LexThe Gujarat Registration of Marriages Act, 2006
Gujarat · state statute
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GUJARAT ACT NO. 16 OF 2006.
THE GUJARAT REGISTRATION OF MARRIAGES ACT, 2006 .
CONTENTS
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SECTIONS
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1. Short title, extent and commencement.
2. Definitions.
3. Appointment of Registrar of Marriages.
4. Marriages to be registered.
5. Memorandum of marriage.
6. Memorandum of marriage submitted
after thirty days.
7. Signature on memorandum and fees to be paid.
8. Power to refuse registration
of marriage.
9. Appellate power of Registrar-General.
10. Appeal from order under section 9.
11. Register of marriages.
12. Register to be open for public inspection.
13. Non-registration not to invalidate marriage.
14. Responsibility of employer, etc. of
verification of marriage registration
certificate.
15. Penalty for neglecting to comply with
provisions of section 5 or for making
false statement in memorandum.
16. Penalty for failing to file memorandum.
17. Penalty for secreting, destroying or
altering register.
18. Sanction for prosecution.
19. Registrar to be public servant.
20. Indemnity to persons acting under this
Act.
21. Power to make rules.
22. Provisions of this Act to be in
addition to and not in derogation of other laws.
23. Power of State Government to give directions.
24. Power to remove difficulties.
25. Repeal and savings.
SCHEDULE
2
The following Act of the Gujarat Legislature, having been
assented to by the Governor on the 31 st March, 2006 is hereby
published for general information.
S.S.PARMAR,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 16 OF 2006.
(First published after having received the assent of the Governor
in the “ Gujarat Government Gazette ”, on the 31 st March, 2006).
AN ACT
to provide for registration of marriages in the State of Gujarat and for the
matters connected therewith or incidental thereto.
It is hereby enacted in the Fifty-seventh Year of the Republic of India
as follows:-
1. (1) This Act may be called the Gujarat Registration of Marriages Act,
2006.
(2) It extends to the whole of the State of Gujarat.
(3) This section shall come into force at once and the remaining provisions
shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
Short title,
extent and
commencement.
3
2. In this Act, unless the context otherwise requires, -
(a) “to contract a marriage” means to solemnize or enter into a
marriage under any law for the time being in force or by custom or
usage in any form or manner;
(b) “marriage” includes re-marriage;
(c) “memorandum” means a memorandum of marriage referred to
in sections 5 and 6;
(d) “priest” means any person who solemnizes a marriage;
(e) "prescribed" means prescribed by rules made under this Act;
(f) “register of marriages" means the register of marriages
maintained under this Act;
(g) “Registrar” means the Registrar of Marriages appointed under
this Act;
(h) “Registrar-General” means the Registrar-General of Births, Deaths
and Marriages appointed for the State of Gujarat under the Births,
Deaths and Marriages Registration Act, 1886.
3. (1) The State Government may, by general or special order, appoint,
either by name or by virtue of their office, such number of persons as it thinks
necessary, to be the Registrars of Marriages for such local areas as may be
specified in the order, and one or more Registrar may be appointed for one or
more such areas for carrying out the purposes of this Act.
(2) The Registrar shall exercise such powers and perform such duties
as may be prescribed by or under this Act and shall work under the general
supervision and control of the Registrar-General and the State Government.
4. From the date of the coming into force of this Act, every marriage
contracted in the State shall be registered in the manner provided in section 5
or, as the case may be, section 6.
5. The parties to a marriage shall prepare a memorandum in the Form
specified in the Schedule and shall deliver or send by registered post the said
memorandum in duplicate to the Registrar of the area where marriage is
contracted, within a period of thirty days from the date of the marriage.
6. (1) A memorandum of a marriage may be submitted by the parties
to the marriage to the Registrar of the area where marriage is contracted after
the expiry of the period of thirty days specified in section 5.
VI of
1886.
Definitions.
Appointment of
Registrar of
Marriages.
Marriages to be
registered.
Memorandum of
marriage.
Memorandum of
marriage
submitted after
thirty days.
4
(2) Nothing in sub-section (1) shall affect the liability of any
person to any penalty under section 15, who has omitted or neglected to
deliver or send the memorandum within the period of thirty days specified in
section 5.
7. Every memorandum submitted under section 5 or 6 shall be signed by
the parties to the marriage and by the priest and the wintesses and shall be
accompanied by such fees as may be prescribed.
