LexThe Tripura Recording of Marriage Act, 2003
Tripura · state statute
Open in Lexace · Ask the AI about this actThe Tripura Act No. 22 of 2004
THE TRIPURA RECORDING OF
MARRIAGE ACT, 2003
•
•
Publish ed 1n the
EXTRAORDINARY ISSUE OF TRIPURA GAZETTE
Agartala . Wed nesday . August 11 . 2004 A . 0
Sravana 20. 1926 S E
No F. 9(30)-Law/Leg/2001
GOVERNMENT OF TRIPURA
LAW DEPARTMENT
Dated. Agtu1ala. t11e 1Oth August, 2004 .
NOTIFICATION
The following Act of the Tripura Legislative Assembly rece1ved the assen t of the Governor
on the 6th day of August. 2004 and is hereby published for general information .
A. B. Paul .
Secretary ,
Government of Tripura
Tripura Act No 22 of 2004
THE TRIPURA RECORDING OF MARRIAGE Act - 2003
An
Act
to provide for the regulation of compulsory record1ng of marnage and for matters connected therewtt h
and incidenta l thereto .
Be it enacted by the Tripura Legis lative Assembly in the Fifty-Fourth year of the Republic of India
as follows :-
Slwrt - Tille,
Extent and
C om1nenc etnent.
Definitions.
1.
2.
(1)
(2)
(3)
CHAPTER- I
Preliminary
This Act may be called the Recording of Marriage Act,
2003 .
It extends to the whole of Tripura .
It shall come into force on such date as the State Govt. ,
may by notification in the Official Gazette . appoint.
In this Act. unless the context otherw1se requ ires :-
(a) "to contr9ct a marriage " , with its grammatical variation and
cognate expressions , means to solemnize or enter into a
marriage in any recognized form or manner :
(b) "marriage " includes a re-marriage :
(c) "Marriage Recorder" means the Chief Marriage Recorder ,
Distr ict Marriage Recorder and Sub-D ivisional Marriage
Recorder appointed or designated under sub-section ( 1) of
section - 4 and sub-section ( 1) of sect ion - 5 ;
(d) "Marr iage Reporter " means a Marriage reporter appointed
or designated under sub-section (1) of sect ion - 6 :
(e) ''memor andum" means a memorandum of marriage referred
to in section - 7 ;
(f) ''prescribe" means prescribed by rules made under this Act
(g) "State Government" means the State Government of Tripura .
CHAPTER - II
RECORDING ESTABLISHMENT
3. All marriages solemnized on or after the commencement of
this Act in the State in any form recognize d under the personal law
or custom applicable to the parties (hu sband and wife ) or either of
them shall be compulsory reco rded in accordance with the provisions
of this Act.
Cl>iet Mart/ag e
Rf! COldN .
District Marriage
R e>corde r.
4 (1 l The State Governmen t may. by notifica tion in the Offic ial Gazette
appo1nt a Chief Marnage Recorder for the State or des1gnate an
officer of the State Government to hold that office
(2) Th e State Government may also appo1nt or des1gnate other officers
for the purpose of discharging. Lmderthe superintendence . direction
and control of the Ch1ef Marriage RecordeL such functions as he
may from time to lime authonze them to discharge
(3) The Chief Marriage Recorder sh all be the Chief Execut ive Authority
in the State for carrying into execut ion the provis ion s of this Act and
the rules or orders made thereunder . He shall be responsible to
co-ordinate . unify and supervise the works of recording of the
marriages and subm it in the month of January every year where the
annual report of the preceding year on the work ing of this Act
5 (1) The Stat e Government may appoint a person or des1gnate an officer
to be the District Marriage Recorder for each revenue Distnct and
such numbef of Sllb -Divisional Marriag e Recorders for one or more
Sub-Divisions who shall . subject to general control and directions of
the District Marriage Recorde r. d1scharge such func tions under this
Act as the District Marriage Recorder may, from time to time, authorise
them to discharge or designate such officer of the State Government
as it think fit to hold any such office .
(2) The District marnage Record er shall superi ntend subject to the
direction of the Chief Marriage Recorder . the recording of marriages
in the district and shall be respon sible for carrying into execution in
the district the provisions of th1s Act and the orde rs of the Chief
'
Marriage Recorder issued from time to time for the purpose of this
Act .
