PROVISIONS) ACT, 1976
Chapter VIII MISCELLANEOUS
Chapter VIII MISCELLANEOUS
28. Protection of persons acting under this Act
No suit or prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act.
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29. The Registrar to be a public servant
Every Registrar acting in pursuance of the provisions of this Act or rules or orders made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
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30. Power to make rules
(1) The State Government, may, by notification and after previous publication, make rules to carry out the purposes 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 following matters, namely:-
- (a) the duties and the powers of the Registrar;
- (b) the menner in which the memorandum shall be filed;
- (c) the registers or records required to be kept under this Act;
- (d) the custody in which the registers and records are to be kept and the preservation of such records;
- (e) powers and duties of the Marriage Tax Officers;
- (f) manner and procedure for the levy and collection of marriage tax;
- (g) manner of determining the expenses of a marriage;
- (h) rules subject to which grants may be made under section 14;
- (i) facilities that may be granted under section 14;
- (j) such other matter as is required to be prescribed under this Act;
- (k) any other matter for which there is no provision or no sufficient provision in this Act and for which provision is, in the opinion of the State Government, necessary for giving effect to the purposes of the Act.
- (3) Every rule made under this section shall be laid as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the sessions immediately following, both Houses agree in making any modifications in the rule or both Houses agree 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 such rule.
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31. Act to override other laws.- The provisions of this Act and the
Rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom usage, contract or decree or order of the Court or other authority.
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32. Amendment of Mysore Act 69 of 1949.- In the City of
Bangalore Municipal Corporation Act, 1949 (Mysore Act 69 of 1949)-
- (1) for sub-section (1) of section 56, the following sub-section shall be substituted, namely:- "(1) A person who has been sentenced by a Criminal Court to,-
- (i) imprisonment for life or to imprisonment for a period of more than six months for any offence other than an offence of a political character or an offence not involving moral turpitude; or
- (ii) imprisonment of an offence punishalbe under section 20, 21 or 22 of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, such sentence not having been reversed or the offence pardoned, shall be disqualified for election or appointment as a councillor while undergoing the sentence and for five years from the date of expiration of the sentence";
- (2) in sub-section (1) of section 69-X, after clause (b), the following clause shall be inserted, namely:- "(c) offence punishable under section 20, 21 or 22 of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976."
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33. Amendment of Karnataka Act 10 of 1959
In the Karnataka Village Pachayats and Local Boards Act, 1959--
- (1) in sub-section (1) of section 11, for clause (c), the following clause shall be substituted, namely:- "(c) if he has been sentenced by a Criminal Court to imprisonment—
- (i) for an offence which involves moral turpitude and which is punishable with imprisonment for a term exceeding six months; or
- (ii) for an offence punishable under section 20, 21 or 22 of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976, such santence not having been subsequently reversed or remitted".
- (2) in sub-section (1) of section 103, for clause (a), the following clause shall be substituted, namely:- "(a) if he has been sentenced by a Criminal Court to imprisonment,-
- (i) for an offence which involves moral turpitude and which is punishable with imprisonment for a term exceeding six months; or
- (ii) for an offence punishable under sections 20, 21 or 22 of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976, such sentence not having been subsequently reversed or remitted; or".
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34. Amendment of Karnataka Act 22 of 1964
In the Karnataka Municipalities Act, 1964, for clause (a) of sub-section (1) of section 16, the following clause shall be substituted, namely:- "(a) if he has been sentenced by a Criminal Court to imprisonment,-
- (i) for an offence which involves moral turpitude and which is punishable with imprisonment for a term exceeding six months; or
- (ii) for an offence punishable under sections 20, 21 or 22 of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976, such sentence not having been reversed or quashed or the offence pardoned, or".
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35. Amendment of Karnataka Act 27 of 1966
In the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 for clause (b) of sub-section (2) of section 16, the following clause shall be substituted, namely:-
- (b) if he has been sentenced by a Criminal Court to imprisonment,-
- (i) for an offence which involves moral turpitude and which is punishable with imprisonment for a term exceeding six months;
- (ii) for an offecne punishable under sections 20, 21 or 22 of the
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36. Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976, such sentence not having been subsequently reversed or remitted; or".
Repeal and savings.- The Bombay Registration of Marriage Act, 1953 (Bombay Act 5 of 1954) as in force in the Belgaum Area is hereby repealed:
Provided that the provisions of section 6 of the Karnataka General
Clauses Act, 1899 (Karnataka Act 3 of 1899) shall be applicable in respect of such repeal and sections 8 and 24 of the said Act shall be applicable as if the said enactment had been repealed and re-enacted by this Act.
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