8. (1) Where the Registrar, before whom the memorandum is presented
under section 5 or 6, on scrutiny of the documents submitted with the
memorandum or, on the other facts noticed or brought to his notice, is satisfied
or has reason to believe that,-
(a) the marriage between the parties is not performed in
accordance with the personal law of the parties; or
(b) the identity of the parties or the witnesses or the persons
testifying the identity of the parties and the solemnization of the marriage is
not established beyond reasonable doubt; or
(c) the documents tendered before him do not prove the marital
status of the parties,
he may, after hearing the parties and recording the reasons in writing, refuse to
register the marriage and may-
(i) call upon the parties to produce such further information or documents
as deemed necessary, for establishing the identity of the parties and the
witnesses or correctness of the information or documents presented to him, or
(ii) if deemed necessary, also refer the papers to the local police station
within whose jurisdiction the parties reside, for verification.
(2) Where on further verification as provided in sub-section (1), the
Registrar is satisfied that there is no objection to register the marriage, he may
register the same. If in the opinion of the Registrar, the marriage is not fit for
registration, he may pass an order of refusal in writing, recording the reasons
therefor and send the duplicate copy thereof to the Registrar-General.
9. (1) Any person aggrieved by the order of the Registrar refusing to
register the marriage under section 8,may, within a period of thirty days from
the date of receipt of such order, appeal to the Registrar-General in such
manner and accompanied by such fees as may be prescribed.
(2) The Registrar-General, after giving an opportunity of being heard
to the party concerned, pass an order, after recording the reasons in writing,
directing the Registrar to register the marriage or confirming the order of the
Registrar.
Signature on
memorandum and
fees to be paid.
Power to refuse
registration of
marriage.
Appellate power
of Registrar-
General.
5
10 . Any person aggrieved by the order of the Registrar-General made
under section 9 may, within a period of thirty days from the date of the order,
appeal against such order to the District Court within the local limits of whose
jurisdiction the Registrar of Marriages has his office and the decision of the
District Court on such appeal shall be final and thereupon the Registrar shall
act in conformity with such decision.
11. (1) The Registrar shall maintain a register of marriages contracted
in the State in such form and in such manner as may be prescribed. On receipt
of the memorandum of marriage under section 5 or 6, the Registrar shall file
the same in the register and shall send the duplicate copy thereof to the
Registrar-General.
(2) On registration of the marriage, the Registrar shall issue a
certificate of registration of marriage to the parties in the prescribed form.
12. The register of marriages shall, at all reasonable times, be open to
inspection and the certified extracts therefrom shall, on application, be given
by the Registrar to the applicant on payment of such fees as may be
prescribed.
13 . No marriage contracted in the State shall be deemed to be invalid
solely by reason of the fact that it was not registered under this Act or that the
memorandum was not delivered or sent to the Registrar or that such
memorandum was defective or incorrect.
14. No employer or a Government or Semi-Government Authority or
Company or Public Sector Undertaking or Local Authority shall carry out any
change in their office record or in any office documents, such as change in the
marital status or change of nomination, of its employee or in their dealings
with any person, customer or client unless the employee or, as the case may
be, the applicant, applying for carrying out or recording of such change,
submits a certified copy of the certificate of registration of marriage granted
under section 11 or granted under any other law for the time being in force.
15. Any person who -
(a) omits or neglects to deliver or send the memorandum as required by
section 5; or
(b) makes any statement in the memorandum which is false in any
material particular, and which he knows or has reason to believe to be
false,
shall, on conviction, be punished with fine which may extend to one thousand
rupees.
Appeal from
order under
section 9.
Register of
marriages.
Register to be
open for public
inspection.
Non-registration
not to invalidate
marriage.
Responsibility of
employer, etc. of
verification of
marriage
registration
certificate.
Penalty for
neglecting to
comply with
provisions of
section 5 or for
making false
statement in
memorandum.
6
16. The Registrar who wilfully fails to file the memorandum pursuant to
section 5 or 6 shall, on conviction, be punished with imprisonment for a term
which may extend to three months or with fine which may extend to one
thousand rupees or with both.
17. Any person secreting, destroying or dishonestly or fraudulently
altering the register of marriage or any part thereof shall, on conviction, be
punished with imprisonment for a term which may extend to two years or with
fine which may extend to ten thousand rupees or with both.
