INDIAN CHRISTIAN
MARRIAGE (KARNATAKA) RULES, 1961
INDIAN CHRISTIAN MARRIAGE (KARNATAKA) RULES, 1961
PREAMBLE
In exercise
of the powers conferred by Sections 62, 64, 82, 83 and 85 of the Indian
Christian Marriage Act, 1872 (Central Act XV of 1872), and in supersession of
all the existing rules in this behalf, the Government of Karnataka hereby makes
the following rules, namely.
Rule - 1. Short title and Extent.
(1)
These rules
may be called the Indian Christian Marriage (Karnataka) Rules, 1961.
(2)
They shall extend
to the whole of the State of Karnataka.
Rule - 2. Form of Register Books.
The register
book in which marriages solemnized between Indian Christians by a Clergyman of
the Church of England shall be registered under Section 37 of the Act and shall
be in the form set forth in the third schedule to the Act.
Rule - 3.
The register
book in which marriages solemnized between Indian Christians by a Clergyman of
the Church of Rome shall be registered under Section 37 of the Act, and shall
be in the form set forth in the appendix to these rules.
Rule - 4.
The register
book in which marriages solemnized between Indian Christians by a Minister of
Religion who is not a Clergyman of the Church of England or of the Church of
the Rome shall be registered under Section 37 of the Act and shall be in the
form set forth in Schedule III or in that set form in Schedule IV to the Act.
Rule - 5.
The register
book in which marriages solemnized between Indian Christians by a Marriage
Registrar shall be registered under Sections 59 and 37 of the Act, and shall be
in the form set forth in Schedule IV to the Act
Rule - 6.
The register
book in which marriages solemnized between Indian Christians by a person
licensed under Section 9 of the Act to grant certificates of marriage between
Indian Christians shall be registered under Section 62 of the Act and shall be
in the form set forth in Schedule 3V to the Act.
Rule - 7.
All
marriages solemnized in India between persons one or both of whom professes or
profess the Christian religion, except marriage solemnized under Part V or Part
VI of the Act, shall be registered in a register book as set forth in the third schedule to the Act, if solemnized by the
Clergyman of the Church of England and the Clergyman of the Church of Scotland
and according to the form directed in that behalf by the Roman Catholic Bishop
of the Diocese or Vicariate, if such marriage is solemnized by a Clergyman of
the Church of Rome.
Rule - 8.
Any person
who has received episcopal ordination but who is not a Clergyman of the Church
of England, or of Rome or any Minister of Religion licensed under the Act, may
solemnize marriages and register in duplicate in a marriage register book
according to the form as set forth in schedule four to the Act. He shall also fill
in the particulars of the certificate attached to the marriage register book
and it shall be signed by the parties to the marriage and by two credible
witnesses apart from the person who solemnized the marriage. The certificate
shall be separated from the marriage register book and shall be forwarded to
the Marriage Registrar of the district who shall forward it to the
Registrar-General of Births, Deaths and Marriages every month, as required
under Sections 32 to 36 of the Act.
Rule - 9. Forwardal or Returns.
The
intervals at which true and duly authenticated returns from the register books
of marriages between persons one or both of whom professes or profess the
Christian religion shall be forwarded to the office of the Registrar-General of
Births, Deaths and Marriages through the Registrar of Archdeaconry by the
Clergyman of Church of England under Section 29 of the Act, directly by the
Clergyman of Church of Rome under Section 30 and through the Senior Chaplain of
the Church of Scotland by the Clergyman of the Church of Scotland once in three
months.
Rule - 10. Forwardal of Extracts from Register Book.
The
intervals at which true and duly authenticated extracts from the register books
of marriages between Indian Christians shall be forwarded to the Office of the
Registrar-General of Births, Deaths and Marriages, Mysore, Bangalore, under
Sections 62, 37 and 64 of the Act once in three months and such extracts shall
be so forwarded as soon as possible after the 1st day of January, April, July
and October in each year, through the District Registrar of Marriages.
Authentication
form of Extract The extracts shall be in the form prescribed for the register
book with the following authentication.
"I.......do
hereby certify that the foregoing returns are true and faithful copies of all
entries of marriages between Indian Christians registered during the quarter
ending......in the register book of such marriages kept at......in the district
of..........":
Provided
that when no such marriages have been registered in any quarter a report to
that effect shall be forwarded to the Registrar-General.
Rule - 11. The fees chargeable under Section 82 of the Act shall be levied at the rates prescribed in the following table.
