The HARYANA COMPULSORY REGISTRATION OF MARRIAGES act 2008(6 of 2008)

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THE  HARYANA  COMPULSORY  REGISTRATION OF  MARRIAGES
ACT, 2008
(Haryana Act No. 6 of 2008)
Table of contents
SECTIONS:
1. Short title, extent and commencement.
2. Definitions.
3. Chief Registrar.
4. District Registrar.
5. Registrar.
6. Every marriage to be registered.
7. Memorandum of marriages.
8. Appeal.
9. Second appeal.
10. Register.
11. Memorandum of marriage submitted after ninety days.
12. Register to be open for public inspection.
13. Non-registration not to invalidate marriage.
14. Maintenance of register.
15. Correction or cancellation of entry in register.
16. Penalty.
17. Registrars to be public servants.
18. Indemnity.
19. Powers to make rules.
20. Provisions not to be derogatory to certain laws.
21. Repeal and saving.
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1THE  HARYANA  COMPULSORY  REGISTRATION OF  MARRIAGES
ACT, 2008
(Haryana  Act  No. 6 of  2008)
[Received the assent of the Governor of Haryana on the 8th April,
2008, and first published for general information in the Haryana
Government Gazette (Extraordinary), Legislative Supplement Part I of
the 11th April, 2008]
  1  2        3 4
Year No. Short Title Whether repealed or otherwise
affected by legislation
2008 6 The Haryana
Compulsory
Registration of
Marriages Act,
2008
AN
ACT
to provide for compulsory registration of marriages solemnized in the
State of Haryana irrespective of caste, religion and creed and for
matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Haryana in the
Fifty-ninth Year of the Republic of India as follows :—
CHAPTER  I
PRELIMINARY
1. (1) This Act may be called the Haryana Compulsory
Registration of Marriages Act, 2008.
(2) It extends to the whole of the State of Haryana.
2[(3) It shall come into force on such date, as the State
Government may, by notification in the Official Gazette, appoint.
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated
the 5th March, 2008, Page 853.
2. The Act came into force on 16th July, 2008  vide Notification No. S.O. 61/H.A./6/2008/
S. 1/2008, dated the 16th July, 2008.
Short title,
extent and
commencement.
COMPULSORY  REGISTRATION OF
MARRIAGES
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2. In this Act, unless there is anything repugnant to the subject
or context—
(a) “age of bridegroom and bride” shall mean the age not
less than twenty-one years in the case of bridegroom and
eighteen years in the case of bride on the date of marriage
except for those who are governed by customary or
personal law subject to the production of proof thereof;
(b) “Chief Registrar” means the Chief Registrar of marriages
appointed by the State Government under section 3;
(c) “District Registrar” means the District Registrar of
marriages appointed by the State Government for a
district under section 4;
(d) “marriage” means to solemnize or enter into a marriage
in any form or manner and includes remarriage;
(e) “prescribed” means prescribed by rules made under this
Act;
(f) “priest” means any person who solemnizes a marriage;
(g) “register” means a register of marriages maintained under
this Act;
(h) “Registrar” means a Registrar of marriages appointed by
the State Government under section 5;
(i) “State” means the State of Haryana;
(j) “State Government” means the Government of the State
of Haryana.
CHAPTER II
REGISTRATION  ESTABLISHMENT
3. (1) The State Government shall, by notification in the Official
Gazette, appoint a Chief Registrar for the whole of the State.
(2) The Chief Registrar may, in consultation with the State
Government also appoint such other officers with such designations as
he thinks fit for the purpose of discharging, such of his functions, as he
may from time to time, authorize them to discharge.
(3) The Chief Registrar shall be the Chief Executive Authority
in the State for carrying into execution the provisions of this Act and the
Definitions.
Chief
Registrar.
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rules made thereunder subject to the directions, if any, given by the State
Government.
(4) The Chief Registrar shall take steps, by issuing suitable
instructions or otherwise, to co-ordinate, unify and supervise the work of
registration in the State for securing an efficient system of registration and
shall prepare and submit to the State Government, in such manner and at
such intervals, as may be prescribed, a report on the working of this Act
in the State.
4. The State Government shall appoint a District Registrar for each
revenue district and such number of Additional District Registrars, as it
thinks fit, who shall, subject to the general control and direction of the
District Registrar, discharge such of his functions as the District Registrar
may, from time to time authorize them to discharge.
5. (1) The State Government shall appoint a Registrar for each
local area comprising the area within the jurisdiction of a tahsil or sub-
tahsil or a combination of any two or more of them for carrying into
execution in such areas the provisions of this Act :
Provided that the State Government may appoint, in the case of
municipal corporation, municipality or other local authority or a group of
villages, any officer or employee thereof, to be a Registrar under the
provisions of this Act.
