a teh si] or sub-tehsil o mbination
"
Or carrying into execution ; iiss 0 this Act; 8g nto execution in such areas the provis ion?
6
PUNJAB GOVT GAZ XRA), JANUARY 04, 2037
(PAUSA 4, 1934 SAKA)
thereof, to be a Registtat of Marages under the provtsons of thrs Act Ihc Registrnt of Mainges may also cno oto, or on notice, without fec ot reward. enter and register any marriage which takes place in his mrisdicthon in the marringe register maintained under this Act. after calling the parties concerned and ascertainng the facts which requre such marriage to he registered
(3) Fvery Registrar of Mariages shall have an office in the local area of his quIsdiction for which he is so appointed.
(4) Every Registrar of Marriages hall attend his office for the purpose of registering marriages on such days and at such public hours as the Chief Registrar may direct and shall cause to be placed in a conspicuous place on or near the outer door of his office, a board bearing, in the local language. his name and the designation of the word "Registrar of Marriages" and the public davs and hours of his attendance.
12. Every Registrar of Marriages shall maintain a marriage register, for the area or part thereof, in relation to which he exercises jurisdiction in such lorm. language and manner, as may be prescribed.
13. If the Registrar of Marriages finds that any entry of a marriage in the marriage register kept by hin under this Act, is erroneous in form or substance or has been tradulently or improperly nade, he may, subject o such rules. as may be made by the State Government with respect to the conditions on which and the circumnstances in which, such entries may be corrected or cancelled, correct the error or cancel the entire by making a suitable cntry in the margin, without any aleralion of the original eniry, and shall sign and atlest such entry, made in the margin and indicate the date of correcion or
cancellalion, so made.
Provded that no such correction or alteration shall be llade to the deternenl of any person without giving him an opportunity ot beng heard
14. (1) Subjet to the rules lhade in this behalt by the Stale eteoicnt inchudug tulestclatng to the payment of fees ad pstal charges, ly llay, Cause a scarch lo be made n the prescce ot the Registrar ol Mattiages or any other oftier or ofticial, duly authotzed by tum. (by obtam an cxtract fro suchiegster iclatmg to any MatiaS Mantenance of
marriage register
Correction or
cancellation of
Cntry n the
marriage rcgisiet
lot any entry in a egister ol atages,o
PUNJABGONVT GAZ (EXTRA) JANUA 04 13 7
(PAUSATA 19M SAK
thereof. to be a Registrar of Marniages under the pros iaons of this Act (Y The Registrar of Martinges may also coer mors on an notice with fee or reward. enter and register any marriage which rakes place mn hig mnsdiction m the mariage register maintained under this Act after ling the parties concerned and ascertammg the facts which require such marriage to he registered
"1 bvery Registrar of Marriages shall have an office in the local area of his jurisdiction for which he 1s so appointed
(47 Tvery Registrar of Marriages shall attend his office for the purpose of reg e n marriages such at such pu l h as the C hiet Registrar may direct and shall cause to be placed in a conspicuous place on or near the outer door of his office, a board bearing, in the local language. his name and the designation of the " egistrar o ar i es" n the public davs and hours of his attendance.
12. [very Registrar of Marriages shall maintain a marriage register, for the or art of, m o o hi r i o n
such form. language and manner, as be prescribed
13. If the Registrar of Marriages finds that any entry of a marriage in t e ar i e r gister kept m der i ct, us m
bst ce or has ulently properly made, ay, subject s rules. may ade tat Government it ect nditi ns
on which and the circumstances in hich, ntri s may rr ct r cancelled, correct e rr r or ancel e entire aking suitable entry i the margin, without any alteration of the original eniry, hall si n and attest such entry, made in the margin and i dicate the date of cor ect o cancellation, so made
Provi ed that no such cor ection or alteration shall be made 10 the detcrinent of any person without giving him an opportunity of being heard
14. (1) Subject o the rules made in this behalt by the State Govanne cluding rules relating 1 the payment of fees and postal Charges, any poison nay (ds cause a search 10 be made mm the presen of the RKogisbia of Marriages or any other officer or othicial, duly authorcd by how Tor any cotry ina region of marnages. oi
(hy obtam an extract ftom such repister relating to any iariags Maintenance of
ar age cgister
Correction or
cancellation of
ry in
ar g
RIN TRS |
LE FA
he
cgisic
CRC
7
Penalty. Chief Registrar of Marriages,
District Registrar of Marriages, Registrar of
Marriages and other officers to be public
servants.
Protection of actions taken in good faith.
Power of the
State Government to make rules.
PUNJAB GOVT. GAZ. (EXTRA), JANUARY04,
2013
(PAUSA 14, 1934 SAKA)
(2) All extracts, supplied lunder sub-section(), shall be certified by the Registrarof Marriages or any other officer authorized by the State Government to supply such extractsas
provided in section 76 of the Indian Evidence Act,
1872 (Central Act l of 1872), and shall be
admissible in evidence for the
purpose of proving the marriageto
which these extracts relate.
15. Any person,who,
(a) Willfully omits or fails to present or send memorandum as required under section 4;or
(b) makes any statement in such memorandum, which is false in material particulars and which he knows or has reason to believe to be false:
(c) secretly destroys or dishonestly or fraudulently alters the marriage register or any part thereof. shall be liable to fine, which may extend to one thousand rupees.
