LexThe Andhra Pradesh Compulsory Registration of Marriages Act, 2002.
Andhra Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE ANDHRA PRADESH COMPULSORY REGISTRATION OF MARRIAGES
ACT, 2002
ACT No. 15 OF 2002
ARRANGEMENT OF SECTIONS
CHAPTER -I
PRELIMINARY
1. Short title extent and Commencement
2. Definitions
3. Application of other laws not barred
4. Registrar General of marriages
5. District Registrar of Marriages
6. Marriage Officer
CHAPTER II
REGISTRATION OF MARRIAGES
7. Every Marriage in State to be Registered
8. Memorandum of marriage
9. Memorandum of marriages presented after 30 days
CHAPETER - III
PENALITIES
10. Penalty for neglecting to comply with the provisions of section 8 and 9 or
for making false statement in memorandum
11.Penalty for failing to register the marriage
CHAPTER – IV
12.Marriage Certificate to be given to the couple
13.Marriage Officer to keep registers in the prescribed form
14.Search Marriages Register
15.Marriage Officers to send periodical returns to the District Registrar for
compilation
16.Non registration not to invalidate marriage
17.Offence under this Act triable summarily by a Magistrate
18.Sanction for prosecution
19.Registrars/Marriage Officers to be deemed public servants
20.Protection of action taken in good faith
21.Power to make rules
THE ANDHRA PRADESH COMPULSORY REGISTRATION OF MARRIAGES
ACT, 2002
ACT No. 15 OF 2002
[21st May, 2002]
AN ACT TO PROVIDE FOR THE COMPULSORY REGISTRATION OF
MARRIAGES IN THE STATE AND FOR MATTERS CONNECTED THEREWITH
AND INCIDENTAL THERETO.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the
Fifty-third year of the Republic of India as follows:
CHAPTER -I
PRELIMINARY
1. Short title extent and Commencement –(i) This Act may be called the
Andhra Pradesh Compulsory Registration of Marriages Act, 2002.
(ii) It extends to the whole of the State of Andhra Pradesh.
(iii) It shall come into force on such date as the State Government may,
by notification, in the Andhra Pradesh Gazette, appoint.
2. Definitions - In this Act, unless the context otherwise requires:-
(a) “Marriages” include all the marriages performed by persons
belonging to any caste or religion and also the marriages performed as per any
custom, practices or any traditions including the marriages performed in the
tribal areas and the word “Marriage” also includes “remarriages”.
(b) “Local Authority" means the Grama Panchayat or the
Municipality or the Municipal Corporation, as the case may be;
(c) “Government” means the State Government of Andhra Pradesh;
(d) “Notification” means any notification published in the Andhra
Pradesh Gazette and the word “Notified” shall be construed accordingly;
(e) “Prescribed” means prescribed by rules made by the Government
under this Act;
(f) “Public servant” means any employee of the Government, a local
Gram Panchayat, Mandal Parishad, Zilla Parishad, Municipality or Municipal
Corporation owned or controlled by the Government or any Government Agency;
(g) “Register” means a register of marriages maintained under this
Act;
(h) “Memorandum” means a memorandum of marriage mentioned in
Section 8;
(i) “Registrar” Means a Registrar of marriages appointed by the
Government under this Act;
(j) “Marriage Officer” means an officer appointed under this Act;
(k) “Registrar General” means the Registrar General of Marriages
appointed by the Government under this Act;
(l) The expression “custom and tradition” signifies any custom or
tradition which, having been continuously and uniformly observed for a long
time, and prevalent in the force of law in any local area, tribal community etc;
(m) “Magistrate” means a Judicial Magistrate of First Class.
3. Application of other laws not barred -Save as otherwise provided the
provisions of this Act shall be in addition to and not in derogation of any other
law for the time being in force, except to the extent the provisions of other laws
are inconsistent with any provisions of this Act.
4. Registrar General of marriages -(1) TheState Government may,by
notification in theofficial Gazette, appoint a person known as Registrar General
of Marriages;
(2) The State Government may appoint such officers with such designations
as it thinks fit for purpose of discharging under the superintendence and
directions of the Registrar General of Marriages such functions of the Registrar
General under this Act, as he may, think fit from time to timeauthorise and
delegate them to discharge such functions as may be prescribed.
5. District Registrar of Marriages -(1) The State Government may appoint
a District Registrar of Marriages for each District and such number of Additional
Deputy Registrars of Marriages as it thinks fit, who shall subject to the general
control supervision and directions of the District Registrar, discharge such
functions of the District Registrar, discharge such functions of the District
Registrar as the District Registrar may, from time to time, authorise them to
discharge;
(2) The District Registrar of Marriages shall manage and supervise subject to
the directions of the Registrar General of Marriages the registration of marriages
in the district and shall be responsible for carrying into execution in the district
the provisions of this Act, and the orders of the Registrar General of Marriages
issued from time to time for the purpose of this Act.
