TAMIL NADU REGISTRATION OF MARRIAGES RULES, 2009

TAMIL NADU REGISTRATION OF MARRIAGES RULES, 2009

PREAMBLE

In exercise of the powers conferred by sub-section (1) of Section 24 of the Tamil Nadu Registration of Marriages Act, 2009 (Tamil Nadu Act 21 of 2009), the Governor of Tamil Nadu hereby makes the following Rules:--

1. Short Title.--

These Rules may be called the Tamil Nadu Registration of Marriages Rules, 2009.

2. Definitions.--

(1) In these Rules, unless the context otherwise requires,--

(a) 'Act' means the Tamil Nadu Registration of Marriages Act, 2009;

(b) 'Form' means a Form appended to these Rules;

(c) 'witness' means any person who is present at the time of solemnization of the marriage;

(d) "Register" means the register of marriages maintained by the Registrar;

(2) Words and expressions used but not defined in these Rules shall have the same meanings, respectively, assigned to them in the Act.

3. Powers and duties of the District Registrar.--

The District Registrar shall,--

(a) file the duplicate copies of the memorandum for registration of marriages sent by the Registrar and maintain them as prescribed;

(b) provide certified extracts of the Register of marriages, certificate of registration of marriages and all the orders passed by him to the applicant;

(c) pass suitable orders on the appeal filed before him under sub section (1) of Section 8 of the Act.

4. Powers and duties of the Registrar.--

The Registrar shall--

(a) verify the memorandum for registration of marriage;

(b) verify the identity of parties to a marriage and witnesses;

(c) issue certificate of registration of marriage;

(d) send the copy of an order of refusal to register a marriage to the District Registrar;

(e) send a copy of the memorandum of marriage to the District Registrar;

(f) provide certified extracts of the Register of marriages, certificate of registration of marriage and all the orders passed by him to the applicant.

5. Procedure for Registration of Marriage.--

(1)    (a) Every memorandum for registration of marriage shall be in Form-I and it shall be delivered in person or sent to the Registrar along with an application in Form-II within ninety days from the date of marriage. Form-I shall be supplied free of cost to the parties to a marriage by the Registrar.

(b) An Acknowledgement for having received the memorandum for registration of marriage in Form-I along with the application in Form-II, shall be given by the Registrar.

(2) The memorandum shall be in duplicate, signed by the parties to the marriage, the priest and two witnesses and accompanied by a fee of Rs. 100/- (Rupees one hundred only), if the memorandum is sent within a period of ninety days from the date of marriage.

(3) If the memorandum for registration of marriage is not delivered or sent to the Registrar within ninety days from the date of marriage, the parties to the marriage may deliver or send the memorandum within a further period of sixty days after the expiry of the period of ninety days along with a fee of Rs. 150/- (Rupees one hundred and fifty only).

(4) The memorandum shall also be accompanied by the following documents issued by the competent authority to the parties and witnesses, namely:--

(a)    (i) Copy of the Voter's Identity Card issued by the Election Commission of India, or (ii) Copy of Passport; or

(iii) Copy of PAN/GIR Card issued by the Income Tax Department; or

(iv) Copy of Ration Card; or

(v) Copy of Photo Identity Card issued by the Government; or Government Undertakings or Local Bodies; or

(vi) Copy of Pass Book issued by Banks or Post Offices (With Photo); or

(vii) Copy of Pension Book; or

(viii) Copy of certificate issued to handicapped persons; or

(ix) Copy of Gun licence; or

(x) Copy of identity card issued to "Freedom fighters".

(b)    (i) Copy of birth certificate; or

(ii) School/College leaving certificate; or

(iii) any other proof of age of parties to the marriage; and

(c) Marriage invitation card or any other proof of place of 'Marriage'.

(5) On receipt of a memorandum, the Registrar shall scrutinise the same and if on scrutiny it is found that the memorandum is defective or insufficient in particulars or not accompanied with the fee or the documents required for scrutiny, he shall return the same to the parties to the marriage for rectification of the defects and resubmission of the memorandum within seven days from the date of receipt of the memorandum by the parties to the marriage.

(6) After verification of the memorandum and after being satisfied about the identity of the parties to the marriage and witnesses, the Registrar shall file the memorandum in the File of memorandum in the format given below consisting of blank butts serially numbered:--

The memorandum is filed at Serial No. .....................of 20......... on page of volume.......... of the File of memorandum of marriages maintained under the Tamil Nadu Registration of Marriages Act, 2009. Dated the .................. day of................. 20......... Signature Registrar of Marriages

(7) The Registrar of Marriages after filing the memorandum as contemplated in sub-rule (6) shall cause to scan the memorandum in the electronic storage device and on filing the memorandum along with the application the Registrar shall register the marriage and issue a certificate of registration of marriage in Form-III and deliver it to the parties to the marriage either in person or by post in the self addressed stamped envelope given by the parties.