18. No prosecution for an offence punishable under this Act shall be
instituted except by an officer authorised by the Registrar-General by general
or special order, in this behalf.
19. Every Registrar while acting or purporting to act in pursuance of the
provisions of this Act or rules made thereunder, be deemed to be a public
servant within the meaning of section 21 of the Indian Penal Code.
20. No suit, prosecution or other legal proceeding shall lie against the
Registrar or any employee subordinate to him for anything which is in good
faith done or purporting to be done under this Act or rules made thereunder.
21. (1) The State Government may, by notification in the Official
Gazette, and subject to the previous publication, 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 powers and duties of the Registrar under section 3;
(b) the form and the manner in which register of marriages and records
required to be maintained and the form of certificate of registration
of marriage to be issued under section 11;
(c) the custody in which the register and records are to be kept and the
preservation of such registers and records;
(d) the fees to be paid under section 7 and 12;
(e) creating awareness for registration of marriages;
(f) any other matter which may be or requires to be prescribed.
(3) All rules made under this section shall be laid for not less than thirty
days before the State Legislature as soon as possible after they are made and
shall be subject to rescission by the State Legislature or to such modifications
as the State Legislature may make during the session in which they are so laid
or the session immediately following.
(4) Any rescission or modification so made by the State Legislature shall
be published in the Official Gazette , and shall thereupon take effect.
XLV of
1860.
Penalty for
failing to file
memorandum.
Penalty for
secreting,
destroying or
altering register.
Sanction for
prosecution.
Registrar to be
public servant.
Indemnity to
persons acting
under this Act .
Power to make
rules.
7
22. The provisions of this Act are in addition to and not in derogation of
any other law for the time being in force.
23. The State Government may, from time to time, issue such directions
not inconsistent with the provisions of this Act, to the Registrar and to the
Registrar-General, as it may thinks fit in this regard, for the effective and
smooth implementation of the provisions of this Act, and the Registrar and the
Registrar-General shall comply with such directions.
24 . (1) If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by order published in the Official Gazette ,
make such provisions not inconsistent with the provisions of this Act, as may
be necessary for removing the difficulty:
Provided that no order under sub-section (1) shall be made after the
expiry of two years from the date on which this Act comes into force.
(2) Every order made under this section shall be laid, as soon as
may be after it is made, before the State Legislature.
25. (1) The Bombay Registration of Marriages Act, 1953 is hereby
repealed.
(2) Nothing in this Act shall affect, -
(a) the marriages duly contracted and registered under the repealed
Act;
(b) anything done or any action taken or any extracts of register given
under the repealed Act; or
(c) any rules made or any register of marriages maintained under the
repealed Act until they are rescinded or modified.
SCHEDULE
FORM
( See section 5 )
MEMORANDUM OF MARRIAGE
1. Date of Marriage.
2. Place of marriage (with sufficient particulars to locate the place).
3. (a) Full name of the bridegroom.
(b) His age. (Attach true copy of birth registration certificate or
affidavit in the prescribed form)
(c) Religion.
V of 1954.
Provisions of this
Act to be in
addition to and not
in derogation of
other laws.
Power of State
Government to
give directions.
Power to
remove
difficulties.
Repeal and
savings.
8
(d) Usual place of residence.
(e) Address.
(f) Status of the bridegroom at the time of marriage, whether
(Please tick whichever is applicable).
(g) Signature of the bridegroom with date.
4. (a) Full name of the bride.
.
(b) Her age. (Attach true copy of birth registration certificate
or affidavit in the prescribed form)
(c) Religion.
(d) Usual place of residence.
(e) Address.
(f) Status of the bride at the time of marriage whether
(Please tick whichever is applicable).
(g) Signature of the bride with date.
5. (a) Full name of the father or mother or guardian of
the bridegroom.
(b) Age.
(c) Usual place of residence.
(d) Address.
6. (a) Full name of the father or mother or guardian of the bride.
(b) Age.
(c) Usual place of residence.
(d) Address.
7. (a) Full name of the priest.
(b) Age.
(c) Usual place of residence.
(d) Address.
(e) Signature of the priest with date.
8. (1) (a) Full name of first witness.
(b) Age.
(c) Address.
(d) Signature with date.
(2) (a) Full name of second witness.
(b) Age.
(c) Address.
(d) Signature with date.
...............
unmarried
widower
divorced
married and
if so, how
many wives
are alive.
unmarried
widow
divorced.
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