In pursuance of section 6 of the Anand
Marriage Act, 1909 (7 of 1909), the State Government do hereby make the
following rules for registration of Anand Marriages in the State, namely. (1)
These rules may be called the Odisha Anand
Marriages Registration Rules, 2016. (2)
They shall come into force on the date of
their publication in the Odisha Gazette. In these rules, unless the context
otherwise requires. (a)
"Act" means the Anand Marriage Act,
1909 (7 of 1909) as amended by the Anand Marriage (Amendment) Act, 2012 (7 of
1909); (b)
"District Registrar" means an
Officer as the State Government, may by notification in the Gazette, authorise
to carry out the provisions of these rules; (c)
"Form" means the Form appended to
these rules; (d)
"Anand Marriage" means Anand
Marriage commonly known as Anand Karaj solemnized in accordance with the
Provisions of the Act; (e)
"Register" means Anand Marriages
Register maintained by the Registrar of Marriages referred to in rule 5; (f)
"Registrar" means the Registrar of
Marriages to be authorised under rule 3. For the purpose of registration of
Anand Marriages commonly known as Anand Karaj solemnized within the State, the
State Government may, by notification in the Gazette authorise as many Officers
for such area or areas to be the Registrar of Marriages. The Registrar for the purpose of these
rules shall have jurisdiction to register the Anand Marriage solemnized within
the local areas as specified in the notification. The Registrar shall maintain Register
of Anand Marriages in Form-1 which shall be preserved in the Office of
Registrar as permanent record. (1)
The parties to the Anand Marriage duly
solemnized in accordance with the Provisions of the Act shall submit a
Memorandum duly filled in by them in Form-II in duplicate to the Registrar
along with documents to prove the solemnization of the marriage to the
satisfaction of the Registrar and registration fee of rupees fifty in form of
treasury challan within a period of thirty days from the date of solemnization
of their marriage: Provided that for registration of
marriages solemnized before the commencement of these rules, such memorandum
may be submitted within a period of one year from the date of commencement of
these rules. (2)
The memorandum shall be signed by both the parties
to the marriage and at least two other persons who have. witnessed the
marriage. (3)
The parties to the marriage who have not
registered their marriage within the period specified under sub-rule (1) may
get their marriage registered by submitting the memorandum to the Registrar in
Form-II and a Declaration in Form-Ill along with documents to prove the
solemnization of the marriage to the satisfaction of the Registrar and
registration fee of rupees one hundred: Provided that such Declaration shall
be attested by a Gazetted Officer or Member of Parliament or a Member of
Legislative Assembly or Member of a Local Self Government Institutions or
Notary Public. (1)
Where on verification and scrutiny of the
memorandum and documents received under sub-rule (1) or sub-rule (3) of rule 6,
the Registrar is satisfied that the marriage has been solemnized, he may enter
the particulars of the marriage in the register and issue a Certificate of
Anand Marriage in Form-I (2)
Where the Registrar has reasons to believe
that (a)
the marriage between the parties has not been
performed in accordance with Anand Marriage Ceremony; or (b)
the identity of the parties or the witnesses
testifying the solemnization of the marriage is not established; or (c)
the documents tendered before him do not
prove the marital status of the parties, he shall call upon the parties to
produce such further information or documents as he may deem necessary, for
establishing the identity of the parties and the witnesses or correctness of
the information or documents presented to him within a period of thirty days
from date of receipt of memorandum. The Registrar may, for the reasons to
be recorded in writing refuse the registration of marriage, if the parties to
the marriage fails to comply with the directions issued by him under sub-rule
(2) of rule 7. (1)
The Registrar may, on an application made by
any party to the marriage, if satisfied that there is typographical or clerical
mistakes in the entries made in the register or on the Certificate of
Registration in relation to the name, age or date of marriage, make suitable
corrections with previous sanction of the District Registrar and affix his
signature to each such correction; (1)
Any person aggrieved by the decision of the
Registrar may file an appeal to the District Registrar within a period of three
months from the date of communication of such decision: Provided that the delay, if any, in
filing such appeal may be condoned for the reasons to be recorded in writing by
the District Registrar if the Appellant satisfies the District Registrar that
he had sufficient cause for not preferring the appeal within the specified
period. (2)
The District Registrar shall, after giving
opportunity of hearing to the parties concerned, dispose of the appeal within a
period of fifteen days. (1)
The Registrar shall forward duplicate copies of
the memorandum received in a month to the District Registrar before the 10th
day of every subsequent month. The originals of the memorandum
received by the Registrar and duplicate copies forwarded to the District
Registrar shall be retained in the Office of the Registrar as well as in the
Office of the District Registrar as permanent record. (2)
The Registrar shall also forward particulars
of the corrections made under rule 9 with the date of correction and a copy
thereof to the District Registrar. (1)
The Fees shall be charged by the Registrar
and the District Registrar as the case may be for the purposes and at the rates
as specified below: For the purpose of obtaining a
certified copy of an entry made in the Register or for obtaining copy of memorandum
from District Registrar Office Rs. 50/-. (2)
All such fees shall be credited to the State
revenues under the head " _____________ Other Administrative Services
______________ Other Services _______________ Marriage Fees ______________
Registration Fees __________________ Fees for Registration of Anand Marriage
and for obtaining certified copy of entry made in the Marriage Register".ODISHA ANAND MARRIAGES REGISTRATION RULES, 2016
PREAMBLE