Uttarakhand Compulsory Registration of Marriage Rules, 2012

(1) These rules may be called the Uttarakhand Compulsory Registration of Marriage Rules, 2012. (2) It shall extend to the whole state of Uttarakhand. (3) It shall come into force on such date as the State Government may, by notification, appoint.

In these rules, unless the context otherwise requires :- (a) "Act" means the Uttarakhand Compulsory Registration of Marriage Act, 2010 (Uttarakhand Act No.19 of 2010); (b) "Registrar General" means the Inspector General of Registration appointed under section 3 of the Registration Act, 1908 (Act No.16 of 1908); (c) "Marriage" means such marriage which is covered by clause (e) of section 2 of the Uttarakhand Compulsory Registration of Marriage Act, 2010; (d) "District Registrar" means the Registrar of the District appointed under section 6 of this Act and also includes the officer performing the duties of a Registrar under section 13 of this Act; (e) "Local Registrar" means Registrar appointed by the State Government under Registration Act, 1908 (Act No. 16 of 1908) and also include a person so appointed under section 12 of above Act; (f) Words and expressions used herein and not defined but defined in the Act, shall have the meaning respectively assigned to them in that Act.

For the purpose of these rules each Sub-Registrar under his jurisdiction shall exercise the powers and discharge the duties of Local Registrar and within the district each District Registrar shall exercise the powers and discharge the duties of Registrar.

(1) Any parties to a marriage, on payment of fees specified in rule 10 may get the details of this marriage entered in the marriage register kept for this purpose of the Sub-Registrar office. (2) The application (memorandum of marriage) as Schedule 'A' given in the Act for registration of marriage shall be given in two copies to the Sub-Registrar under whose jurisdictions the marriage was solemnized or under whose jurisdiction the husband permanently resides, but District Registrar may also accept an application at his discretion. One copy of the application shall be maintained in the office of the Sub-Registrar and one in the office of the District Registrar. (3) Along with the applications referred in sub-rule (2) there shall be a certificate regarding the verification of identification of parties and other details mentioned in the application which shall be attested by the Gazetted Officer/Member of Parliament/Member of Legislative Assembly/Pradhan of Gram Panchayat/Nyaypanchayat Member/Chairman of Zila Panchayat/Member/Head of Regional Committee, Member/Chairman of Municipal Board/Municipal Corporation, Town Board, Cantonment Board, namely, corporator/Member/Councilor/Chairman of local body and in case any party to the marriage is a resident of a place other than the place of registration then the identification of such party shall be signed by the above mentioned authorities of that place.

(1) The registering officer shall maintain the register as provided in the Act. (2) The applications shall be kept in a file and the numbers shall be entered serially in Schedule 'C' given in the Act. (3) Registering officer, in the main page of a plain register issued to him, shall certify the number of pages actually entered and also write the date of receipt / commencement of register. Serial number shall also be entered on the registers used by the registering officer. (4) At the end of each calendar year, the registering officer shall certify the number of registered application during that year and when a register is filled the registering officer shall also certify the number of registered application during that year and when a register is filled the registering officer shall also certify the number of the rejected application in that particular register.

(1) Each application along with its Second true copy shall be submitted before the registering officer and its execution shall be accepted by the bride. The identification of bridegroom and bride shall be made by two witnesses who will submit required proof regarding their own identification. The registering officer shall duly sign and endorse the application and its second true copy on the reverse side with following endorsement, namely:-- "Shri son of Shri resident of Identification No ....................... submitted the memorandum of his marriage to day dated .......................... at office of Sub-Registrar ..................... the contract of which was also accepted by Mrs wife/daughter of Shri resident of ........................ identification No ............................ who was identified by Shri ............................. son of Shri resident of Identification No .............. and Shri son of Shri identification No . resident of....,. Signature Registrar Compulsory Registration of Marriage Bridegroom Signature and thumb impression Bride Signature and thumb impression First witness Second witness (2) After completion of proceeding as above, the registering officer shall complete the related entries in Schedule 'B' given in the Act enclosed with these rules and take signatures and thumb impressions of bridegroom and bride and both the witnesses. After that the registering officer shall release the certificate prescribed in Schedule 'D' given in the Act. (3) In case the declaration of marriage submitted before registering officer does not fulfill the prescribed formalities, he shall, after entering it issue the form of rejection of application prescribed in Schedule 'E' given in the Act. (4) In case of declaration of marriage is submitted before a registering officer and according to the details/evidences given the declaration the bridegroom or the bride is minor, the registering officer shall issue the forms of rejection of application prescribed in Schedule 'E' given in the Act and shall inform the local police on form prescribed in Schedule 'F' given in the Act. (5) Under the provisions of section 20 of the said Act the registering officer shall file the compulsory registration under any other Act, namely-(a) Indian Christian Marriage Act, 1872; (b) Kazis Act, 1880; (c) Parsi Marriage and Divorce Act, 1936; (d) the Hindu Marriage Act, 1955; (e) the Special Marriage Act, 1954; (f) the Foreign Marriage Act, 1969/ and Marriage Memorandum registered under any other prevailing Act also in addition to above, in separately maintained date wise register. (6) Under the provisions of section 13 the said Act the registering officer, on his own initiative or information that a certain marriage has not been registered, shall issue notice to the parties on the form prescribed schedule 'G' given in the Act.

