[Punjab Act 1 of 2013]????? [4th February, 2013] An Act
to provide for the compulsory registration of marriages solemnised under any
law governing the parties irrespective of their religion, caste, creed or
nationality and for the matters connected therewith or incidental thereto Be it
enacted by the Legislature of the State of Punjab in the Sixty-third Year of
the Republic of India as follows? (1)
This Act may be called the Punjab
Compulsory Registration of Marriages Act, 2012. (2)
It shall come into force on such date[2],
as the State Government may, by notification in the Official Gazette, appoint
in this behalf. In
this Act, Unless the context otherwise required,? (a)
?Chief Registrar of Marriages? means the
Chief Registrar of Marriages, appointed as such by the State Government under
Section 9; (b)
?District Registrar of Marriages? means the
District Registrar of Marriages, appointed as such by the State Government for
a District under Section 10; (c)
?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); (d)
?marriage? means and includes a marriage,
solemnised in the State of Punjab under any of the following Act, customs or
laws, namely? (i)
the Indian Christian Marriage Act, 1872 (15
of 1872); (ii)
the Anand Marriage Act, 1909 (7 of 1909); (iii)
the Muslim Personal Law (Shariat) Application
Act, 1937 (26 of 1937); (iv)
the Hindu Marriage Act, 1955 (25 of 1955); or (v)
any other custom or personal law relating to
marriages; (e)
?marriage register? means a register of
marriages maintained under this Act; (f)
?Municipality? means an institution of
self-government constituted under Article 243-Q of the Constitution of India; (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)
?Panchayat? means an institution (by whatever
name called) of self-government for the rural areas constituted under Article
243-B of the Constitution of India; (i)
?prescribed? means prescribed by the rules
made under this Act; (j)
?Priest? means any person performing
religious rites of any religion and who has solemnised the marriage, sought to
be registered; (k)
?Registrar of Marriages? means a Registrar of
Marriages appointed as such by the State Government under Section 11; and (l)
?State Government? means the Government of
the State of Punjab. On or
after the commencement of this Act, every marriage,? (i)
between the parties, who are Indian
nationals; or (ii)
between the parties, one of whom at least is
a citizen of India and other a non-resident Indian or a foreign national, solemnised
or performed irrespective of religion, caste, creed or nationality shall be
registered in the manner as provided in Section 4: Provided that in case of any marriage, where one of the
parties is non-resident Indian or foreign national, it shall be mandatory for
such parties to disclose and mention in writing, his/her passport number, name
of country from which it has been issued and its period of validity, besides
his/her permanent residential/official address in the country of current
overseas abode and his/her valid, present social security number or any such
similar other identification proof officially issued by the country of foreign
abode, which information shall be entered in the certificate of marriage as
also in the marriage register. (1)
The parties to a marriage or any of their
parents or relations, shall prepare and sign a memorandum in such form, as may
be prescribed, and shall present the same in duplicate to the Registrar of
Marriages as per provisions of Section 5, within a period of three months from
the date of the marriage. (2)
The memorandum shall also be signed by the
priest. (3)
The memorandum shall be accompanied by such
fee in the form of court fee stamps and shall be attested by such person, as
may be prescribed. (4)
Where the Registrar of Marriages, before whom
the memorandum is presented under sub-section (1), on scrutiny finds or
otherwise has reason to believe that,? (a)
the marriage between the parties, has not
been performed in accordance with the personal law, applicable to the parties;
or (b)
the identity of the parties of the witnesses
or the persons, testifying the identity of the parties and the solemnisation of
the marriage is not established beyond reasonable doubt; or (c)
the documents attached to the said memorandum
do not prove the marital status of the parties, he may, after hearing the
parties and recording the reasons to do so in writing, refuse to register the
marriage, and may? (i)
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 or for any other reason specified in writing; or (ii)
if deemed necessary, refer the relevant
documents to the concerned Government agency within whose jurisdiction, the
parties reside for verification. (5)
Where on scrutiny of documents presented to
him or on further information as provided under sub-section (4), the Registrar
of Marriages is satisfied that there is no objection to register the marriage,
he shall enter the same in the marriage register within the prescribed period.
