The Tamil Nadu Registration of Marriages Act, 2009

 
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The Tamil Nadu Registration of Marriages Act, 2009 
 
Act 21 of 2009 
 
 
 
 
 
 
 
 
Keyword(s): 
District Register, Marriage, Priest, Registrar 
 
89TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the  5th August 2009 and is hereby published for general information:—
ACT No. 21 OF 2009.
An Act to provide for compulsory registration of all marriages in the State
of Tamil Nadu and for matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixtieth Year
of the Republic of India as follows:—
1. (1) This Act may be called the Tamil Nadu Registration of Marriages Act, 2009.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State Government may, by
notification, appoint.
2. In this Act, unless the context otherwise requires,—
(a) “District Registrar” means a District Registrar of Marriages appointed under
sub-section (2) of section 4;
(b) “Government” means the State Government;
(c) “marriage” includes all marriages performed by persons belonging to any caste
or religion under any law for the time being in force, or as per any custom or usage
in any form or manner and also includes remarriage;
(d) “memorandum” means a memorandum of marriage referred to in section 5;
(e) “priest” means any person who performs a marriage or any person present
in the marriage referred to in section 7-A of the Hindu Marriage Act, 1955;
(f) “Registrar” means a Registrar of Marriages appointed under sub-section (3)
of section 4;
(g) “Registrar-General” means the Registrar-General of Marriages appointed under
sub-section (1) of section 4;
(h) “State” means the State of Tamil Nadu.
3. Every marriage performed on and from the date of  commencement of this Act
shall be registered under this Act  notwithstanding the fact that the said marriage had
been entered in the marriage registers governed by any other personal laws of the parties
to the marriage or custom or usage or tradition.
4. (1) The Government shall, by notification, appoint a person to be the
Registrar-General of Marriages for the State of Tamil Nadu.
(2) The Government shall, by notification, appoint a person to be the District
Registrar of Marriages for each District for carrying out the purposes of this Act.
(3) The Government shall, by notification, appoint such number of persons as
it thinks necessary, to be the Registrar of Marriages for such local areas as may be
specified in the notification, and one or more Registrars may be appointed for one or
more such areas for carrying out the purposes of this Act.
(4) Every District Registrar and Registrar shall exercise such powers and perform
such duties as may be prescribed and shall be under the general supervision and control
of the Registrar-General.
5. (1) The parties to a marriage shall prepare a memorandum in such Form as
may be prescribed in duplicate and shall deliver it in person or send in the manner as
may be prescribed, to the Registrar of the area where the marriage is performed within
ninety days from the date of the marriage:
Provided that the memorandum may be delivered or sent to the Registrar within
a further period of sixty days after the expiry of the said ninety days with the payment
of additional fee as may be prescribed.
Short title,
extent and
commence-
ment.
Central Act
XXV of 1955.
Definitions.
Marriages
to be
compulsorily
registered.
Appointment
of Registrar-
General,
District
Registrar
and
Registrar of
Marriages.
Memorandum
of marriage.
90 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
(2) Nothing in the proviso to sub-section (1) shall affect the liability of any person
to any penalty under clause (a) of sub-section (1) of section 14.
6. Every memorandum referred to in section 5 shall be signed by  the parties to
the marriage and by the priest and two witnesses and shall be accompanied by such
fee as may be prescribed.
7. (1) Where the Registrar, before whom the memorandum is delivered or sent under
section 5 on scrutiny of the documents filed 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 laws of the parties, or any custom or usage or tradition; or
(b) the identity of the parties or the witnesses or the persons testifying the
identity of the parties and the performance 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.
8. (1) Any person aggrieved by the order of the Registrar under section 7 may,
within a period of thirty days from the date of receipt of such order, appeal to the District
Registrar in such manner as may be prescribed:
Provided that the District Registrar may, within a further period of thirty days,
admit an appeal presented after the expiration of the first mentioned period of thirty days
if he is satisfied that the appellant had sufficient cause for not presenting the appeal
within the first mentioned period.
(2) The District Registrar, after giving an opportunity of being heard to the party
affected and after recording the reasons in writing, direct the Registrar to register the
marriage or confirm the order of the Registrar.
9. Any person aggrieved by the order of the District Registrar made under
section 8 may, within a period of thirty days from the  date of receipt of the order, appeal
against  such  order  to  the  Registrar-General  and  the  decision of the  Registrar-
General on such appeal shall be final and thereupon the Registrar shall act in conformity
with such decision.
10. (1) On registration of the marriage, the Registrar shall issue a certificate of
registration of marriage to the parties in such form as may be prescribed.
(2) Every Registrar shall maintain a register of marriages, in such form and in
such manner as may be prescribed.
(3) On receipt of the memorandum of marriage under section 5, the Registrar
shall file the same in the register.