(2) The Registrar may also suo motu , without fee or reward,
enter any marriage which takes place in his jurisdiction in the register,
after calling the parties and ascertaining the facts as required to be
registered.
(3) Every Registrar shall have an office in the local area for
which he is appointed.
(4) Every Registrar shall attend his office for the purpose of
registering marriages on such days and at such hours as the Chief Registrar
may direct and shall cause to be placed in conspicuous place on or near
the out door of the office of the Registrar a board bearing, in the local
language, his name with the addition of Registrar for the local area for
which he is appointed, and the days and hours of his attendance.
CHAPTER   III
REGISTRATION  OF  MARRIAGES
6. After the date of commencement of this Act, every marriage
solemnized in the State irrespective of caste, religion or creed, shall be
registered in the manner as provided in section 7.
District
Registrar.
Registrar.
Every
marriage to be
registered.
COMPULSORY  REGISTRATION OF
MARRIAGES
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7. (1) The parties to a marriage shall prepare and sign a
memorandum, in such form, as may be prescribed and deliver or send by
registered post, the said memorandum in duplicate to the Registrar of the
area concerned in which the marriage was solemnized or the ordinary
place of residence of the bride/her parents or the bridegroom/his parents,
within a period of ninety days from the date of marriage.
(2) The memorandum shall be accompanied by such fee in
the form of court fee stamps and shall be attested by such person, as may
be prescribed.
(3) Where the Registrar, before whom the memorandum is
presented under sub-section (1), 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.
(4) Where on scrutiny of documents presented to him or on
further verification as provided in sub-section (3), the Registrar concerned
is satisfied that there is no objection to register the marriage, he shall
register the same within the period as may be prescribed. If in the opinion
of the Registrar, the marriage is not fit for registration, he shall pass an
order of refusal in writing after recording the reasons therefor and send
the duplicate copy thereof to the District Registrar.
Memorandum
of marriages.
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(5) Such parties to a marriage who were married prior to the
date of commencement of this Act may, also get their marriage registered
if they are residents of the State at the time of registration of the marriage,
subject to the terms and conditions as mentioned in sub-sections (2), (3)
and (4).
(6) Such parties to a marriage who have married outside the
State but are residents of the State, may also get their marriage registered
in the State as per provisions of sub-section (1), subject to the terms and
conditions as mentioned in sub-sections (2), (3) and (4).
(7) If the marriage is already registered outside the State, it
shall not be registered again in the State.
8. (1) Any person aggrieved by the order of the Registrar refusing
to register the marriage under sub-section (4) of section 7 may, within a
period of ninety days from the date of receipt of such order, appeal to the
District Registrar in such manner and accompanied by such fee, as may
be prescribed.
(2) The District Registrar, after giving an opportunity of being
heard to the party concerned, may pass an order confirming the order of
the Registrar or after recording the reasons in writing, direct the Registrar
concerned to register the marriage or may pass such order as he may
deem fit.
9. (1) Any person aggrieved by the order of the District Registrar
refusing to register the marriage under section 8 may, within a period of
ninety days from the date of receipt of such order, appeal to the Chief
Registrar in such manner and accompanied by such fee, as may be
prescribed.
(2) The Chief Registrar, after giving an opportunity of being
heard to the party concerned, may pass an order confirming the order of
the District Registrar or Registrar concerned or after recording the reasons
in writing, direct the District Registrar or Registrar concerned, as the case
may be, to register the marriage or may pass such order as he may deem
fit.
10. (1) The Registrar shall maintain a register of marriages
solemnized in the State in such form and manner as may be prescribed.
On receipt of the memorandum of marriage under section 7, the Registrar
shall make a record of the same in the register.
(2) On registration of the marriage, the Registrar shall issue a
certificate of marriage to the parties in such form as may be prescribed.
Appeal.
Second appeal.
Register.
COMPULSORY  REGISTRATION OF
MARRIAGES
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11. (1) A memorandum accompanied by such fee along with such
fine as may be prescribed regarding any particular marriage, may be
submitted to the Registrar after the expiry of the period specified under
sub-section (1) of section 7 and the Registrar shall proceed accordingly
after following the due procedure enumerated in section 7.
(2) Nothing in sub-section (1) shall affect 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 7
to any penalty that may be imposed under section 16.
(3) Any marriage of which delayed information is given to
the Registrar after the period specified in sub-section (1) of section 7 but
within one year of its solemnization, shall be registered only with the
written permission of the District Registrar and on payment of such fee
along with such fine as may be prescribed and on production of an affidavit
attested by Notary Public or Magistrate justifying the cause of delay.
(4) Any marriage of which delayed information is given to
the Registrar after one year of its solemnization shall be registered only
with the written permission of the Chief Registrar and on payment of such
fee along with such fine as may be prescribed and on production of an
affidavit attested by Notary Public or Magistrate justifying the cause of
delay.