(3) Every Sub-Divis1onal Marriage Recorder shall without fee or reward .
enter into the register maintained for the purpose all information given
to him under section - 7 or section - 8 and shall also take steps to
collect information about every marriage wh ich takes place m his
local jurisdiction and record the particulars in the Marriage Register.
(4) The office of the Marriage Recorder shall remain open on such dates
and at such hours as the Chief Marriage Recorder may direct. The
name and designation of the Marriage Recorder along with his local
jurisdiction should be displayed on the Board on or near the outer
door of his office. The writing on the Board should be in local language .
Matn.,ye
Rcportets 6
7
(1) The State Governm ent may appou1t or des1gnate an Off1cer
to be a Marnage Reporter ·
(1) for each Mun1c1pahty to be known as Mun1C1pa1
Marriage Reporter .
(11) for each Panch ayat to be known as Panchaya t
Marri age Reporter
(u1) for each Tehsll area 111 which lay no Mu111c1pa1,1y or
Panchayal. to be known as Tehs11 Marnage Report er
(2) Every Marriage Reporter shall be attach ed to and work Linder
the supervi sion . direct ion and control of the Sub-D1vis1ona l
Marriage Recorder in charge of the respect ive Sub-Div is1on
(3) Every Marnage Reporter shall witho ut fee or reward rece1ve
and collect all111format1on about marriages which take place
in the area of his work and send the same to the Sub-Divi s1onal
Marr iage Recorder to whom he is atta ched or it there 1S no
Sub-Divis1ona l Marr iage Recorder. to the D1strict Marriage
Recorder in whose jurisd icition his area is situated The
informat ion shall be incorporated and transmitted in SlJCh
form as may be prescribed
(4) The office of the Marriage Reporter in his area shall rema1n
open on such dates and at such hours as the Chref Marnage
Recorder may direct and every Marn age Reporte r shall
display on a Board on or near the outer door of the off1ce of
the Marriage Reporter in the loca l langua ge hrs mam
designation and area of fun ction as Marn age Reporter
(1)
(2)
CHAPTER-Ill
PROCEDURE OF RECORDING
All marriages solemnized unde r this Act shall be recorded in
the manne r provi ded here inafter.
(a} The male partner to a marnage (if adult) shall and the
female partner may within a period of sixty days from
the date of his/her marriage-
(i) erther intimate orally about the marr iage to the Sub
Divisional Marriage Recorder or the Marnage Reporter
hav ing jurisdiction over the area in wh1ch the marriage
wa s contracted or to such person or authorrty as may
be prescribed . or
(ii) prepare and sign a memorandum rn Form A, obtarn
signature/thumb impression of both lhe spouses (rf adult)
and signature/thumb impression two witnesses of the
I
Locality w1th full addre ss thereon and shall deliver 111 person or by registered
pos t t o the Sub-D ivisional Marr iage Recorder or Ma rnage Report er having
JllrtSdiCtlon over the area tn wh1ch the marnage was contrac ted
Prov 1ded that wher e the spous es or any of them were m1nor hts or her
paren t or gua rdian with whose consen t the marnag e wa s solemntzed shall be
llal)le to comply w1th the provi ston of this sub -sec t16n and Form A shall be
s1gned by the parent or the guard1an of the male or fema le partner
(b) In the case of oral 1nt1mation of marnage the Marriage
Repo rter or the Sub-D1v1S1onal Marnage Record er to whom the
information is given shall duly fill in Form A and obtain thereo n
signat ure or thumb Impress ion of either of the spouses to the
marriage and two witnesses .
(c) In case the oral mtimat1on about the marriage or the
memorandum of marnage 1s g1ven direc tly to the Sub-Divisional
Marriage Recorder. he shall make a copy of the memorand um
of that marriag e and send the same to the appropr iate
Marriage Reporte r within his jurisdiction for verification and
report
(d) In the cases covered by Sub-Section (2) (a) above .
the Sub-D ivisional Marriage Record er shall acknowledge
the marriag e memorandum in Form 8 .
(3) The marr iage Report er shall on rece ipt of the memorandum g1ve to
the person who delivers it or sends it by reg1stered post an acknowledgement
in Form 8 .
(4) Th e marriage Reporter shall after neces sary verif ication send the
memorandum along with the report to the Sub-D ivision al Marriage Recorder of
the area concerned within a period of one month from the date of receipt
(5) No Sub-D ivision al Marriag e Recorder or Marriage Reporter shal l
dec line to receive any memorandum or decline to fill up the marriage
memorandum as prescr ibed in sub-sec tion (2) (b) of th1s section on the ground
tha t the marriage was contrac ted outsi de his local area .