16. The Chief Registrar of Marriages, the District Registrarof
Marriages, the Registrar of Marriages and other officers, appointed to perform
functions under this Act, shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860)
17. No suit, prosecution or other legal proceeding shall be instituted
against any person for anything which is in good faith, done or intended to be
done under this Act.
18. () The State Government may, by notification in the Ofticial 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 matter, namely.
(u) the form of memorandum, fee and the person, who shall attest
the same under sub-section () and (3) of section 4;
(b) the period within which a marriage is to be registered under sub-section (5) of section 4;
(c) the fee payable under sub-section (),(2) and (3) of section 5;
(d) the authority mentioned in sub-section (2) of section 5; Penalty.
Chief Registrar of
Marriages,
District Registrar
of Marriages,
Registrar of
Marriages and
other officers to
be public
servants.
Protection of
actions taken in
good faith.
Power of the
State Government
to make rules.
8 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013
(PAUSA 14, 1934 SAKA)
(2) All extracts. supplied under sub-section (1), shall be certifieq by th Registrar of Marriages or any other officer authorized by the State Governmeng to supply such extracts as provided in section 76 of the Indian Evidence Act 1872 (Central Act 1 of 1872 and shall be admissible in evidence for te purpose of proving the ma riage to which these extracts relate.
15.
(a) Any person,who,- Willfully om ts or fails to present or send memorandum as required under section 4;or
(b) makes any stateme in such memorandum, which is false in material pa ticulars and w ch he knows or has reason to believe to be false; or
(¢) secretly destroys o d sh estl o fraudulently alters the marriage register or any p th f.
shall be liable o fin i may extend to one thousand rupees.
16. The hi egistrar Marriages, the District Registrar of Marriages, the Registrar ar iages t er officers, appointed to perform functions nder is Act, al be deemed to be public servants within the meaning of section 21 of the I dian Penal Code, 1860 (45 of 1860)
17. No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith, done or intended to be done under this Act.
18. (1) The Sta e Government may, by notification in the Official Gazette, make rules for carrying out he 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 matter, namely.
(a) the form of memorandum, fee and the person, who shall attest
8
Provisions not to be derogatory to Certain laws.
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04, 2013
(PAUSA 14, 1934 SAKA)
(e) the manner and fee for filing an appeal under sub-section (1) of section 7;
() the manner and fee for filing of further appeal under sub-section (3) of section 7:
(g) the form, manner and intervals at which the report of working of registration of marriages under this Act is to be submitted under sub-section (4) of section 9;
9
(h) the form, language and manner in which marriage register is to be maintained under section 12;
(i) the conditions on which and the circumstances in which, entries may be corrected or cancelled under section 13:
i) the fee for search of any entry in a marriage register and for obtaining an extract under sub-section (l) of section 14; and
(k) any other matter required to be prescribed by or under this Act.
(3) Every rule made under this section, shall be laid, as soon as may be, after it is made, before the House of the State Legislature while it is in session fora total period of ten days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions as aforesaid, the House agree in making any modification in the rule or the House agree that the rule should not be made, the rule shall thereafter, have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment, shallbe without prejudice to the validity of anything previously done under that rule.
19. The provisions of this Act shall be addition to and not in derogation of the provisions of the Indian Christian Marriage Act, 1872 (15 of i 872), the Anand Marriage Act, 1909 (7 of 1909), the Muslim Personal Law (Shariat)
Application Act, 1937 (26 of 1937) and the Hindu Marriage Act, 1955 (25 of
1955).
H.P.S. MAHAL.
Secretaryto Government of Punjab, Departmentof Legal and Legislative Aftairs. 0126/1-2013/Pb. Govt. Press, S.A.S. Nagar ar.
Provisions not to
be derogatory to
"tai Jaws,
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 04,2013 9
( USA 14,1934 SAKA)
(e) the manner and fe for filing an appeal under sub-section (1) of section 7;
(f/ the man er and fee for fili g of further ap eal under sub-section (3) of section 7;
(g) the form, man er and intervals at which the report of working of registration of marriages under this Act is to be submitted under sub-section (4) of section 9;
(h) t e f r , l uage and man er in which marriage register is t be maintained under section 12;
(i) the conditions n which and the circumstances in which, entries ay e or ected r ancel ed nder ecti n 3;
(j) r search of any entry in a marriage register and for obtaining an extract under sub-section (1) of section 14; ) t er at er uir d r scri ed r der i
ct.
(3) er a under this section, shall be laid, as soon as may be, it ade, r h ous of the State Legislature while it is in session l of t n s, which m be comprised in one session or in two or ssi e sessi ns, if before the expiry of the session in which itis o a d h u ssi e sess aforesaid, the House agree in making odificati n in he ru e o House agree that the rule should not be ade, the ru e s l thereafter, effect only in such modified form or be of n e t, a the c b so however, that any such modification or annulment, sh be without prejudice to the validity of anything previously done under that rule.
19 T provis o this A shall be addition to and not in derogation the provisions the Indian Christian Marriage Act, 1872 (15 of 1872). the A Mar ag A 1909 (7 of 1909), the Muslim Personal Law (Shariat) Appl o A 1937 (26 of 1937) and the Hindu Marriage Act, 1955 (25 of
195 ,
H.P.S. M L,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs, 0126/1-2013/Pb. Gov . Pre s, S.A.S. Nagar
9