BIHAR MARRIAGE
REGISTRATION RULES, 2006[1]
PREAMBLE
Whereas marriage is an important and almost universal
ritual in the life of the parties, and
Whereas procedure of marriage is guided by various
legislations related to the faith and religion of the parties; and
Whereas at present there is no compulsion of getting
marriage registered; and
Whereas lack of registration of marriage deprives the
affected individuals in claiming their statutory rights for want of an
evidence; and
Whereas the Supreme Court of India has, in its order
dated 14th February, 2006 in Transfer Petition (C) No. 291 of 2005 has directed
all States to frame Rules with respect to the compulsory registration of
marriages;
The Governor of Bihar in exercise of the powers vested
under Article 162 read with Article 154 of the Constitution of India makes
following Rules for its application in the State of Bihar:
Rule - 1. Short Title, Extent and Commencement.--
(1)
These Rules may be called the 'Bihar Marriage
Registration Rules, 2006'.
(2)
It shall extend to the whole of the State of
Bihar and shall be applicable to the Marriages of all citizens of India
solemnized in the State.
(3)
It shall come into force from the date of its
notification in the Official Gazette.
Rule - 2. Definitions.--
In these Rules unless there be something repugnant in the
subject or context:-
(1)
"Solemnization of marriage" means
solemnization of marriage under provisions of any custom, personal law or under
Special Marriage Act, 1954, or any other Act.
(2)
"Marriage Registrar" means Mukhia
of a Gram Panchayat or Ward Commissioner/Counselor of an urban local body for
the marriages solemnized in his jurisdiction,
(3)
"Marriage Register" means the
Register maintained under Rule 5(2) of these Rules,
(4)
"Marriage Deputy Registrar General"
means the Sub-Registrar appointed under Sec. 6 of the Registration Act, 1908 of
relevant jurisdiction,
(5)
"Marriage Registrar General" means
the Collector of the District,
(6)
"Inspector General of Registration"
means the Inspector General of Registration appointed by the State Government
under Registration Act, 1908,
(7)
"Registration of Marriage" means
registration of marriages under Rule 3 of these Rules,
(8)
"Marriage Records" means
Applications filed, Marriage Registration Register and Information maintained
in computer of the office of Marriage Deputy Registrar General under Rules 3, 5
& 8 of these Rules,
(9)
"Community Marriage Place" means
those places where generally marriages are solemnized. They may include
Community Halls, Clubs, Hotels, Public places, Temples, Churches, Religious
places etc,
(10)
"Marriage Reporter" means a Manager
of the Community Marriage Place authorized by the Marriage Registrar under Rule
5 (1) of these Rules.
Rule - 3. Registration of Marriages.--
Every couple shall get their marriage compulsorily
registered before the Marriage Registrar within 30 days of solemnization of
their marriage, in accordance with the procedure as laid down under Rule 5 of
these Rules:
Provided that in case of marriage not getting registered
within 30 days for some reason it may be got registered thereafter after paying
the penalty as laid down in Rule 9(1) of these Rules.
Rule - 4. Registration to be no proof of validity of the marriage.--
The Registration of marriage under these Rules shall not
be an irrebuttable proof of validity of marriage under any law. This
registration shall be rebuttable proof of the marriage having taken place.
Rule - 5. Procedure for registration of marriage.--
(1)
Every married couple shall furnish
information and photograph and sign a declaration as required in prescribed
application form in triplicate in Form A of Appendix of these Rules before the
Marriage Registrar having jurisdiction over the place of solemnization of
marriage. A witness each of both sides shall affix his signature on the
application form as a token of affirmation of the said marriage having been
solemnized legally. The three copies of the application shall be for the use of
Applicants (Form A-l), Marriage Deputy Registrar General (Form A-2) and
Marriage Registrar (Form A-3) respectively:
Provided that The Marriage Registrar may authorize
caretakers in community marriage places of his jurisdiction to receive the
applications from the married couples married in his establishment by
appointing them as Marriage Reporters.
(1)
The Marriage Registrar shall enter the
information of the application form in Marriage Register maintained in Form B
of the Appendix to these Rules. He shall record serial number (hereinafter
known as Application Number) of marriages on all copies of the application and
return applicants' copy to the couple after signing the certificate mentioned
therein:
Provided that, the declaration made and signature affixed
by the couple and the witnesses before Marriage Reporter in Community Marriage
Places, shall be deemed to have been done before the Marriage Registrar
himself:
Provided further that on the application forms received
through Marriage Reporter the serial number shall be recorded by the Marriage
Registrar only and if he feels that an inquiry is needed then he may make
necessary inquiry.
(2)
Marriage Registrar shall make available, one
copy of the remaining two copies of the applications to Marriage Deputy
Registrar General of his area by the 15th day of the next month and maintain
the receipt in his record. Marriage Registrar shall maintain his copies of the
applications in his record.