(6) Where the Sub-Divisional Marriage Record er or Marr iage Report er
rece 1pts a memorandum of marriage contracted outsid e his local area . he shall
note the part iculars in a separate register maintain ed for the purpose in such
manner as may be prescribed and forthwith sen d the memorandum
to the appropriate Sub
Divisional Marriage Recorder of
the local area in which the marriage was
contracted
7.
Every Sub Divisional Marriage Recorder shall maintain a register of marriages occurring in
his
area. On receipt of a memorandum of marriage
solemnized within his jurisdiction he shall after
making
enquir
i
es and ascertaining correctness of the information enter the particulars of the
memorandum of
marriage in that register.
8.
Registrar of Marriages appointed under the Indian Christian Marria
ge Act, 1872, the Parsi
Marriage and Divorce Act, 1936, Special Marriage Act, 1954, The Hindu Marriage Act, 1955 shall
send
periodically the extracts of registers of marriages maintained by them under the respective
ACTs to
the Sub Divisional Marriages rec
order of the area concerned who shall make necessary
entries in the
register maintained by him.
*
7A.
Voluntary Registration of Marriage
Persons married before the Act came into force and whose marriage has not been registered
under any other Act may also record their marriages under this Act and time limit of sixty days shall
not apply to such persons.
8.
(1) Oral intimation or memorandum regarding any marriage
as required under Sub
-
Section (2
) of
section 7 may also be submitted to the Sub Divisional Marriage Recorder or Marriage Reporter any
time after the expi
ry of the period of sixty days on payment of
**
Such amount as may be
prescribed.
(2) Provision of Sub section (2) to (7) of section 7 shall mutatis mutandis apply to a memorandum
submitted
under sub section ((1)
***
(3) Whoever makes or verifies any statement in the memorandum of Marriage in
FORM
-
A,
which is
False
in any material particular, and which he or she knows or has reason to
believe to be false, shall
be punished with imprisonment of either description for a term which
may exten
d to two months,
or with fine which may extend to five thousand rupees, or
with
both
.
9.
(1) If it is proved to the satisfaction of the Sub
-
Divisional Marriage Recorder that any entry
of the marriage in any register kept by him under this Act is erroneous in the form or in
Substances or has been fraudulently or improperly made he may subject to such rules as
may be made by t
he State Government with respect to the conditions 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 a
ny alter
ation of the original
entry
and shall sign the marginal entry and add thereto the date of correction or
cancellation.
(2) No such correction or cancellation as referred to in sub
-
sec
tion
(1)
shall
be made unless the parties to the marriage or their parents
or guardians or
their
legal representative, as the case may be
,
has been given a reasonable
opportunity
of showing
cause against the action proposed to be taken.
*
I
nserted by 1st Amendment Act
(w.e.f 9
th
October, 2013)
**
Substituted by 1st Amendment Act
(w.e.f
9
th
October, 2013)
***
Inserted by 1st Amendment Act
( w.e.f 9
th
October, 2013)
Memorandum
of marriage
submitted after
sixty days
Correction or
c
ancellation of
entry in the
register of
marriage
[
]
*
[
]
*
[
]
*
Inserted by Amendment Act,2013 vide Gazette Notification dated 9th October, 2013 *
Marriag ~s not
validared .
10 No marriage requ1red to be recorded under th1s Act shall be deem ed to be
invalid by reason of the fact that it was not recorded under this Act or that
the memorandum wa s not delivered or sent to the Sub-D1v1sional
Marriage Recorder or Marnage Reporter or tha_t such memorandum was
in-effective irregular and incorrect
~ H f.. f ''!:.!-' -F
Maintenance of Records and StatistiCS
Marriage Recorders 11
to keep regist er in
1/Je prescrtbed form .
( 1) Every Sub-D ivisional Marnage Recorder shall keep in the prescnbed
form a register of marriages for the local area in relation to which he
exercises jurisdi ction .
(2) The Chief Marriage Recorder shall cause to be printed and supplied
sufficient number of reg1ster books for making entries of marriages
according to such forms and instruction as may from time to time be
prescribed . and a copy of such forms in the local language shall be
posted in some conspicuous place on or near the outer door of the
office of every Sub-Divisional Marriage Recorder .