If in the opinion of the Registrar of Marriages, the marriage is not fit for
registration, he shall pass an order of refusal, in writing, after recording
the reasons therefor and send a copy thereof to the District Registrar of
Marriages. (6)
Notwithstanding anything contained in
sub-section (5), the Registrar of Marriages either suo moto or otherwise, may
enter any marriage, which takes place in his jurisdiction in the marriage
register, after calling the parties and ascertaining the facts, required for
registration of marriage. (7)
The persons who have solemnised their
marriages, before the date of commencement of this Act, may also get their
marriages registered, if they or any of them, were residents of the State of
Punjab at the time of marriage, subject, however, to the provisions of this
Act. (8)
If a marriage is already registered outside the
State of Punjab, it shall not registered again in the State of Punjab. (1)
The memorandum of marriage may be submitted
to the Registrar of Marriages, after the expiry of a period of three months,
but not after six months, along with such fee, as may be prescribed, by
describing the reasons for not submitting the said memorandum within the
stipulated period. (2)
Any marriage of which delayed information is
given to the Registrar of Marriages, after the expiry of a period of six
months, but within one year of its occurrence, shall be registered only with
the written permission of the prescribed authority and on payment of the
prescribed fee and submission of an affidavit duly attested by a Notary Public
or any other officer, authorised by the State Government in this behalf. (3)
Any marriage, which has not been registered
within a period of one year from the date of its occurrence, shall be
registered only with the written permission of the Chief Registrar of Marriages
and on payment of such fee, as may be prescribed and on submission of an
affidavit duly attested by an officer authorised by the State Government in this
behalf. The
registration of marriage shall be made in the office of the Registrar of
Marriages, within whose jurisdiction the marriage was solemnised or within
whose jurisdiction, either or both patties to the marriage have their permanent
place of residence. In case of marriages, solemnised outside the State of
Punjab, the registration of marriages can be made in the office of Registrar of
Marriages where either party or parties thereto have their temporary residence
in the State of Punjab. (1)
Any person, aggrieved by the order of
Registrar of Marriages refusing to register a marriage under sub-section (5) of
Section 4, may, within a period of thirty days from the date of passing of such
order, appeal to the District Registrar of Marriages in such manner and on
payment of such fees, as may be prescribed. (2)
The District Registrar of Marriages may,
after giving an opportunity of being heard to the parties concerned, pass an
order confirming the order of the Registrar of Marriages or after recording the
reasons, in writing, direct the Registrar of Marriages to register the marriage
or may pass such order, as he may deem fit. (3)
Any person aggrieved by the order of the
District Registrar of Marriages confirming the order of refusal to register a
marriage under sub-section (2), may, within a period of sixty days from the
date of receipt of such order, further appeal to the Chief Registrar of
Marriages in such manner and on payment of such fee, as may be prescribed. (4)
The Chief Registrar of Marriages, after
giving an opportunity of being heard to the party concerned, shall pass an
order confirming the order of the District Registrar of Marriages or the
Registrar of Marriages concerned or after recording the reasons, in writing,
direct the District Registrar of Marriages or the Registrar of Marriages
concerned, as the case may be, to register the marriage or shall pass such
order, as he may deem fit. No marriage
in the State of Punjab shall be deemed to be invalid solely by the reason or
the fact that it was not registered under this Act or that the memorandum was
not presented to the Registrar of Marriages or that such memorandum was
defective or incorrect. (1)
For carrying out the purposes of this Act,
the State of Government shall, by notification in the Official Gazette, appoint
an officer, to be the Chief Registrar of Marriages and such other officers to
assist him, as it may deem fit. (2)
The Chief Registrar of Marriages shall have
jurisdiction over whole of the State of Punjab and shall have all the powers
and perform all the duties conferred and imposed upon him under this Act. All
other officers, appointed under sub-section (1), shall exercise such powers, as
may be conferred upon them by the State Government. (3)
Every officer, appointed under sub-section
(1), to assist the Chief Registrar of Marriages, shall exercise his powers,
subject to the general superintendence and control of the Chief Registrar of
Marriages. (4)
The Chief Registrar of Marriages shall be the
Chief Executive Authority in the State of Punjab for the purpose of giving
effect to the provisions of this Act and the rules made thereunder. For this
purpose, he may issue directions to all concerned to co-ordinate and assist in
the working of registration of marriages in an efficient way and shall prepare
a report in this regard in such form and submit the same to the State
Government in such manner and at such intervals, as may be prescribed. (1)
The State Government shall appoint a District
Registrar of Marriages for each District and such number of Additional District
Registrars of Marriages, as it may deem fit, who shall, subject to the general
control and directions of the District Registrar of Marriages, discharge such
functions, as the District Registrar of Marriages may, from time to time,
assign to them. (2)
Subject to the general superintendence and
control of the Chief Registrar of Marriages, the District Registrar of
Marriages shall, superintendent the registration of marriages in the district,
and shall be responsible for giving effect to the provisions of this Act and
the rules made thereunder or the directions issued by the Chief Registrar of
Marriages from time to time. (1)
