Chapter II REGISTRATION OF MARRIAGES

(1) After the commencement of the Act, every marriage performed in the State shall be registered online or otherwise, as the case may be under this Act in the manner provided in section 8 notwithstanding the fact that the said marriage had been entered in the Marriage Registers governed by the any other personal laws of the bride or bridegroom or customs and traditions. (2) This Act does not apply to the Marriages already registered with the Registrar of Marriages appointed by the Government.

(1) The parties to a marriage either bride or bridegroom or their parents or guardian shall inform the Marriage Officer about the factum of the Marriage to be registered in the Form as prescribed in the schedule duly signed by the said person, within 30 days from the date of the marriage in duplicate. (2) The Memorandum shall be signed by the bride and bridegroom and two witnesses on each side of bride and bridegroom before the Marriage Officer; (3) The Marriage Officer shall maintain the Register of Marriages in the Form as provided in the Schedule and enter in the Register all the information supplied to him in the memorandum and obtain the signatures of the bride and bridegroom and two witnesses on each side; (4) On receipt of the memorandum of the factum of Marriage or the proposed Marriage and on payment of the such charges, the Marriage Officer may go to the place specified within his jurisdiction and obtain the signatures of the bride and bridegroom and two witnesses on each side.

The memorandum of factum of marriage may be presented to the Marriage Officer after expiry of a period of 30 days as specified in sub-section (1) of section 8, and thereafter within a period of 60 days with the payment of fee of Rs. 100/- (one hundred only)

Any person who,- (1) wilfully omits or neglects to get the marriage registered as required in sections 8 and 9 shall be punished with fine which may extend to one thousand rupees, or; (2) Any person who makes any statement in the memorandum which is false in any material particulars and which he/she knows or has reason to believe to be false, shall be punished with imprisonment for a term which may extend to one year or fine which may extend to one thousand rupees or with both.

Any Marriage Officer who fails to register a marriage pursuant to section 8 shall be punished with imprisonment for a term which may extend to three months or fine which may extend to five hundred rupees or with both.

(1) The Marriage Officer shall, as soon as the registration of marriage has been completed, give free of costs to the couple a Marriage Certificate or digitally signed Marriage Certificate, as the case may be in the form as provided in the Schedule under his hand and seal; (2) Such Certificate issued by the Marriage Officer shall be the conclusive proof of the factum of the said marriage.

(1) Every Marriage Officer shall keep in the prescribed form a Register of marriages for the registration area or any part thereof in relation to which he exercises jurisdiction. (2) The Registrar General shall cause to be printed and supplied sufficient number of registers for making entries of Marriages according to such form and instructions as he may, from time to time prescribe, a copy of such forms in the local language shall be pasted in some conspicuous place on or near the other door of office of every Marriage Officer.

(1) Subject to any Rules made in this behalf by the State including the Rules relating to payment of fee, any person may: (a) Cause a search to be made by the Marriage Officer 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 signed by the Marriage Officer or any other Officer authorised by the State Government to give such extracts and shall be admissible in evidence for the purpose of providing the marriage to which the entry relates.

Every Marriage Officer shall send to the District Registrar of Marriages or to any officer specified by him, at such intervals and in such form as may be prescribed, a return regarding the entries of marriages in the Register kept by such Marriage Officer.

No Marriage performed in this State 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.

An offence under this Act shall be tried summarily by the Judicial Magistrate of First Class, in accordance with the procedure as laid down in the Code of Criminal Procedure, 1973.

No prosecution for an offence punishable under this Act shall be instituted except by an officer authorised by Registrar General, by general or special order in this behalf without his prior sanction.

All Registrars of Marriages or Marriage Officers and other Officers appointed under this Act, shall while acting or purporting to act in pursuance of the provisions of this Act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

No suit, prosecution or other legal proceedings shall lie against the Government, the Registrar General, any Registrar or Marriage Officer or any person exercising any power of performing any duty under this Act, for anything in good faith done or intended to be done in pursuance of this Act or any rule or orders made thereunder.

(1) The State Government may, by notification in the official Gazette, make rules to carry out the purpose 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 matters, namely:- (a) the duties and powers of the Registrars of Marriages or Marriage officers; (b) the forms and the manner in which the registers or records required to be kept by or under this Act shall be maintained; (c) the custody in which the registers and records are to be kept and the preservation of such registers and records; and (d) the fee to be paid under the relevant provisions of the Act. (e) the automated marriage registration process. (3) Every rule made under the Act shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session, and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification are annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity or anything previously due under that rule.