Transfer Petition (C) No. 291 of 2005 Smt. Seema Vs. Ashwani Kumar on the file of the Supreme Court, directions have been issued to all States and Union Territories to the effect that marriage of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in the respective States/Union Territories.

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®ı Amflºƒˆ ÿk^π¬˛wÁ\ 2012 } ∏©´kˆ | 24 { No. 9 Poudouchéry Vendredi 2 4 Février 2012

No. Puducherry Friday 24th February 2012

(5 Phalguna 1933)

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

No. 179/Leg./2011/LD.

Puducherry, the 24th February 2012.

NOTIFICATION

Whereas, in Transfer Petition (C) No. 291 of 2005 Smt. Seema Vs. Ashwani Kumar on the file of the Supreme Court, directions have been issued to all States and Union Territories to the effect that marriage of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in the respective States/Union Territories, where the marriage is solemnised;

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LA GAZETTE DE L'ETAT [PART–II

And whereas, in pursuance of the above, the Supreme Court has further directed that necessary legislation be made to provide for such compulsory registration of marriages after giving due publicity and that the matter shall be kept open for objection for a period of one month from the date of advertisement inviting objections;

Now, therefore, for the above purpose, the draft of the "Puducherry Registration of Marriages Bill" prepared is hereby pre-published in the official gazette inviting objections from all persons interested therein;

Any objection or suggestion which may be received from any person in respect of the said draft legislation will be considered. The objections or suggestions in this behalf may be addressed to the Secretary to Government, Law Department, Chief Secretariat Buildings, Pondicherry – 605 001 within one month from the date of publication of this notification.

DRAFT

THE PUDUCHERRY REGISTRATION OF

MARRIAGES BILL

A

BILL

to provide for compulsory registration of all marriages

in the Union territory of Puducherry and for matters

connected therewith or incidental thereto.

1. (1) This Act may be called the Puducherry

Registration of Marriages Act.

Short title, extent and commencement.

(2) It extends to the whole of the Union territory

of Puducherry.

(3) It shall come into force on such date as the Government may, by notification in the official

gazette, appoint.

2. In this Act, unless the context otherwise requires,—

Definitions.

(a) "District Registrar" means a District Registrar of Marriages appointed under sub-section (2) of section 4;

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(b) "Government" means the Administrator of the Union territory of Puducherry appointed by the President under article 239 of the Constitution;

(c) "marriage" includes all marriages solemnised between persons belonging to any caste or religion under any law for the time being in force, or as per any custom or usage in any form or manner and also includes re-marriage;

(d) "memorandum" means a memorandum of

marriage referred to in section 5;

(e) "prescribed" means prescribed by rules made

under the Act;

(f) "priest" means any person who performs a marriage or any person present in the marriage referred to in section 7-A of the Hindu Marriage Act, 1955;

Central Act 25 of 1955.

(g) "Registrar" means a Registrar of Marriages

appointed under sub-section (3) of section 4;

(h) "Registrar-General" means the Registrar-General of Marriages appointed under sub-section (1) of section 4;

(i) "Union Territory" means the Union territory

of Puducherry.

Marriages to be compulsorily registered.

3. Every marriage performed on and from the date of commencement of this Act shall be registered under this Act notwithstanding the fact that the said marriage had been entered in the marriage registers governed by any other personal laws of the parties to the marriage or custom or usage or tradition.

4. (1) The Government shall, by notification, appoint a person to be the Registrar-General of Marriages for the Union Territory.

Appointment of Registrar-General, District Registrar and Registrar of Marriages.

(2) The Government shall, by notification, appoint a person to be the District Registrar of Marriages for each District for carrying out the purposes of this Act.

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(3) The Government shall, by notification, appoint such number of persons as it thinks necessary, to be the Registrar of Marriages for such local areas as may be specified in the notification, and one or more Registrars may be appointed for one or more such areas for carrying out the purposes of this Act.

(4) Every District Registrar and Registrar shall exercise such powers and perform such duties as may be prescribed and shall be under the general supervision and control of the Registrar-General.

Memorandum of marriage.

5. (1) The parties to a marriage shall prepare a memorandum in such Form as may be prescribed and shall deliver it in person or send in the manner as may be prescribed to the Registrar of the area where the marriage is solemnised or within whose jurisdiction either or both parties to the marriage have their permanent place of residence, within ninety days from the date of the marriage:

Provided that the memorandum may be delivered or sent to the Registrar within a further period of ninety days after the expiry of the said ninety days with the payment of additional fee as may be prescribed.

(2) Nothing in the proviso to sub-section (1) shall affect the liability of any person to any penalty under clause (a) of sub-section (1) of section 14.

Signature on memorandum and fees to be paid.

6. Every memorandum referred to in section 5 shall be signed by the parties to the marriage and by the priest and two other persons who witnessed the marriage and shall be accompanied by such fees and documents viz., certificate of priest who performed the marriage, certificate of marriage issued by the religious authority concerned, documents to show the age and residence of parties to the marriage, place of marriage etc., as may be prescribed.

Power to refuse registration of marriage.

7. (1) Where the Registrar, before whom the memorandum is delivered or sent under section 5 on scrutiny of the documents filed with the memorandum or, on the other facts noticed or brought to his notice, is

satisfied or has reason to believe that,—

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(a) the marriage between the parties is not solemnised in accordance with the personal laws of the parties, or any custom or usage or tradition; or

(b) the identity of the parties or 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 wife has not completed the age of eighteen years as on the date of solemnisation of marriage; or

(d) the husband has not completed the age of twenty-one years as on the date of solemnisation of marriage; or

(e) the documents tendered before him do not

prove the marital status of the parties,

he may, after hearing the parties and recording the reasons in writing, refuse to register the marriage and may,—

(i) call upon the parties to produce such further information or documents as deemed necessary, for establishing the identity of the parties and the witnesses or correctness of the information or documents presented to him, or

(ii) if deemed necessary, also refer the papers to the local police station within whose jurisdiction the parties reside, for verification.

