Ladakh Anand Marriages Registration Rules, 2024.

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भारत सरकार

GOVERNMENT OF INDIA

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एस.जी.-एल.डी.-अ.-02042024-1282

SG-LD-E-02042024-1282

असाधारण

EXTRAORDINARY

(cid:292)ा(cid:876)धकार से (cid:292)का (cid:871)शत

PUBLISHED BY AUTHORITY

ल(cid:622)दाख, 28 माच(cid:91), 2024 LADAKH, THURSDAY, MARCH, 28, 2024

Part II - Section 3

के (cid:219)(cid:289)-शा(cid:871)सत (cid:292)देश ल(cid:622)दाख (cid:292)शासन ADMINISTRATION OF UNION TERRITORY OF LADAKH

File No: M/271/2023-S&TW SEC

Department of Social & Tribal Welfare

Notification

Ladakh, 26th February, 2024

S.O.10 :- Whereas, a draft of 'The Ladakh Anand Marriages Registration Rules' was placed on public domain vide letter dated 20.06.2023, inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of fifteen days from the date on which the copies of the official Gazette containing the said notification were made available to the public;

And whereas objections and suggestions received from the public on the said draft rules were considered by the Administration of Union Territory of Ladakh;

And whereas the revised draft of the Ladakh Anand marriages Registration Rules was again placed in public domain vide letter dated Anand 23.01.2024, inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of thirty days from the date on which the draft was made available to the public;

And whereas no objections and suggestions were received from the public on the said draft rules;

Now, therefore, in exercise of the powers conferred by Section 6 of 'The Anand Marriage Act, 1909' (Central Act 7 of 1909), read with Government of India, Ministry of Home Affairs, S.O.1467(E) dated 19th April, 2016, published in part-II sub-section (ii) of Gazette of India, Extraordinary 19th April, 2016, the Administration of Union territory of Ladakh, is hereby pleased to makes the following rules to provide for the registration of Marriages, solemnised under the Anand Marriage Act, 1909.

CHAPTER-I

PRELIMINARY

1. Short title and Commencement. - (1) These rules may be called 'The Ladakh Anand Marriages Registration Rules, 2024'.

(2) They shall come into force from the date of their publication in the official Gazette.

2. Definitions. - (1) 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 (29 of 2012);

(b) "Anand Marriage" means Anand Marriage commonly known as Anand Karaj solemnized under the Act;

(c) "District Registrar" means the Deputy Commissioner or District Magistrate of the concerned district;

(d) "Form" means the Form appended to these rules; (e) "Parties to the marriage" means both Bride and Groom. (f) "Register" means a register of Anand Marriages maintained by the Registrar of Marriage; (g) "Registrar" means the Registrar of marriages/marriage officer as appointed under rule 3;

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

CHAPTER-II

REGISTRATION

3. Authorization of Registrar: - For the purpose of registration of Anand Marriage within the Union territory of Ladakh, the concerned Sub Divisional Magistrate/ Marriage Officer as appointed by the Administration of the Union territory of Ladakh by notification for registration of marriages in Ladakh will be the Registrar within their respective jurisdiction.

4. Jurisdiction. - The Anand Marriage shall be registered with the Registrar within whose jurisdiction place of residence of either party or the place where such marriage is solemnized in Ladakh.

5. Maintenance of Register of Marriages. - The Registrar shall maintain a Register of Anand Marriages in Form I.

6. Procedure for Registration. - (1) within a period of sixty days

The parties to Anand Marriage shall prepare Memorandum is duplicate, in Form-II and submit the same to the Registrar along with documents to prove the solemnization of the marriage to the satisfaction of the Registrar, along with Registration fee of Rs.500/- (Rupees Five Hundred Only), provided that for Registration of Marriages solemnized before the commencement of these rules, Memorandum shall 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 (i) shall get their marriage registered by submitting the memorandum to the Registrar in Form-II and a declaration in Form-III along with documents to prove the solemnization of the marriage to the satisfaction of the Registrar of Marriages.

7. Verification and registration of marriage. - (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 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 in 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 witness testifying the solemnization of the marriage is not established; or

(c) The documents tendered before him do not provide the marital status of the parties, he may, 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 presented to him within a period of thirty days from date of receipt of memorandum.

8. Refusal of Registration. - The Registrar may, for the reasons to be recorded in writing, refuse the registration of marriage, if the parties to the marriage fail to comply with the directions issued by him under sub-rule (2) of rule 7.

CHAPTER-III

ISSUANCE OF CERTIFICATE

9. Issuance of Certificate of Anand Marriage. - The Registrar shall provide two copies of the certificate of Anand Marriage to the couple, free of charge, within fifteen days of receiving the application.