(3)
The Marriage Deputy Registrar General shall
maintain the information regarding marriage of his area in his computer. In
addition to maintaining this in Form B-2, panchayat/ward wise, he shall
maintain a record of the names, tenure and specimen signature of Mukhias/Ward
Commissioners in Form B-l:
Provided that the Marriage Deputy Registrar General till
the arrangement of computer in his office, may maintain such information in a
Register.
(4)
Where Marriage Registrar finds apparent
objection in registering the marriage in any case, he shall record the
objections on the application (Form A-2) and solicit guidance of Marriage Deputy
Registrar General of his area. Such cases shall also be entered in the Marriage
Register and objections shall be recorded in the relevant column. In such
cases, Marriage Registration Number shall not be given at that instant.
Marriage Registration Certificate shall also be not given at that time. The
married couple shall be advised to appear before the Deputy Marriage Registrar
General of the area.
(5)
In such cases the Marriage Deputy Registrar
General if satisfied after making necessary inquiry will provide his guidance
in writing to the Marriage Registrar who shall enter it in relevant column of
the Marriage Register.
(6)
Marriage Registration Number shall be given
in such cases only when permitted by the Marriage Deputy Registrar General,
otherwise Registration number shall not be filled up.
Rule - 6. Disposal of objections related to Registration by Marriage Deputy Registrar General.--
In cases where guidance is solicited by the Marriage
Registrar from Marriage Deputy Registrar General under Rule 5(5), he shall
examine the objections received, after hearing the couple and their witnesses
and making necessary inquiry, in the light of the provisions of marriage law
applicable to them and shall record his finding in writing and he will send his
finding to the Marriage Registrar, a copy of which shall be provided to the
married couple.
Rule - 7. Appeal against the findings of Marriage Deputy Registrar General.--
The married couple may file appeal against the findings
of the Marriage Deputy Registrar General under Rule 6 before
the Marriage Registrar General of his area.
Rule - 8. Marriage Registration Certificate.--
The Marriage Registrar may issue Marriage Registration
Certificate to the husband or wife or to both on their request in Form C of the
Appendix on the basis of entries in the Marriage Register:
Provided that in cases where any objection is received,
Marriage Registration Certificate shall not be issued without getting guidance
of the Marriage Deputy Registrar General and if the Marriage Deputy Registrar
General has concluded that the said marriage cannot be registered, then
Marriage Registration Certificate shall not be issued to the couple.
Rule - 9. Powers of Inquiry.--
Marriage Deputy Registrar General and Marriage Registrar
General shall have, all such powers to call for the applicants, objectors
and witnesses at such time and place fixed by them for making enquiry to execute
their function under these Rules which is conferred by Civil Procedure Code.
Rule - 10. Disposal of amount of fine.--
The amount of fine received under Rule 3 or 12 shall form
part of Panchayat fund or urban body fund.
Rule - 11. Control and supervision.--
All Marriage Registrar Generals, Marriage
Deputy Registrar Generals and Marriage Registrars shall be under the control
and supervision of Inspector General of Registration for discharge of their
duties under these Rules.
Rule - 12. Penalty and Fines.--
(1)
Any person who does not get his/her marriage
registered within 30 days of solemnization of marriage shall be liable to pay a
fine of Rs. 100/- upto 90 days and thereafter for Rs. 50/- for each month
delay, upto a maximum of Rs. 1000/- only. In case of couple being guilty, fine
amount shall be payable by the husband:
Provided that no fine will be imposed in those cases
where applications have been submitted in time under the provisions of Rule
5(1) and Rule 5(5).
(2)
Any person who wilfully furnishes wrong declaration
and witness thereto shall be liable for action under Section 192 of Indian
Penal Code.
Rule - 13. Penalty on public servants.--
(1)
Non acceptance of application for
registration of marriage, omission in entering them in Marriage Register and
failure to make applications available to the Marriage Deputy Registrar General
by 15th day of next month by Marriage Registrar/Marriage Reporter may form a
ground for their removal from their elected posts. Marriage Reporter shall be
deemed to be a public servant for the purposes of discharging responsibilities
under these Rules.
(2)
Those Marriage Deputy Registrar Generals who
show dereliction of duty in maintaining information of marriage registration
shall be liable for departmental action under their service rules and on this
basis they may be liable for dismissal from service.
Rule - 14. Maintenance of records.--
(1)
Panchayats/urban local bodies shall maintain
Marriage Registration-Register permanently. It will be the personal
responsibility of Marriage Registrar to get it received to his successor in
office in writing.
(2)
The hard copy of the information maintained
on computer in the office of Marriage Deputy Registrar General shall be printed
each year and shall be got bound which shall be the permanent record of that
office and read as public document within the meaning of the Indian Evidence
Act, 1872.
Rule - 15. Power of issuing instructions.?
The Inspector General of Registration may from time to
time issue directions to Marriage Registrar Generals, Marriage
Deputy Registrar Generals and the Marriage Registrars for proper implementation
of these Rules.