The Rajasthan Special Marriage
Rules, 1955
[16 May 1955]
Published
vide Notification No. F. 15(1) Jud./54, dated May, 11, 1955, Published in
Rajasthan Raj-Patra, dated May, 16, 1955 in Part 4(c) at page 117
In
exercise of the powers conferred by section 50 of the Special Marriage Act,
1954 (XLIII of 1954) the Government of Rajasthan is hereby pleased to make the
following rules, namely:-
Rule - 1. Short title and commencement :-
These
rules may be called the Rajasthan Special Marriage Rules, 1955 and shall come
into force on their publication in the Rajasthan Gazette.
Rule - 1A. Extension of Rules to Abu, Ajmer & Sunel Area & supersession of corresponding rules in force in those areas :-
(1)
On and
from the 1st Day of April, 1957, these rules shall also extend to the Abu,
Ajmer and Sunel areas of the new State of Rajasthan as formed by section 10 of
the State Registration Act, 1956 (Central Act 37 of 1956)
(2)
The
corresponding rules, in force in the Abu, Ajmer and Sunel areas of the new
State shall stand superseded on and from the aforesaid date.
Rule - 2. Definitions :-
these
rules, unless there is anything repugnant in the subject or context, -
(a)
"Act"
means the Special Marriage Act, 1954 (XLIII of 1954);
(b)
"Section"
means section of the Act, and
(c)
"Form"
means a form appended to these rules.
Rule - 3. Marriage Notice Book :-
(1)
There
shall be maintained by each Marriage officer a bound volume of blank forms of
notices (with intervening blank leaves between two printed forms known as the
Marriage Notice Book containing 200 pages numbered consecutively, in which a
true copy of all notices of intended marriages shall be entered as required by
sub-section (1) of section 6.
(2)
The
copies of notice entered in the Marriage Notice Book shall be numbered
consecutively, terminating the series at the close of each year.
Rule - 4. Paste Books for notices and Declarations :-
Separate
Paste Books, each bearing 200 butts serially numbered, shall be opened for
passing the originals of notices and declarations under sections 5 and 11.
Rule - 5. Marriage Certificate Book :-
There
shall be two separate bound Marriage Certificate Books under section 13 and 16,
each containing 100 consecutively numbered blank forms prescribed by the Fourth
& Fifth Schedules to the Act respectively.
Rule - 6. Entries in Marriage Certificate Books :-
The
entries made in the Marriage Certificate Books shall be numbered serially in
the respective looks, terminating the series at the close of each year.
Rule - 7. Numbering of Books :-
All
books maintained by the Marriage officer shall be numbered consecutively,
without terminating the series at the end of the year. The marriage officer
shall endorse a certificate of the correctness of the pages on the front page
before he uses any book.
Rule - 8. Forwarding a copy of the Notice under section 6(3) :-
The
copy e notice of intended marriage, required to be transmitted to other
Marriage Officer under sub-section (3) of section 6, shall be forwarded not 6
Marriage officer as far as possible on the day of receipt of such notice in any
case not later than the day following day of receipt.
Rule - 9. Pasting of notices and declaration in the Paste Book :-
(1)
The
notices received under section 5 shall be pasted in original in the Paste Book
opened under rule 4 after entering their copies in the Marriage Notice Book in
accordance with rule 3.
(2)
A copy
of the notice received under sub-section (3) of section 6 shall be pasted on
the next available page of the Paste Book.
(3)
The
declarations made under section 11 shall be pasted in a separate Paste Book
opened under rule 4.
Rule - 10. Recording of objections in Marriage Notice Books :-
(1)
When
an objection to an intended marriage has been recorded in writing by the
Marriage officer in the Marriage Notice Book under sub-section (3) of section
7, he shall, after inquiry there into under sub-section (1) of section 8,
record his decision in the said Book brief below the entry relating to such
objections.
(2)
If an
appeal is referred from the declaration of the Marriage officer under sub-section
(2) of section 8,the decision of the district court on such appeal shall be
recorded in brief in the Marriage Notice Book below decision of of the Marriage
officer recorded under sub-rule (1).
Rule - 11. Application for Registration of Marriage celebrated in other form :-
The
application made under section 15 shall be in Form No. 1, or as near hereto as
circumstances permit.
The
rule prescribes the application form for the registration of Marriage under
section 15 of the Act.
Rule - 11A. Proof of Age :-
The
Marriage officer may, for the purpose of satisfying himself that the parties to
the intended marriage have completed the age specified in section 4(c), require
them to produce birth certificate or any other satisfactory evidence to prove
their age.
Rule - 12. Public Notice under section 16 :-
The
public notice required under section 16 shall be given by publishing a copy of
the application under section 15 in a conspicuous place in the office of the
Marriage officer and sum publication shall be done immediately on receipt of
the application in the prescribed form.
Rule - 13. How notice under section 5 may be sent to the Marriage officer :-
(1)
A
notice under section 5 of an intended marriage may be sent to the Marriage
officer by messenger or by registered post, or may be delivered to him
personally, together with the fees prescribed under rule 17.
(2)
No
notice shall be entered and published unless the fees prescribed by rule 17 are
received.