6. Marriage Officer -(1) The1[Government or Local Authority] may appoint a
Marriage Officer for each local area comprising the area within the jurisdiction of
a Municipal Corporation, Municipality, Gram Panchayat or any other area or a
combination of any two or more areas;
(2) Every Marriage Officer shall, enter in the Register of Marriages maintained
for the purpose, all information given to him under section 7 or section 8and
register the marriage;
(3) Every Marriage Officer shall have an office in the local area for which he is
appointed.
(4) Every Marriage Officer shall attend his office for the purpose of registering
the marriages on such days at such hours as the Registrar General of Marriages
or District Registrar of Marriages may direct and shall cause to be placed in some
conspicuous place on or near the outer door of the office of the Marriage Officer,
a Board bearing in the local language, his name with the addition of “Marriage
Officer" for the local area for which he is appointed and the days and hours of his
attendance.
CHAPTER II
REGISTRATION OF MARRIAGES
7. Every Marriage in State to be Registered -(1) After the commencement
of the Act, every marriage performed in the State shall be registered2[online or
otherwise, as the case may be] under this Act in the manner provided in section
8 notwithstanding the fact that the said marriage had been entered in the
1. Substituted by the Act No. 28 of 2018, S.2.2 . Inserted by the Act No. 28 of 2018, S.3.
Marriage Registers governed by the any other personal laws of the bride or
bridegroom or customs and traditions.
(2) This Act does not apply to the Marriages already registered with the Registrar
of Marriages appointed by the Government.
8. Memorandum of marriage -(1) The parties to a marriage either bride or
bridegroom or their parents or guardian shall inform the Marriage Officer about
the factum of the Marriage to be registered in the Form as prescribed in the
schedule duly signed by the said person, within 30 days from the date of the
marriage in duplicate.
(2) The Memorandum shall be signed by the bride and bridegroom and two
witnesses on each side of bride and bridegroom before the Marriage Officer;
(3) The Marriage Officer shall maintain the Register of Marriages in the Form as
provided in the Schedule and enter in the Register all the information supplied to
him in the memorandum and obtain the signatures of the bride and bridegroom
and two witnesses on each side;
(4) On receipt of the memorandum of the factum of Marriage or the proposed
Marriage and on payment of the such charges, the Marriage Officer may go to
the place specified within his jurisdiction and obtain the signatures of the bride
and bridegroom and two witnesses on each side.
9. Memorandum of marriages presented after 30 days -The memorandum
of factum of marriage may be presented to the Marriage Officer after expiry of a
period of 30 days as specified in sub-section (1) of section 8, and thereafter
within a period of 60 days with the payment of fee of Rs. 100/- (one hundred
only)
CHAPETER - III
PENALITIES
10. Penalty for neglecting to comply with the provisions of sections 8
and 9 or for making false statement in memorandum -Any person who,-
(1) wilfully omits or neglects to get the marriage registered as required in
sections 8 and 9 shall be punished with fine which may extend to one thousand
rupees, or;
(2) Any person who makes any statement in the memorandum which is false
in any material particulars and which he/she knows or has reason to believe to
be false, shall be punished with imprisonment for a term which may extend to
one year or fine which may extend to one thousand rupees or with both.
11. Penalty for failing to register the marriage -Any Marriage Officer who
fails to register a marriage pursuant to section 8 shall be punished with
imprisonment for a term which may extend to three months or fine which may
extend to five hundred rupees or with both.
CHAPTER – IV
12. Marriage Certificate to be given to the couple –(1) The Marriage Officer
shall, as soon as the registration of marriage has been completed, give free of
costs to the couple a Marriage Certificate1 [or digitally signed Marriage
Certificate, as the case may be] in the form as provided in the Schedule under his
hand and seal;
(2) Such Certificate issued by the Marriage Officer shall be the conclusive proof of
the factum of the said marriage.
1. Inserted by the Act No. 28 of 2018, S.4.
13. Marriage Officer to keep registers in the prescribed form -(1) Every
Marriage Officer shall keep in the prescribed form a Register of marriages for the
registration area or any part thereof in relation to which he exercises jurisdiction.
(2) The Registrar General shall cause to be printed and supplied sufficient
number of registers for making entries of Marriages according to such form and
instructions as he may, from time to time prescribe, a copy of such forms in the
local language shall be pasted in some conspicuous place on or near the other
door of office of every Marriage Officer.