11. (1) Subject to any rules made in this behalf by the Government including the
rules relating to payment of fee, any person may,—
Signature on
memorandum
and fees to
be paid.
Power to
refuse
registration
of marriage.
Appeal to
District
Registrar.
Appeal against
the order
under section 8.
Issue of
cerfiicate
and
maintaining
register.
Search of
marriage
register.
91TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
(a) cause a search to be made by the Registrar 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 certified by the Registrar and
shall be admissible in evidence for the purpose of proving the marriage to which the
entry relates.
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 fee as may be prescribed.
13. No employer or a Government or quasi-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 issued
under section 10.
14. (1) 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; or
(c) contravenes any of the provisions of this Act, or rules made thereunder,
shall, on conviction, be punished with fine which may extend to
one thousand rupees.
(2) The Registrar who willfully fails to file the memorandum pursuant to section 5
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.
15. 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.
16. No prosecution for an offence punishable under this Act shall be instituted except
by an officer authorized by the Registrar- General by general or special order, in this
behalf.
17. (1) If any person committing an offence under this Act is a  company, every
person, who, at the time the offence was committed, was in charge of, and was responsible
to, the company for the conduct of the business of the company as well as the company,
shall be deemed to be guilty of the offence, and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act, if he proves that the offence was committed
without his knowledge, or that he exercised all due diligence to prevent the commission
of the offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has been
Register to be
open for
public
inspection.
Responsibility
of employer,
etc. of
verification
of marriage
registration
certificate.
Penalties.
Penalty for
secreting,
destroying or
altering
register.
Sanction for
prosecution.
Offences by
companies.
92 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
committed with the consent or connivance of, or is attributable to any neglect on the
part of any director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
Explanation.—For this purpose of the section,—
(a) ‘company’ means a body corporate and includes a firm or other association
of individuals; and .
(b) ‘director’ in relation to a firm, means a partner in the firm.
18. No suit, prosecution or other legal proceedings shall lie against any person for
anything which is in good faith done or intended to be done in pursuance of this Act
or a rule or order made thereunder.
19. The Registrar-General, every District Registrar and Registrar and other officers
while acting or purporting to act in pursuance of the provisions of this Act or rules made
thereunder shall be deemed to be a public servant within the meaning of section 21
of the Indian Penal Code.
20. If any difficulty arises in giving effect to the provisions of this  Act, the Government
may, by order published in the Tamil Nadu  Government Gazette, make such provisions,
not inconsistent with the  provisions of this Act, as appear to them to be necessary or
expedient for removing the difficulties:
Provided that no order shall be made after the expiry of a period of two years
from the date of commencement of this Act.
21. The Government may, from time to time, issue such directions not inconsistent
with the provisions of this Act, to the Registrar, District Registrar and to the Registrar-
General, as it may thinks fit for the effective implementation of the provisions of this Act
and they shall comply with such direction.
22. The provisions of this Act shall be in addition to, and not in derogation of, any
other law for the time being in force.
23. No marriage performed in this State to which this Act applies shall be deemed
to be invalid solely by reason of the fact that it was not registered under this Act.
24. (1) The Government may make rules for carrying out all or any of the purposes
of this Act.
(2) ( a) All rules made under this Act shall be published in the Tamil Nadu
Government Gazette and unless they are expressed to come into force on a particular
day, shall come into force on the day on which they are so published.
(b) All notifications issued under this Act shall be published in the Tamil Nadu
Government Gazette and unless they are expressed to come into force on a particular
day, shall come into force on the day on which they are so published.
Protection of
action taken
in good
faith.
Registrar, etc.
to be public
Servant.
Power to
remove
difficulties.
Power of
Government
to give
direction.
Non-
registration
not to
invalidate
marriage.
Power to make
rules.
Operation of
other laws not
affected.
Central Act
XLV of
1860.
93TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
(3) Every rule or order made or notification issued under this Act shall, as soon
as possible, after it is made or issued, be placed on the Table of the Legislative Assembly,
and if, before the expiry of the session in which it is so placed or in the next session,
the Legislative Assembly makes any modification in any such rule, order or notification
or the Legislative Assembly decides that the rule, order or notification should not be made
or issued, the rule, order or notification shall 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 under
that rule, order or notification.
(By order of the Governor)
S. DHEENADHAYALAN,
Secretary to Government,
Law Department.

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