Inspection of
recordmg offices .
12 The office of the Sub-Div isional Marnage Recorder shall be inspected and
the register kept therein shall be exam ined by the Chief Marriage Recorder
or the District Marriage Recorder at such intervals as may be prescribed .
Marriage Recorders 13
to send periodical
returns to Chief
Marriage Recorder
for compila tion.
(1) Every Sub-Divisional Marriage Recorder shall send to the D1strict
Marriage Recorder , Chief Marriage Recorder or to any officer
specified by him, at such intervals and in such form as may be
prescribed, a return regarding the entries of marriages in the
register kept by such Recorder.
(2) The Chief Marriage Recorder shall cause the information in the return
furnished by the Sub-Divisiona l Marriage Reco rder to be compiled and •
shall publish for the information of the public a statistical report on
marriages recorded during the year at such intervals and in such
form as may be prescribed .
(3) Every marriage recorded under this Act shall be prasumed to be valid
marriage unless and until the contrary is proved
(4} The Register of Marriages main tained under this Act shall at all
reasonable time be open to 1nspectio n and a certificat e rn Form ·c·
shall be given to the party concern ed or any person auth onzed by
them on payment of such fee as may be prescr ibed.
Power of M :1 111i1gr!
Recor<ler to OlltoJ i u
fulor~n a eion rog.'ll(/lllg
uJariages.
M11rriage Recorders
& Marriage Reporters to
be detnned to be pulllic
$CfVanrs_
Delegalion ol Powers .
Protection of action
take11 in good tail/1.
Powet of State
Government to make
rule.
CHAPTER-V
Miscellaneous
14 A Marnage Recorder may either orally or 1n wnt1ng requ1re any
person to fLJrnish any 1nformation w1th1n his knowl edge 1n connectton
w1th marnages 1n the locality within which such person res1des and
that person shall be bound to comply with such requ1s1tion
15 (1) Any person aggneved by or dissat1Sf1ed w1th an order
dec ision or action of the Sub-D1vts1onal Marnage
Record er may within a period of s1xty days from the date
of such order. deCISIOn or actJon file an appeal to the
District marriage Recorder on payment of such fee as
may 't;>e prescribed
(2) Afly person aggriev ed by or d1ssa11sfred w1th an order
decision or action of the Sub·DivJSIOnal Marnag·e
Recorder may file an appeal to the Ch1ef Marnage
Recorder w1thin a period of s1xty days from the date or
such decision. order or action on payment or such fee
as may be prescr ibed
16. The Chief Marriage Recorders . the D1stnct Marnage Record ers
the Sub-Div isional Marriage Recorders and Marnage Reporters
shall . while acting or purport ing to act 1n pursuance of the
provisions of this Act or any rule or order made thereunder
be deemed to be public servants w1thin the meaning of sect1on
21 of the lnd tan Penal Code .
17 The State Governmen t may. by notification in the Offic1al Gazette
direct that any power exercisable by it under this Act (except
the power to make rules under section 19) or the rules made
thereunder shall. subject to such cond itions. if any as may be
speci fied in the direc tion. be exercisa ble also by such officer or
authority subord inate to th e State Government as may be
specified in the direction
18. No suit. prosecution or other legal proceedings shall lie
against the State Government , Chief Marriage Recorder ,
District Marriage Recorder . and Marriage Recorder or any
person exerc1s1ng any power or pertorm1ng any duty under this
Act for anything which is in good faith done or intended to be
done in pursuance of thiS Act or any rule or order made
thereunder
19 ( 1) The State Government may by notification in the official
Gazette , make rules to carry out the purposes of this Act
Powet to r e1nov e
di/fi cuUies.
121 In partiCular and w1thout preJud1ce to the generality of the
lorego 1ng prov ision such rules may provtde for -
. a 1 the preparation and subm ission of report under
sub-sectton (3) of section 4 .
ib) the person or authority who shall be empowered
to rece1ve the memorandum under sub-section
(2) of sectiOn 7
tCi cond it1ons and Circum stances for correctio n of
errors and cance llation of entr ies in the marnage
register under section 9 .