(I)
Fees
chargeable by Licensed Minister or Marriage Registrars.
|
|
|
Amount of
fees
|
|
|
|
Rs.
|
nP.
|
|
(a)
|
for
receiving a notice of a marriage under Section 12 or Section 38 of the Act
|
1
|
00
|
|
(b)
|
for
publishing a notice of marriage under Section 13 or Section 39 of the Act
|
2
|
00
|
(II)
Fees
chargeable by Marriage Registrars.
|
|
|
|
|
(a)
|
for
issuing a certificate under Section 41 of the Act
|
5
|
00
|
|
(b)
|
for the
entry of protest against the issue of a certificate under Section 41 of the
Act
|
10
|
00
|
|
(c)
|
for
registering a marriage under Section 54 of the Act
|
3
|
00
|
Provided that
a Marriage Registrar may, at his discretion remit any part not exceeding
three-fourths of the fees leviable by him in favour of any person who appears
to him to be in indigent circumstances.
(III)
Fees
chargeable under Sections 63 and 79 of the Act by any person solemnizing a
marriage under the said Act and required to register the same or by a Marriage
Registrar having the custody for the time being of any register of marriages or
of any certificate or duplicate or copies of certificates under the said Act.
|
(a)
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for making
a search in any such register, or for such certificate, duplicate or copies
kept under the Act.
|
Rs.
|
nP.
|
|
|
(i) for
any period not exceeding one year
|
2
|
00
|
|
|
(ii) for
every additional year over which the search may extend
|
1
|
00
|
|
(b)
|
for the grant
of a copy under his hand of any entry in the same
|
2
|
00
|
Provided
that no fee shall be levied for any such search or copy from any soldier,
sailor, non-commissioned officer or petty officer in the case of entries
relating to themselves or their families:
Provided
further that any Government Chaplain may at his discretion reduce or altogether
remit in case of extreme poverty the fee for searching registers.
Rule - 12. Disposal of Fees.
A Marriage
Registrar who is in the service of Government shall pay into the Government
Treasury all fees levied by him. A Marriage Registrar who is not in the service
of the Government and any other person levying fees under the Act may retain such
fees.
Rule - 13. Supply of Books and Forms.
The Director
of Printing, Stationery and Publications will supply registers and forms free
to the Registrar of the Diocese, to the Bishops Registrar, to each Clergyman
who has received episcopal ordination, but who is not a Clergyman of the Church
of England or of the Church of Rome, to the Bishops of the Church of Rome, and
to Marriage Registrars. One full set of registers and forms will be supplied
free by the Director of Printing, Stationery and Publications to each Minister
licensed under Section 6 and to each person licensed under Section 9 to grant
certificates of marriage between Indian Christians and additional registers and
forms will be supplied to such Ministers and persons by the Director of Printing,
Stationery and Publications on payment of the cost.
Rule - 14.
Indents for
forms required by Roman Catholic Bishops and Clergy in the State shall be
forwarded by each Bishop to the Director of Printing, Stationery and
Publications, Bangalore. All other indents for register books and forms shall
be sent to the Diocese, the Magistrate of the District or the Senior Marriage
Registrar for the Bangalore Corporation, as the case may be.
Rule - 15. Entry of status as Foreign National Subject on Certificates.
Every
Minister of Religion solemnizing a Marriage and every Marriage Registrar by
whom or in the presence of whom a marriage is solemnized shall enter on the
face of the certificate of marriage to be forwarded to the Registrar-General of
Births, Deaths and Marriages in Mysore, Bangalore a statement whether each of
the parties to the Marriage or one or other of them or neither of them claims
to be a foreign national subject.
Rule - 16.
If neither
party to the marriage whether belonging to a Foreign national or not and if
either party desires the certificates to be transmitted for delivery to
Registrar-General of Births, Deaths and Marriages of their respective
countries, the Minister of Religion solemnizing the marriages or the Marriage
Registrar by or in the presence of whom the marriage is solemnized shall enter
a statement that the party so desires on the face of the certificate.
APPENDIX
(FORM)
Marriages solemnized between Indian Christians
at.......during three months ending.........by Clergyman of the Church of
Rome........
(1) When
married
(2) Where
married
(3) Names of
parties
(4) (a) Christian
name
(b) Surname
(5) Ages
(6) Condition
(7) Caste or
Profession
(8) Residence
at the time of Marriage
(9) Father's
name and surname
(10) By Banns
or license
(11) Canonical
impediments dispensed
(12) Signature
of the parties
(13) Signature
of two or three witnesses present
(14) Names of witnesses
in full
(15) Signature
and designation of the Minister by whom the ceremony was performed.