The rajastahan compulsory registration of marriage act, 2009

Rajasthan Compulsory Registration of Marriages Act, 2009 
(Act No. 16 of 2009) 
 
 
Received the assent of the Governor on the 10th day of September, 2009 
An  Act to provide for compulsory registration of marriage in the State of 
Rajasthan and matters connected therewith and incidental thereto. 
Be it enacted by the Rajasthan State Legislature in the Sixtieth Year of the 
Republic of India, as follows:- 
 
1. Short title, extent and commencement.  - (1) This Act may be called 
the Rajasthan Compulsory Registration of Marriages Act, 2009. 
(2) It shall extend to the whole of the State of Rajasthan. 
(3) It shall come into force on the date of its publication in the Official Gazette 
 
2. Definitions. - In this Act, unless the subject or context otherwise requires - 
(a) "Certificate of marriage"  means a certificate of marriage issued under 
Section 9; 
(b) "Marriage" includes remarriage; 
(c) "Memorandum" means the Memorandum for registration of marriage 
mentioned in Section 7; 
(d) "Register" means a register of marriage mentioned under Section 13; 
(e) "Registrar" means the Registrar of Marriages appointed under Section 4; 
(f) "District Marriage Registration Officer"  means the District Marriage 
Registration Officer appointed under Section 5; 
(g) "Registrar General" means the Registrar General designated as such under 
Section 6; 
(h) "Solemnize" means to enter into a marriage in any form or manner; 
(i) "To submit." includes send by registered post acknowledgement due. 
 
3.  Registration of marriage to be compulsory.  - Registration of every marriage 
solemnized between the persons who are citizens of India in the State of 
Rajasthan after the commencement of this Act shall be compulsory. 
 
 
4.  Appointment of Registrar. - The State Government may, by notification in the 
Official Gazette, appoint, either by name or by virtue of office, as many persons 
as it thinks necessary to be the Registrar of Marriages for such local areas as 
may be prescribed. 
 
5. Appointment of District Marriage Registration Office.  - The State 
Government may, by notification in the Official Gazette, appoint, either by 
name or by virtue of office, District Marriage Registration Officer for the 
district concerned. 
 
6.  Registrar General. - The State Government may, by notification in the Official 
Gazette, designate a senior officer of the concerned department as Registrar 
General of Marriages for the State of Rajasthan to monitor and review the 
effective implementation of this Act. 
 
7.  Memorandum for Registration of marriage.  - Memorandum for registratio n 
of a marriage shall be in such form, as may be prescribed. 
 
8.  Duty to submit the memorandum. - (1) The parties, or in case the parties have 
not completed the age of twenty one years, the parents or as the case may be, 
guardian of the parties, shall be responsible to submit the memorandum within a 
period of thirty days from the date of solemnization of the marriage to the 
Registrar within whose jurisdiction the marriage is solemnized or both or any of 
the parties resides. 
 
(2) A memorandum, which is not submitted within the time limit specified in 
sub-section (1), may be submitted at any time on payment of penalty as may be 
prescribed. 
 
9. Registration of marriage and marriage certificate.  - On receipt of the 
memorandum completed in all respects, the Registrar shall register the marriage 
in the prescribed manner and shall issue a certificate of marriage in the 
prescribed form to the person who has submitted the memorandum. 
 
10. Registration of marriage solemnized prior to the commencement of this 
Act. - Notwithstanding anything contained in this Act, any marriage 
solemnized prior to the commencement of this Act may be registered on 
submitting a memorandum in the form prescribed under Section 7 and on 
payment of such fee as may be prescribed. 
 
11. Non-registration not invalidate the marriage. - No marriage shall be-deemed 
to be invalid solely for the reason that such marriage has not been registered 
under this Act. 
 