(d) the form of reg1ster of marriages to be kept
under sub-section (2) of section 11 :
(e) the forms and instructions for the purposes of
sub-section (2) of section 11 ;
(f\ the intervals within which the Chief Marriage
Recorder shall inspect the office of Marriage
Recorder and examine registers kept therein
under section 12 :
(g) the interva ls at which and the form in which the
returns and statist ical reports under section 13
shall be furn ished and for the publication thereof
20 If any difficulty arises in giv1ng effect to the prov1s1ons of t111s
Act in their application to any area. the State Governm ent
may by order make such prov1S1on s or give SLtCh
directions not inconsistent with the provisions of this Act as
appears to the State Government to be neces sary or
exped 1ent for removing the diffic ulty.
A. 8 . Paul
Secretary ,
Government of Tripur a
KFORM-A[SeeSection7(2)]MEMORANDUMOFMARRIAGE
1.DateofMarriage2.PlaceofMarriage(withsufficientparticularstolocatethesame)3.{a}Fullnameofthebridegroom(b)Hisage(c}Address{i)PresentAddress(ii)PermanentAddress(d)Nameofhisfather(e)Nameofhismother
Affixjointpassportsizephotographsofspouses
{f}Statusofthebridegroomatthetimeofmarriage(Unmarried/Widower/Divorcee/Married)(g)Occupationofbridegroom(h)Hisreligionatthetimeofmarriage4.(a)Fullnarneofthebride(b)Herage(c)Address(i)PresentAddress
{i)PermanentAddress
%SubstitutedbyAmendmentAct,2013videGazetteNotificationdated9thOctober,2013
0,
{d)Nameofherfather{e}Nameofhermother{f}Statusofthebrideatthetimeofmarriage(Unmarried/Widow/Divorcee/Married)
(g)Occupationofbride(h}HerreligionatthetimeofmarriageFormofMarriage ByperformingSocialreligious(givetickmarktoiheappropriateform)ritesrecognizedbyHindu,Christian,Muslimetc.religion/
5.
byregistrationunderspecialMarrlageAct.
Signature/IhumbimpressionofthefemaleSignature/thumbimpressionofpartnerorherparentsorquardianincasethemalepartnerofthemarriageshehasnotcompletedeighteen(18)yearsorhisparentsorguardianinofaag. casehehasnatcompletedtwenty-one(21)yearsofAge6.WitnessesfortheGroom:WitnessesfortheBride:1.(a)Signature {a}Signature(b)Name (b)Name{c)S/O,D/O,WIO {c)S/O,D/O,WO(d)FullAddress {d}FullAddress{e)Relationship,ifany (e)Relationship,ifany
{b)Name {b}Name(c)S/O,D/O,WO (e)S/O,D/O,WO{d)FullAddress {d)FullAddress(e)Relationship,ifany__--- (e)Relationship,ifany_
Declaratlon
1,Shri andI,Smt doherebyjointiydeclarethatthemarfiagewasperiormedwithourconsent;andthat0ourknowledge,ourmarriagewasnotbarredbyanylawinforcealIhetime0fourmarriage.Wealsodeclarethatalinformationfurnishedhereinabovearecorrect.Signatureorleftinumbimpressionof:GroomBrideNote:BeforesigningtheMemorandumthesignatoryshouldsatistyhimself/herselfthatineentriesintheMemorandumarecorrectinallrespects.
FORM--B(SeeSechonFi2}d)and7(3))ACKNOWLEDGEMENT
Receivedfrom
Residentof
AMemorandumoftheMarriageconiractedbetweenthebridegraom
thesonofShri..
andbride
thedaughterof
CF1
Name,designationandfulladdressofthepersonorauthorityreceivingtheMemorandum.DatePlace
FORN-G[SaeSection13(4))GerificateofMarriage jointpassporsizeotspouses
Thisistocerlifythatfolowingparlicularsaboutthemarriagebetweenthepartiesmentionedbelowhavebeenrecordedinihemarniageregistermaintalnedinthisofficeason[ThiscerificateIsaprimafacieproofofmarriage)1. (a}Fullnameofthehusband[b)Hisaddress(chNameolhisfather'quardian(diNameofhismother'guardian2. (a}Fulinameofthewis{b)Heraddress{c)Nameofherlather/quardian{diNameofhermother'guardian1
3, DaleofMärrlage4, PlaceofMarriage5. Formofmarriage(Reiigloncustometo,)
Signature&desionationOHheMarhageRecorderSianatureorleftthumbImpression
Bride m
NB: Form-C substituted by 1st Amendment (w.e.f 9th October, 2013)
* Substituted by Amendment Act, 2013 vide Gazette Notification dated 9th October, 2013
*