10. Correction of the Entries in the Register. - The Registrar may on an application made by any party to the marriage, within thirty days of registration, if satisfied that there are typographical or clerical mistakes in the entries made in the register or on the certificate or registration in relation to the name, age or date of marriage, may make suitable corrections with previous sanction of the District Registrar and affix his signatures to each such correction.

CHAPTER-IV

APPEAL

11. Appeal. - (1) Any party to the marriage, aggrieved by the decision of registration 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 that they had sufficient cause for not preferring the appeal within the specified period.

(2) The District Registrar shall, after giving an opportunity of hearing to the parties concerned, dispose of the appeal within a period of thirty days from the date on which appeal filed.

12. Filing of memorandum. - (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.

(2) The originals of the memorandum received by the Registrar and duplicate copies forwarded to the District Registrar shall be retained.

(3) The Registrar shall also forward particulars of the corrections made under rule 10 with the date of corrections and a copy thereof to the District Registrar.

(BY ORDER AND IN THE NAME OF THE LT GOVERNOR OF LADAKH)

Sd/-

(PADMA ANGMO, IIS) /

COMMISSIONER CUM SECRETARY,

Social & Tribal Welfare Dept, UT of LADAKH To

1. District Collector & Magistrate, Leh/Kargil. 2. District Superintendent of Police, Leh/Kargil 3. Director, Social & Tribal Welfare, UT of Ladakh 4. Director, School Education, UT of Ladakh 5. Director, Health & Medical Education, UT of Ladakh 6. Chief Engineer, Public Works Department, UT of Ladakh 7. Chief Medical Officer, Leh/Kargil 8. District Social Welfare Officer, Leh/Kargil

Copy to:

1. All Administrative Secretaries 2. ADGP, Ladakh Police 3. Commissioner/Secretary, Law Department, 4. All HoDs, UT of Ladakh 5. OSD to Hon'ble Lt Governor, UT Ladakh 6. OSD to Advisor to Hon'ble Lt Governor, UT Ladakh 7. PS to Secretary, Ministry of Minority Affairs, GoI 8. PS to Joint Secretary, JKL, Ministry of Home Affairs, GoI Form-I

[Register of Marriage under Ladakh Anand Marriage Registration Rules, 2024]

Form-II

Memorandum for Registration of Marriages

(See rule 6 of Ladakh Anand Marriage Registration Rules, 2024)

Declaration

I hereby solemnly affirm & declare that all of the above furnished information is true & correct to the best of my knowledge.

I am fully aware that furnishing incorrect or false or forged information will lead to punitive action against me under the relevant statutory provisions.

Date:

Place:

Enclosed Documents:

1.

2.

3.

4.

Signature of Groom : ___________________________ Signature of Bride : ______________________

Signature of Witness I : _______________Signature of Witness II: __________________

Signature of Witness III_______________________(In case of the Special Marriage Act, 1954) Form-III

Declaration

[See rule 6(3) of Ladakh Anand Marriage Registration Rules, 2024]

We…………………………………………………………..(Name of the husband and wife) do hereby declare that our marriage was solemnized on…………………..(Date of marriage) at ……………………………(Place of marriage). The memorandum for registration of marriage could not be submitted within the period specified under rule 6 due to………………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………….(specify reason).

We hereby submit memorandum (Form II) along with documents to prove the solemnization of the marriage for the purpose of registration of our marriage.

Place:

Date:

Signature of Husband:

Signature of Wife:

Declaration to be attested by Gazetted Officer/Member of Parliament/Member of Local Self Government Institutions.

I ……………………………………………hereby certify that the marriage between ……………………………………. and … … … … … … … … … … … … … was solemnized on date…………………………..and the fact is personally known to me.

Signature with place, date and seal.

Form-IV

Certificate of Marriage

[Issued under rule 7 of the Ladakh Anand Marriage Registration Rules, 2024]

S.No. Reg. No. & date…………………

Certified that a Marriage

Between

Ms.................................................

D/o Mr........................................... & Mrs..................................

R/o.................................................................................................

............................................................................

age.................born on....................

And

Mr...................................................

S/o Mr........................................... & Mrs..................................

R/o.................................................................................................

............................................................................

age.................born on....................

Having been solemnized at Ladakh on. .............................................................

according to the custom practiced by the parties duly witnessed by

(1) Mr./Ms.............................................., S/W/D/o......................................... R/o..................................................................................................................

And

(2) Mr./Ms.............................................., S/W/D/o......................................... R/o...................................................................................................................

Has been duly registered on ..................... at the office of Marriage Officer, District............. at Ladakh, on the basis of the particulars furnished this office.

Signature of the applicants/Wife..........................

Signature of the applicants/Husband.....................

Issued on this.....................day of.....................................of the year..........

Under the hand & seal of the Marriage Officer (signature)....................................

"No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal consequences and also for any other misrepresentation etc."