12. Penalty. - (1) Any person - 
(a) Who, being responsible to submit a memorandum under Sectio n 8, fails to 
submit such memorandum within the period specified therein; or 
(b) Who makes any statement or declaration in a memorandum which is false 
in any material particular and which he knows or has reason to believe to be 
false, shall, on conviction, be punishable with fine as may be prescribed. 
(2) No prosecution for any offence punishable under this Act shall be instituted 
except by an officer authorized by the State Government in this regard. 
 
13. Maintenance of the register and records.  - The Registrar shall keep and 
maintain a register of marriages in such form and in such a manner as may be 
prescribed and shall also maintain such other relevant records. 
 
14. Register and record to be open for public inspection and certified copies of 
extracts to be given.  - (1) The Register and the record maintained under this 
Act, on an application made to the Registrar and on payment of such fee, as 
may be prescribed, shall, at all reasonable time, be open for public inspection. 
 
(2) On an application being made in this behalf and on payment of such fee, as 
may be prescribed, the Registrar shall furnish to the applicant a copy of any 
extract of the Registrar or record maintained by him under this Act. 
 
15 Registrar to furnish a copy of the certificate of marr iage to the District 
Marriage Registration Officer.  - When the Registrar registers a marriage 
under this Act, he shall immediately thereupon send a copy of the certificate of 
marriage to the District Marriage Registration Officer which will be helpful for 
him to monitor and review the work of the registration of marriages. 
 
16. Registrar to be the public servant  - Every Registrar and every employee in 
the office of the Registrar shall, while acting or purporting to act in pursuance 
of any of the provisions of this Act, be deemed to be a public servant within 
the meaning of Section 21 of the Indian Penal Code, 1860 (Central Act No. 45 
of 1860). 
 
17. Indemnity. - No suit, prosecution or other legal  proceeding shall be instituted 
against any person for anything  which is done or intended to be done in good 
faith under this Act or the rules made there under. 
 
18. Power to remove difficulties.  - (1) If any difficulty arises in giving effect to 
the provisions of this Act, the State Government, by notification in the  Official 
Gazette, make such orders, not inconsistent with the provisions of this Act, as 
appear to it necessary or expedient for removing the difficulty. 
 
(2) Every order made under this Section shall, as soon as may be after it is 
made, be laid before the State Legislature while it is in session. 
 
19. Power to make rules.  - (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 form of memorandum; 
(b) fee to be accompanied with the memorandum; 
(c) the form of the certificate of the marriage; 
(d) the form of the Register and the manner in which such register shall be 
maintained; 
(e) other record which shall be kept and maintained by the Registrar and the 
form and manner in which such record shall be maintained. 
(f) fee for the inspection of the register and other records; 
(g) the form of the application and the fee for grant of the certified copies of 
the extracts of the register and other records. 
(h) any other matter which is to be or may be prescribed by the State 
Government for carrying out the purposes of this Act. 
(3) All rules made under this Act shall be laid, as soon as may be, after they are 
so made, before the House of the State Legislature, while it is in session, for a 
period of not less than fourteen days which may be comprised in one session or 
in two successive sessions and if before the expiry of the session in which they 
are so laid or of the session immediately following the House of the State 
Legislature makes any modification in any such rules or resolves that any such 
rules should not be made, such rules sha ll 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 shall be without prejudice to the validity of 
anything previously done there under. 
 
20. Act not to apply to certain marriages. - This Act shall not apply to marriages 
solemnized under the Indian Christian Marriage Act, 1872 (Central Act No. 15 
of 1872), the Parsi Marriage and Divorce Act, 1936 (Central Act No. 03 of 
1936) or the Special Marriage Act, 1954 (Central Act No. 42 of 1954). 
 
21. Repeal and Savings.  - (l) Guidelines for compulsory registration of marriage 
issued by the Home Department vide order No. P. 6(19) Home -13/2006 dated 
22.05.2006 are hereby repealed. 
(2) Notwithstanding such repeal all the marriages registered in accordance with 
such guidelines shall be deemed for all purposes the marriages registered under 
the provisions of this Act and all the certificates issued under the said 
guidelines shall be de emed to have been issued under the provisions of this 
Act. 
 
                                                                          

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