LexThe Meghalaya Compulsory Registration of Marriage Act, 2012 (Act No. 13 of 2012)
Meghalaya · state statute
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The 14th September, 2012.
No. LL(B)20/2006/58.—The Meghalaya Compulsory Registration of Marriage Act, 2012 (Act
No. 13 of 2012) is hereby published for general information.
MEGHALAYA ACT NO. 13 OF 2012.
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on 12th September, 2012.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 14th September, 2012.
THE MEGHALAYA COMPULSORY REGISTRATION OF MARRIAGE ACT, 2012
AN
ACT
to provide for compulsory registration of marriage in the State of Meghalaya and for
matters connected therewith;
Whereas, it is expedient to provide for compulsory registration of marriages in the State
of Meghalaya;
Whereas further it is mandatory for married man and married women to compulsorily
furnish a marriage certificate for all official purposes;
Be it enacted by the Legislature of the State of Meghalaya in the Sixty -third Year of the
Republic of India as follows;
Short title, extent
and
commencement.
1. (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.
Definitions. 2. In this Act, unless the context otherwise requires:-
(a) “Act” means the Meghalaya Compulsory Registration of
Marriage Act, 2012;
(b) 1“marriage” includes all marriages contracted by persons
belonging to any caste, tribe or religion, and the marria ges
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 India n
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
.”
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 contract ed as per any customs, practices or traditions, and
also includes re-marriages and live in relationship.
1. (c) “memorandum” means a memorandum of marriage mentioned
in Section 5 of this Act;
(cc) 1“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;
(f) 2“Registrar” means a Regist rar of marriages appointed under
section 4 of the Act
(g)
;
3“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 s olemnize 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”
Every Marriage in
the state to be
registered
.
3. 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 5“marriage registration”
certificate shall be required for all official purposes.
6 “Special for
marriages under
various personal
laws”
3A. (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”.
“Application of the
provision of this
Act”
3B. 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”.
1Added by Act No 6 of 2017, Section 2.
2Substituted 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.
5Inserted by Act No 2 of 2015, Section. Earlier the words read as “marriage”.
6Inserted by Act No 6 of 2017,Section 3 (Section 3A and Section 3B)
Appointment of
Registrars of
Marriages.
4. 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.
Memorandum of
Marriage.
5. (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
(2) The memorandum shall also be signed by the bride and the
bridegroom and two witnesses from each side.
” days from the date of the marriage.
(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.
Memorandum of
marriage
submitted after 30
days.
6. (1) A memorandum regarding any particular marriage may be
submitted to the Registrar even after the expiry of the 2“sixty
(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.
”
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.
Marriage
certification to be
given to the
couple.
7. (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.
Registrar to keep
registers in the
prescribed form.
8. (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.
3“Provided that the provision of this Section shall be applica ble
to the parties of the marriage not covered by their respective
personal laws
1Substituted by Act No 2 of 2015, Section 6, Earlier the words read as “thirty”
2 Substituted by Act No 2 of 2015, Section 6, Earlier the words read as “thirty”
3Proviso added by Act No. 6 of 2017, Section 4
”.
Search of Register. 9. (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 o
f establishing the fact of
marriage to which the entry relates.
Register to be
open for public
inspection.
10. 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.
Registrar to send
periodical returns
to the registrar
general for
compilation.
11. 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.
Non-registration
not to invalidate
marriage.
12. 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 ‘Licens e 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”.
Penalty for failing
to register a
Marriage.
13. 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.
Penalty for
neglecting to
comply with the
provisions of
section 4, 5 and 6
or for making
false statement in
memorandum.
14. 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.
Penalty for
secreting,
destroying or
altering Register.
15. Any person, destroying or dishonestly or fraudulently altering the
register or any part thereof shall, on convi ction, be punished with
simple imprisonment for a term which may extend to six months
and shall also be liable to fine.
Offences under
this Act
summarily triable
by a Magistrate
16. 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.
Cognizance of
offence under the
Act.
17. 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 Registrar -
General of Marriages as the Case may be.
Registrar to be
public servant.
18. 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)
Protection for
action taken in
good faith.
19. 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.
Power to make
rules.
20. (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.
Application
no
1“21.Provisions not
to be derogatory to
certain laws.
The provisions of this Act shall be in addition to and not
in derogation of the provisions of the existing personal
laws in force
L.M.Sangma,
Secretary to the Government of Meghalaya,
Law Department.
”.
1Substituted by Act No 6 of 2017, Section 6. Earlier the words read as 21. Save as otherwise provided the provisions of this A ct
shall be addition to an not in derogation of any existing law in force.
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT
AMENDMENTS TO THE MEGHALAYA COMPULSORY REGISTRATION OF MARRIAGE ACT, 2012
(ACT NO. 13 OF 2012), AMENDED AND UPDATED UPTO THE YEAR - ACT 2 OF 2015 & ACT 6 OF
2017.