(5) Nothing contained in sub-sections (1), (2), (3) and (4) shall
affect the liability of any person under the provisions of section 16.
12. (1) The register maintained under this Act shall at all reasonable
times, be open to inspection and certified extracts therefrom shall, on
application, be given by the Registrar on payment of such fee as may be
prescribed.
(2) All extracts given under sub-section (1) shall be certified
by the Registrar or any other officer authorized by the State Government
to give such extracts as provided in section 76 of the Indian Evidence
Act, 1872 (1 of 1872) and shall be admissible in evidence for the purpose
of proving the marriage to which it relates.
13. No marriage 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, irregular or incorrect.
Memorandum
of marriage
submitted after
ninety days.
Register to
be open
for public
inspection.
Non-
registration
not to
invalidate
marriage
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CHAPTER   IV
MAINTENANCE  OF  REGISTERS  AND  RECORDS
14. (1) Every Registrar shall keep a register of marriages for the
concerned area or any part thereof in relation to which he exercises
jurisdiction in such form and manner as may be prescribed.
(2) The Chief Registrar shall cause to be printed and supplied
a sufficient number of register books for making entries of marriage
according to such form as may, from time to time, be prescribed; and a
copy of such form in the local language shall be pasted at some
conspicuous place or near the outer door of the office of Registrar.
15. If it is found to the satisfaction of the Registrar that any entry of
a marriage in any register kept by him under this Act is erroneous in form
or substance, or has been fraudulently or improperly made, he may, subject
to such rules as may be made by the State Government with respect to the
condition on which and the circumstances in which such entries may be
corrected or cancelled, correct the error or cancel the entry by suitable
entry in the margin, without any alteration of the original entry, and shall
sign and attest such entry made in the margin and add the date of correction
or cancellation.
CHAPTER  V
PENALTIES
16. Any person who—
(a) willfully omits or fails to deliver or send memorandum as
required by section 7, shall be punishable with fine which
may extend to five hundred rupees; or
(b) (i) makes any statement in such memorandum which is
false in material particulars, and which he knows or
has reason to believe to be false; or
(ii) secretly destroys or dishonestly or fraudulently alters
the marriage register or any part thereof,
shall be punishable with fine which may extend to one thousand rupees
or imprisonment for one year or both.
CHAPTER VI
MISCELLANEOUS
17. The Chief Registrar, District Registrars, Additional District
Registrars, Registrars and other officers and officials appointed under this
Maintenance
of register.
Correction or
cancellation of
entry in
register.
Penalty.
Registrars to
be public
servants.
COMPULSORY  REGISTRATION OF
MARRIAGES
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Act, while acting or purporting to act in pursuance of any of the provisions
of this Act, shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).
18. No suit, prosecution or other legal proceedings shall be instituted
against any person for anything which is in good faith done or intended
to be done under this Act.
19. (1) The State Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely :—
(a) the manner and interval at which the report of working
of this Act is to be submitted under sub-section (4) of
section 3;
(b) the fee of the memorandum and the person who shall
attest the same under sub-section (2) of section 7;
(c) the period within which the marriage is to be registered
under sub-section (4) of section 7;
(d ) the manner and fee for filing an appeal under sub-
section (1) of section 8;
(e) the manner and fee for filing of second appeal under
sub-section (1) of section 9;
(f) the form and manner in which register is to be
maintained under sub-section (1) of section 10;
(g) the form in which certificate of marriage shall be
issued under sub-section (2) of section 10;
(h) the fee and fine to be paid under sub-section (1) of
section 11;
(i) the fee for obtaining certified copy under sub-section
(1) of section 12;
(j) the form and manner in which register of marriages is
to be maintained and forms for making entries of
marriage under section 14;
(k) the conditions and circumstances in which entries
of marriage shall be corrected or cancelled under
section 15;
Indemnity.
Power to
make rules.
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(1) any other matter which is to be or may be prescribed
under this Act.
(3) Every rule made under this Act shall be laid, as soon as
may be, after it is made, before the House of the State Legislature, while it
is in session.
20.  The provisions of this Act shall be in addition to and not in
derogation of the provisions of the Special Marriage Act, 1954 (43 of
1954), the Indian Christian Marriage Act, 1872 (15 of 1872), the Parsi
Marriage and Divorce Act, 1936 (3 of 1936) and the Foreign Marriage
Act, 1969 (33 of 1969).
21. (1) The Haryana Compulsory Registration of Marriages
Ordinance, 2008 (Haryana Ordinance No.1 of 2008), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the said Ordinance, shall be deemed to have been done or
taken under this Act.
—————
Provisions not
to be
derogatory to
certain laws.
Repeal and
saving.
COMPULSORY  REGISTRATION OF
MARRIAGES
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