(8) In case, the Registrar is not satisfied about the identity of the parties or the witnesses, or about the correctness of the statements made in the memorandum, the Registrar may, after hearing the parties and after recording the reasons in writing, pass an order of refusal to register the marriage in Form-IV and send a copy thereof to the District Registrar.

6. Duplicates to be forwarded to the District Registrar.--

(1) On or before the fifth day of each month, the Registrar shall send to the District Registrar, the duplicate copies of all the memoranda received by him during the preceding month, affixing at the end of the last of such copies a certificate as follows:--

"Certified that the memorandum, which bear Serial No.............to Serial No. are....................duplicate of all the memoranda filed in the file of memorandum maintained by me under the Tamil Nadu Registration of Marriages Act, 2009 during the month of Dated the.............day of.............20...... Signature Registrar of Marriages"

(2) on receipt of the duplicate copies of memorandum the District Registrar shall file them in the registers similar to those maintained by the Registrars.

7. Form of receipt.--

The Registrar shall issue a receipt for the fees received by him in the following form. The receipt shall be generated in duplicate through computer which shall be electronically numbered consecutively:--

RECEIPT (Under the Tamil Nadu Registration of Marriages Rules, 2009) No. .................................... O/o. The Registrar of Marriages, ............................................ (station) Received fees from Thiru/Tmt............................................................... (Memorandum No. ..............) towards  Sl. No...............................................Item................................................................................ (Rs.) (i) For registration of Memorandum of marriage (ii) For ..................... certified extracts from the Register (iii) For ...................... certified copy/copies of ................. (iv) For any other Total Rupees in words [Rupees----------------------------------------] Dated the--------day of--------------20. Signature------------ Registrar of Marriages.

8. Transmission of memorandum received in a wrong office.--

(1) If the Registrar receiving a memorandum has no jurisdiction to receive the same, he shall transmit it to the Registrar having such jurisdiction and inform the persons who had sent or delivered the memorandum accordingly.

(2) If the Registrar receiving such memorandum has no jurisdiction but inadvertently files the same in the register maintained by him, he shall send a certified copy thereof together with the copy of endorsement of filing recorded thereon to the Registrar having jurisdiction for the purpose of filing and inform the persons who had sent or delivered the memorandum accordingly. He shall then make a suitable endorsement on the memorandum indicating the action taken by him and for cancellation of registration from his register.

(3) The Registrar on receipt of the memorandum of a certified copy of the memorandum under sub-rules (1) and (2) shall file it in the register maintained by him without levying any additional fee and register the marriage following the procedure and inform the action taken by him to the District Registrar.

9. Correction in the Register of Marriages and Certificate of Registration.--

Any correction or any omission or mistake in the register of marriages or in the certificate, of registration shall be done by the Registrar after satisfying the genuineness of the correction by a foot-note without any alteration of the original entry and it shall be signed and dated by him.

10. Appeals.--

(1) An appeal to the District Registrar under sub-section (1) of Section 8 of the Act against the order of the Registrar under Section 7 of the Act may be made within a period of thirty days from the date of receipt of such order along with a copy of that order and with necessary documents, referred to in sub-rule (4) of rule 5.

(2) The District Registrar after giving an opportunity of being heard to the aggrieved parties concerned shall pass an order, after recording the reasons in writing, directing the Registrar to register the marriage or confirming the order of the Registrar, as the case may be.

(3) An appeal to the Registrar-General under Section 9 of the Act against the order of the District Registrar under subsection (2) of Section 8 of the Act may be made within a period of thirty days from the date of receipt of such order along with a copy of that order and with necessary documents, referred to in sub-rule (4) of rule 5.

(4) The Registrar General after giving an opportunity of being heard to the aggrieved parties concerned shall pass an order, after recording the reasons in writing, directing the Registrar to register the marriage or confirming the order of the District Registrar as the case may be.

11. Form of Register of Marriages and manner of keeping it.--

(1) The Registrar shall maintain a register of marriages in Form V for every year. Information regarding refusal to register a marriage shall be maintained separately in a register in Form VI.

(2) The Registrar shall certify under his signature on the title page of every blank register issued to him, the number of pages actually contained in such register and shall note the date on which the register was received and opened by him.

12. Inspection of registers and obtaining certified copies thereof.--

The Register of marriages shall be kept open for inspection of public. Any person desirous of inspecting the register may, on an application made in this behalf to the Registrar and on payment of fees as specified in the Table below, be allowed to do so.