The State Government shall appoint a
Registrar of Marriages for comprising the area of a tehsil or sub-tehsil or a
combination of any two or more for carrying into execution in such areas the
provisions of this Act; Provided
that the State Government may appoint, in the case of Municipality or Panchayat
or group of Panchayats, any officer or employee thereof, to be a Registrar of
Marriages under the provisions of this Act. (2)
The Registrar of Marriages may also suo moto,
or on notice, without fee or reward, enter and register any marriage which
takes place in his jurisdiction in the marriage register maintained under this
Act, after calling the parties concerned and ascertaining the facts which
require such marriage to be registered. (3)
Every Registrar of Marriages shall have an
office in the local area of his jurisdiction for which he is so appointed. (4)
Every Registrar of Marriages shall attend his
office for the purpose of registering marriages on such days and at such public
hours as the Chief Registrar may direct and shall cause to be placed in a
conspicuous place on or near the outer door of his office, a board bearing, in
the local language, his name and the designation of the word ?Registrar of
Marriages? and the public days and hours of his attendance. Every
Registrar of Marriages shall maintain a marriage register, for the area or part
thereof, in relation to which he exercises jurisdiction in such form, language
and manner, as may be prescribed. If the
Registrar of Marriages finds that any entry of a marriage in the marriage
register kept by him under this Act, is erroneous in form or substance or has
been fraudulently or improperly made, he may, subject to such rules, as may be
made by the 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 entire by making a suitable entry in the margin, without
any alteration of the original entry, and shall sign and attest such entry,
made in the margin and indicate the date of correction or cancellation, so
made: Provided
that no such correction or alteration shall be made to the detriment of any
person without giving him an opportunity of being heard. (1)
Subject to the rules made in this behalf by
the State Government Search of including rules relating to the payment of fees
and postal charges, any person may,? (a)
cause a search to be made in the presence of
the Registrar of Marriages or any other officer or official, duly authorised by
him, for any entry in a register of marriages; or (b)
obtain an extract from such register relating
to any marriage. (2)
All extracts supplied under sub-section (1),
shall be certified by the Registrar of Marriages or any other officer
authorised by the State Government to supply such extracts as provided in
Section 76 of the Indian Evidence Act, 1872 (Central Act 1 of 1872), and shall
be admissible in evidence for the purpose of proving the marriage to which
these extracts relate. Any
person, who,? (a)
Wilfully omits or fails to present or send
memorandum as required under Section 4; or (b)
makes any statement in such memorandum, which
is false in material particulars and which he knows or has reason to believe to
be false; or (c)
secretly destroys or dishonestly or
fraudulently alters the marriage register or any part thereof. shall be liable to fine, which may extend to one thousand
rupees. The
Chief Registrar of Marriages, the District Registrar of Marriages, the
Registrar of Marriages and other officers, appointed to perform functions under
this Act, shall be deemed to be public servants within the meaning of Section
21 of the Indian Penal Code, 1860 (45 of 1860). No
suit, prosecution or other legal proceeding shall be instituted against any
person for anything which is in good faith, done or intended to be done under
this Act. (1)
The State Government may, by notification in
the Official Gazette, make rules for carrying out the purposes of this Act. (2)
In particular and without prejudice to the generality
of the foregoing powers such rules may provide for all or any of the following
matter, namely? (a)
the form of memorandum, fee and the person,
who shall attest the same under sub-sections (1) and (3) of Section 4; (b)
the period within which a marriage is to be
registered under sub-section (5) of Section 4; (c)
the fee payable under sub-sections (1), (2)
and (3) of Section 5; (d)
the authority mentioned in sub-section (2) of
Section 5; (e)
the manner and fee for filing an appeal under
sub-section (1) of Section 7; (f)
the manner and fee for filing of further
appeal under sub-section (3) of Section 7; (g)
the form, manner and intervals at which the
report of working of registration of marriages under this Act is to be
submitted under sub-section (4) of Section 9; (h)
the form, language and manner in which
marriage register is to be maintained under Section 12; (i)
the conditions on which and the circumstances
in which, entries may be corrected or cancelled under Section 13; (j)
the fee for search of any entry in a marriage
register and for obtaining an extract under sub-section (1) of Section 14; and (k)
any other matter required to be prescribed by
or under this Act. (3)
Every rule made under this section, shall be
laid, as soon as may be, after it is made, before the House of the State
Legislature while it is in session for a total period of ten days, which may be
comprised in one session or in two or more successive sessions, and if, before
the expiry of the session in which it is so laid or the successive sessions as
aforesaid, the House agree in making any modification in the rule or the House
agree that the rule should not be made, the rule shall thereafter, have effect
only in such modified form or be of no effect, as the case may be, so however,
that any such modification or annulment, shall be without prejudice to the
validity of anything previously done under that rule. The
provisions of this Act shall be addition to and not in derogation of the
provisions of the Indian Christian Marriage Act, 1872 (15 of 1872), the Anand
Marriage Act, 1909 (7 of 1909), the Muslim Personal Law (Shariat) Application
Act, 1937 (26 of 1937) and the Hindu Marriage Act, 1955 (25 of 1955).Punjab Compulsory Registration of
Marriages Act, 2012[1]