(2) Where, on further verification as provided in sub-section (1), the Registrar is satisfied that there is no objection to register the marriage, he may register the same. If in the opinion of the Registrar, the marriage is not fit for registration, he may pass an order of refusal in writing, recording the reasons therefor.

Appeal to District Registrar.

8. (1) Any person aggrieved by the order of the Registrar under section 7 may, within a period of thirty days from the date of receipt of such order, appeal to the District Registrar in such manner as may be prescribed:

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Provided that the District Registrar may, within a further period of thirty days, admit an appeal presented after the expiration of the first mentioned period of thirty days, if he is satisfied that the appellant had sufficient cause for not presenting the appeal within the first mentioned period.

(2) The District Registrar, after giving an opportunity of being heard to the party affected and after recording the reasons in writing, direct the Registrar to register the marriage or confirm the order of the Registrar.

Appeal against the order under section 8.

9. Any person aggrieved by the order of the District Registrar made under section 8 may, within a period of thirty days from the date of receipt of the order, appeal against such order to the Registrar-General and the decision of the Registrar-General on such appeal shall be final and thereupon the Registrar shall act in conformity with such decision.

10. (1) On registration of the marriage, the Registrar shall issue certificates of registration to the both parties to the marriage in such form as may be prescribed.

Issue of certificate and maintaining register.

(2) Every Registrar shall maintain a register of marriages, in such form and in such manner as may be prescribed.

(3) On receipt of the memorandum of marriage under section 5, the Registrar shall file the same in the register.

Search of marriage by the Registrar.

11. (1) Subject to any rules as may be prescribed including the rules relating to payment of fee, any person may,—

(a) cause a search to be made by the Registrar

for any entry in the register of marriages; and

(b) obtain an extract from such register relating

to marriages.

(2) All extracts given under this section shall be certified by the Registrar and shall be admissible in evidence for the purpose of proving the marriage to which the entry relates.

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Register to be open for public inspection.

12. The register of marriages shall, at all reasonable times, be open to inspection and the certified extracts therefrom shall, on application, be given by the Registrar to the applicant on payment of such fee as may be prescribed.

Responsibility of employer, etc., of verification of marriage registration certificate.

13. No employer or a Government or quasi- Government Authority or Company or Public Sector Undertaking or Local Authority shall carry out any change in their office record or in any office documents, such as change in the marital status or change of nomination, of its employee or in their dealings with any person, customer or client unless the employee or, as the case may be, the applicant, applying for carrying out or recording of such change, submits a certified copy of the certificate of registration of marriage issued under section 10.

Penalties.

14. (1) Any person who—

(a) omits or neglects to deliver or send the

memorandum as required by section 5; or

(b) makes any statement in the memorandum which is false in any material particular, and which he knows or has reason to believe to be false; or

(c) contravenes any of the provisions of this Act,

or rules made thereunder;

shall, on conviction, be punished with fine which may extend up to one thousand rupees.

(2) The Registrar who wilfully fails to file the memorandum pursuant to section 5 or wilfully fails to register the marriage which is fit for registration shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend up to one thousand rupees or with both.

Penalty for secreting, destroying or altering register.

15. Any person secreting, destroying or dishonestly or fraudulently altering the register of marriage or any part thereof shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend up to ten thousand rupees or with both.

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Sanction for prosecution.

16. No prosecution for an offence punishable under this Act shall be instituted except by an officer authorised by the Registrar-General by general or special order, in this behalf.

Offences by companies.

17. (1) If any person committing an offence under this Act is a company, every person, who, at the time the offence was committed, was in-charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purpose of the section,—

(a) "company" means a body corporate and includes a firm or other association of individuals; and

(b) "director" in relation to a firm, means a partner

in the firm.

Protection of action taken in good faith.

18. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or a rule or order made thereunder.

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19. The Registrar-General, every District Registrar

Registrar, etc., to be public servant.

and Registrar and other officers while acting or purporting to act in pursuance of the provisions of this Act or rules

made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

Central Act 45 of 1860.

20. If any difficulty arises in giving effect to the Power to remove difficulties.

provisions of this Act, the Government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this Act, as appear

to them to be necessary or expedient for removing the difficulties:

Provided that no order shall be made after the expiry

of a period of two years from the date of commencement of this Act.

21. The Government may, from time to time, issue

Power of Government to give directions.

such directions not inconsistent with the provisions of this Act, to the Registrar, District Registrar and to the Registrar-General, as it may thinks fit for the effective

implementation of the provisions of this Act and they shall comply with such direction.

22. The provisions of this Act shall be in addition

Operation of other laws not affected.

to, and not in derogation of any other law for the time being in force.

23. No marriage solemnised in this Union Territory

Non-registration not to invalidate marriage

to which this Act applies shall be deemed to be invalid solely by reason of the fact that it was not registered under this Act.

24. (1) The Government may make rules for carrying

Power to make rules.

out all or any of the purposes of this Act.

(2) (a) All rules made under this Act shall be

published in the official gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

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(b) All notifications issued under this Act shall be

published in the official gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(3) Every rule made under this Act shall, as soon as possible, after it is made, be laid on the Table of the Legislative Assembly, and if, before the expiry of

the session in which it is so laid or in the next session, the Legislative Assembly makes any modification in any such rule or the Legislative Assembly decides 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.

SECRETARY TO GOVERNMENT (LAW).

————

online publication at "http://styandptg.puducherry.gov.in"

Government Central Press

Directorate of Stationery and Printing

Puducherry-9.