In exercise of the powers
conferred by section 6 of the Anand Marriage Act, 1909 (7 of 1909) and all
other powers enabling him in this behalf, the Governor of Punjab is pleased to
make the following rules to provide for the registration of Anand Marriages,
namely:- (1) These rules
may be called the Punjab Anand Marriages Registration Rules, 2016. (2) They
shall come into force on and with effect from the date of their publication in
the Official Gazette. (1) In these
rides, unless the context otherwise requires,- (a) "Act"
means the Anand Marriage Act, 1909 (7 of 1909); (b) "Additional
District Registrar of Marriages" means the Sub Divisional Officer (Civil)
of the area within his jurisdiction; (c) "Anand
marriage" means a Sikh marriage solemnized by "Anand" commonly
known as Anand Karaj; (d) "Chief
Registrar of Marriages" means the Secretary to Government of Punjab,
Department of Justice or an officer authorized by him not below the rank of
Additional Secretary to Government of Punjab; (e) "District
Registrar" means Deputy Commissioner of the District; (f) "foreign
national" means any person who is not a citizen of India and shall include
Persons of Indian Origin (PIO) and Overseas Citizens of India (OCI); (g) "Non-resident
Indian" (NRI) means a person of Indian origin, who is either permanently
or temporarily settled outside India for any of the following purposes:- i.
For or on taking up employment outside India; or ii.
For carrying on a business or vocation outside India; or iii.
For any other purpose, as would indicate his/her intention in such
circumstances to stay outside the territorial limits of India for an uncertain
or determined period for fulfilling or completing such purpose; (h)
"Form" means a Form appended to these rules; (i) "Relations"
means the family member of the Bridegroom and the Bride, apart from their
parents, namely:- (a) paternal
and maternal grandfather/grandmother; (b) uncle and
aunt; (c) brother; (d) sister;
and (e) cousin. (j)
"Register" means a Register of Anand marriage; (k) "Registrar
of Marriages" means a Tehsildar or a Naib Tehsildar within their
respective jurisdiction; and (1) "State
Government" means the Government of the State of Punjab in the Department
of Justice. (2) The words
and expressions used in these rules, but not defined, shall have the same
meaning as assigned to them in the Act. For the purpose of registration
of Anand marriage solemnized within the State of Punjab, the Tehsildar and the
Naib Tehsildar shall be the Registrar of Anand Marriages within their respective
jurisdiction. The Anand marriage shall be
registered with the Registrar within whose jurisdiction such marriage has been
solemnized. (1) The
parties to an Anand marriage or any of their parents or relations, as the case
may be, shall present the memorandum in Form-I, before the Registrar of
Marriages concerned, for registration of marriage within a period of three
months from the date of such marriage. (2) If one of
the parties to the marriage is Non-resident Indian, in that case, they shall
attach all necessary information as specified in the Form I-A, along with the
memorandum of marriage in Form-I. (3) The
memorandum shall be accompanied with a fee of rupees fifteen hundred in the
form of court fee stamps. (4) The
Registrar of Marriages, after satisfying himself the provisions of rule 7,
shall register the marriage within a period of one month from the date of
receipt of the memorandum for the purpose. (1) In case
the parties to an Anand marriage or any of their parents or relations, as the
case may be, submits memorandum for registration of marriage to the Registrar
of Marriage concerned,- (i) after the
expiry of a period of three months but not after a period of six months from
the date of solemnization of the marriage such marriage shall be registered
subject to the payment of a late fee of rupees one thousand, in addition to the
fee as specified in sub-rule (3) of rule 5; (ii) after the
expiry of a period of six months but within a period of one year from the date
of solemnization of the marriage, such marriage shall be registered only after
obtaining the written permission of the District Registrar of Marriages concerned,
subject to payment of a late fee of rupees fifteen hundred in addition to the
fee, as specified in sub-rule (3) of rule 5; and (iii) after the
expiry of a period of one year or above from the date of solemnization of the
marriage, such marriage shall be registered only after obtaining the written
permission of the Chief Registrar of Marriages, subject to payment of a late
fee of rupees two thousand in addition to the fee as specified in sub-rule (3)
of rule 5. (2) The
parties referred above in sub-rule (1), shall submit their memorandum along
with an affidavit (duly attested by the Notary or any other officer authorized
by the State Government), describing the reasons for its late submission (1) Where on
verification and scrutiny of the memorandum and documents received under
sub-rule (1) or sub-rule (2) of rule 5, the Registrar is satisfied that the
marriage has been solemnized, he shall enter the particulars of the marriage in
the register and issue a Certificate of Anand Marriage in Form-IV. (2) Where the
Registrar has reasons to believe that,- (a) the
marriage between the parties is not an Anand marriage; 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 corrections of
the information or documents presented to him within a period of thirty days
from the date of receipt of memorandum. The Registrar shall, for the
reasons to be recorded in writing, refuse to register the Anand marriage, if
the parties to the marriage fail to comply with the directions issued by him
under sub-rule (2) of rule 7. If the Registrar of Marriages
suo-moto or on receipt of an application from any person, finds that the entry
of a marriage is erroneous in form or substance or has been fraudulently or
improperly made, he may correct or cancel, as the case may be, such entry in
the register maintained for the purpose, after passing a speaking order in this
behalf and make an entry to that effect in the remarks column of such register: Provided that the parties
concerned shall be given a reasonable opportunity of being heard, before
passing of such an order by the Registrar of Marriages, for such correction or
cancellation, as the case may be, of entry in the register pertaining to such
marriage. (1) Any
person aggrieved of an order passed by the Registrar of Marriages, may file an
appeal within a period of thirty days from the date of passing of such order,
to the District Registrar of Marriages in Form-II, on payment of a fee of rupees
one thousand in the form of court fee stamps. (2) Any
person aggrieved of an order passed by the District Registrar of Marriages, may
file an appeal to the Chief registrar of marriages in Form-III within a period
of sixty days from the date of receipt of copy of such order, on payment of a
fee of rupees five hundred in the form of court fee stamps. (1) The Chief
Registrar of Marriages shall prepare the report of the marriages solemnized in
the State of Punjab, in Form-IV and submit the same to the State Government, on
quarterly basis. (2) The Chief
Registrar of marriages, shall issue directions to the Registrars of Marriages,
regarding maintenance of records/registers, from time to time, as he deems fit. (3) The Chief
Registrar of Marriages may direct the District Registrar of Marriages, to
periodically inspect the records of the Registrar of Marriages, falling within
their respective jurisdiction, (4) 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. Every Registrar of Marriages
shall maintain an Anand Marriage Register in Form-V (both in English and Punjabi
languages).PUNJAB ANAND MARRIAGES
REGISTRATION RULES, 2016
PREAMBLE