Rule - 14. Solemnization or Registration of marriages other than the marriage officers office :-
(1)
When
the marriage is to be solemnized or registered at a place other than the
officer of the Marriage officer, the Marriage officer shall attend at the place
for the purpose, on the written application of the parties, provided the fees
prescribed for the purpose by rule 17 have been paid.
(2)
(a)
The Marriage officer shall not remain absent from his office for more than 3
hours; when the marriage is to be solemnized or to be registered at any place
in the city or town where his office is located.
(b) The Marriage officer shall not be required to go to a place more
than 30 miles distant from his office for solemnizing or registering a
marriage.
(c) The restrictions contained in clauses (a) and (b)(i) shall not
preclude the Marriage office from visiting any place outside his headquarters
but within his jurisdiction for the purpose of solemnizing or registering a
marriage, if the visit does not involve absence from his headquarters for more
than 2 days at a time including the time lequired for the journey and no other
marriage fixed during his absence, and
(3)
shall
not apply to any visits made out of office hours of on Sundays or other public
holidays.
Rule - 15. Seal :-
The
Marriage officer shall affix his seal to all certified copies granted under the
Act.
Rule - 16. Procedure for inquiries :-
In
all inquiries to be made under the Act, the Marriage officer shall follow the
procedure laid down in Order XVIII of the First Schedule to the Code of Civil
Procedure, 1908 (V of 1908)
Rule - 17. Fees :-
The
following fees shall be charged by Marriage officers for the performance of the
various duties under the Act -
|
|
Rs.
|
as.
|
P.
|
|
For
entering a notice under section 6
|
0
|
8
|
0
|
|
Additional
fee for every copy of notice required to be sent under section 6(3)
|
0
|
8
|
0
|
|
For
an application under section 15
|
1
|
0
|
0
|
|
For
recording objection in writing under section 7 or 16
|
1
|
0
|
0
|
|
For
solemnization or registration of marriage at the office of the Marriage
officer
|
5
|
0
|
0
|
|
For
solemnization or registration of marriage at a place within a radius of five
miles from the office of the Marriage officer
|
15
|
0
|
0
|
|
For
solemnization or registration of marriage at a place beyond the radius of
five miles
|
30
|
0
|
0
|
|
For
copy of applications made under section 15
|
1
|
0
|
0
|
|
For
copy of declaration
|
|
|
|
|
For
copy of certificate of Marriage
|
|
|
|
|
For
copy of notice under section 5
|
|
|
|
|
Search
fee, for searching the records maintained at the office of the Marriage
officer (except search of the Marriage Notice Book) -
|
|
|
|
|
For
the first year
|
0
|
8
|
0
|
|
For
every additional year
|
0
|
4
|
0
|
|
|
Subject
to a maximum fee of Rs. 2/-.
|
|
For
issue of commission
|
5
|
0
|
0
|
|
For
every other application which may be necessary under the Act
|
0
|
8
|
0
|
The fees shall be credited to
the Government in full under the does head "XLVI-Miscellaneous: Other
fees, fines and forfeiture". The Marriage officer may draw traveling a
allowance according to rules for journey performed in the course of duties
discharged under the Act.
Rule - 18. Preservation of Books & papers :-
The
books and papers listed below shall be prescribed for the periods specified
against them -
|
1.
Marriage Certificate Book under section 13
|
Permanent
|
|
2.
Marriage Certificate Book under section 16
|
Permanent
|
|
3.
Paste Book of declarations
|
Permanent
|
|
4.
Marriage Notice Book
|
30
years
|
|
5.
Paste Book for notices
|
30
years
|
|
6.
Applications received under section 15
|
30
years
|
|
7.
Inquiry papers
|
30
years
|
|
8.
Applications for private attendance
|
5
years
|
|
9.
Applications for certified copy
|
5
years
|
|
10.
Applications for issue of commission
|
5
years
|
|
11.
office copies of commission issued
|
5
years
|
|
12.
Applications for summonses
|
5
years
|
|
13.
office copies of summonses
|
1
year
|
Rule - 19. Repeal :-
Notification No. F. 2 (147) GA (A) 52 dated the 3rd,
October, 1952 of the Government of Rajasthan in the Central Administration (A)
Department prescribing the fees for performance of duties by Marriage officer
is hereby superseded.
Form No. 1
(See rule 11)
Form of application for registration of a marriage
celebrated under other form.
To,
The Marriage Officer
For The District of ....
Having fulfilled the following conditions, we ABCD hereby
apply to you for the registration of our marriage under section 15 of the Special
Marriage Act, 1954 (43 of 1954):-
(a)
A
ceremony of marriage has been performed between us, on dated ...) and we are
living together as husband and wife ever since.
(b)
Neither
of us has more than one spouse living.
(c)
Neither
of us is an idiot or lunatic.
(d)
We
have completed the age of 21 years.
(e)
We
are not within the degrees of prohibited relationship.
(f)
We
are residing at (place) ... from (date) ...
We hereby declare that what is stated above is true to the
best of our knowledge and belief.
Date............... (Signed) A. B.
Place.............. (Signed) C. D.