14. Search Marriages Register -(1) Subject to any Rules made in this behalf
by the State including the Rules relating to payment of fee, any person may:
(a) Cause a search to be made by the Marriage Officer for any entry in the
Register of Marriages; and,
(b) obtain an extract from such Register relating to Marriages.
(2) All extracts given under this section shall be signed by the Marriage Officer
or any other Officer authorised by the State Government to give such extracts
and shall be admissible in evidence for the purpose of providing the marriage to
which the entry relates.
15. Marriage Officers to send periodical returns to the District Registrar
for compilation - Every Marriage Officer shall send to the District Registrar of
Marriages or to any officer specified by him, at such intervals and in such form as
may be prescribed, a return regarding the entries of marriages in the Register
kept by such Marriage Officer.
16. Non registration not to invalidate marriage - No Marriage performed in
this State to which this Actapplies shall be deemed to be invalid solely by reason
of the fact that it was not registered under this Act.
17. Offence under this Act triable summarily by a Magistrate - An offence
under this Act shall be tried summarily by the Judicial Magistrate of First Class,
in accordance with the procedure as laid down in the Code of Criminal
Procedure, 1973.
18. Sanction for prosecution - No prosecution for an offence punishable
under this Act shall be instituted except by an officer authorised by Registrar
General, by general or special order in this behalf without his prior sanction.
19. Registrars/Marriage Officers to be deemed public servants - All
Registrars of Marriages or Marriage Officers and other Officers appointed under
this Act, shall while acting or purporting to act in pursuance of the provisions of
this Act or any rule or order made thereunder, shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code.
20. Protection of action taken in good faith - No suit, prosecution or other
legal proceedings shall lie against the Government, the Registrar General, any
Registrar or Marriage Officer or any person exercising any power of performing
any duty under this Act, for anything in good faith done or intended to be done in
pursuance of this Act or any rule or orders made thereunder.
21. Power to make rules - (1) The State Government may, by notification in
the official Gazette, make rules to carry out the purpose 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 Registrars of Marriages or Marriage
officers;
(b) the forms and the manner in which the registers or records required to
be kept by or under this Act shall be maintained;
(c) the custody in which the registers and records are to be kept and the
preservation of such registers and records; and
(d) the fee to be paid under the relevant provisions of the Act.
1[(e) the automated marriage registration process.]
(3) Every rule made under the Act shall immediately after it is made, be laid
before the Legislative Assembly of the State if it is in session, and if it is not in
session, in the session immediately following for a total period of fourteen days
which may be comprised in one session or in two successive sessions and if
before the expiration of the session in which it is so laid or the session
immediately following the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule shall, from the
date on which the modification are annulment is notified, have effect only in
such modified form or shall stand annulled, as the case may be, so however that
any such modification or annulment shall be without prejudice to the validity or
anything previously due under that rule.
1. Added by the Act No. 28 of 2018, S.5.
SCHEDULE
FORM-A
(See Section 12)
MARRIAGE CERTIFICATE
I, hereby certify that I have registered
under the Compulsory Registration of Marriage Act, 2002, the marriage of
bridegroom AB with bride CD on this day of 200 in pursuance of
the memorandum dated the day of received by me and the same has been
entered as Serial No. in Page of the Register of
Marriages maintained by me for the year.
Date:
District Registrar of
Marriages/Marriage Office
of the Local Area.
Address:
MEMORANDUM OF MARRIAGE
(See Section 8)
1. Date of Marriage.
2. Place of marriage (With Sufficient particulars to locate the place).
BRIDEGROOM’S PATICULARS.
3. (a) Full Name of the bridegroom.
(b) Father's Name/Mother's Name.
(c) His age at the time of marriage.
(d) Usual place of residence.
(e) Address:
(f) Status of the bridegroom at the time of marriage.
(Whether unmarried/widower/divorced).
Signature of the Bridegroom.
WITNESSES:
1. (a) Name.
(b) S/o. W/o. D/o.
(c) Age:
(d) Usual place of residence.
(e) Address;
Signature of the Witness.
2. (a) Name
(b) S/o. W/o. D/o.
(c) Age:
(d) Usual place of residence.
(e) Address;
Signature of the Witness.
.
BRIDE’S PATICULARS.
3. (a) Full Name of the bride.
(b) Father's Name/Mother's Name.
(c) Her age at the time of marriage.
(d) Usual place of residence.
(e) Address:
(f) Status of the bride at the time of marriage.
(Whether unmarried/widow/Divorced).
Signature of the Bridegroom.
WITNESSES:
1. (a) Name.
(b) S/o. W/o. D/o.
(c) Age:
(d) Usual place of residence.
(e) Address;
Signature of the Witness.
2. (a) Name
(b) S/o. W/o. D/o.
(c) Age:
(d) Usual place of residence.
(e) Address;
Signature of the Witness.