On seventh day of every month or prior to that date the registering officer shall send to the District Registrar by registered post or by hand, duplicated copies of all the applications received during the previous month along with a covering letter which shall contain serial number of duplicate copies of application sent, and if no application was received during the previous month, shall send a letter indicating that no application was received.

On receiving second copies of the application form send under rule 7, the District Registrar shall maintain such second copies in the office of District Registrar.

The Registrar shall get the binding done of applications receiving them serially under rule 4 and of marriage registration certificate issued. One binding shall contain 400 pages and it shall be permanently maintained in the office.

(1) Fees for accepting applications for registration of marriage- (a) Rs. 100, in case the application is made within ninety days from the date of solemnization of marriage. It shall be paid in cash to the registering officer; (b) Rs. 200, in case the application is made after ninety days from the date of solemnization of marriage and it shall be paid in cash to the registering officer. (2) For receiving a copy of marriage registration certificate, the fees shall be Rs. 50 to be paid in cash to the registering officer. Application for certified copy shall be made in Form No. 28 of Annexure-1 of Registration Manual Part-2. A court fee of Rs. 1 shall be affixed to it and Rs. 10 stamp fee shall be payable. For ordinary copy, fees payable shall be Rs. 25, the copy shall be provided within a week. Fees for urgent copy shall be Rs. 50 and it shall be provided with thee days. For very urgent copy the fees shall be Rs. 100 and it shall be provided next day. Applications for certified copy shall be entered in a register provided in Form No 9 Annexure-1 Of Registration Manual Part-2. (3) Fees for inspection - (a) Rs. 25, in case the entry is for current year; (b) Rs. 50, in case the entry is for the previous year, similarly, Rs. 10 extra for every previous year. (4) Application for inspection is to be made in the Form No. 30 of Annexure-I of registration Manual Part-2 and Rs. 10 is to be paid

Form acknowledging the fees paid under these rules, a receipt shall be issued from receipt book as provided in Fom No. 8 Annexure-I of Registration Manual Part-2.

The registering officer shall maintain or arrange to maintain a fees receipt register as provided in Fonn No 13 Annexure-I of Registrati'on Manual Part-2, All the fees received as per rules shall be entered daily in fees receipt register and the registering officer shall sign it to verify the total receipt of fees during the day. The amount received daily shall be deposited in treasury on next working day.

(1) In case the application received tiy the registering officer under rule 4 is incomplete or faulty or in case the fees specified in rule 10 is not paid for any certified citation from Hindu Marriage Register, the registering officer shall require the parties to the marl.iage to rectify the fault or to pay the above fees, as the case may be, with in a period specified by him. If it is not done so the application shall be rejected. (2) In case the registering officer receiving such application has no jurisdiction to receive it, he shall retun it to the applicant for submitting it before the proper authority. (3) In case the registering officer objects to any application received for registration he shall send it to District Registrar who will decide on the matter and his decision shall be fiml, subject to any decrge or order of any competent court, in connection with the action on application. (4) Reasons for which the registration is rejected as atiove shall bc entered in relevant register. (5) The registering officer shall not be responsible for any bonafide refusal to register a memorandum of marriage by him. Ike District Registrar shall not take cognizance of any such cases. (6) According to i:ie provisions of sub-section (2) of section 15 of Uttarakhand Compulsory Registration of Marriage Act, 2010 (Uttarckhand Act No. 19 of 2010), the approval of Registrar General shall be takeh before making any comp]int to the cout under sub-section (2) of section 15 regarding the registering officer by the District Registrar. Such approval shall be given or action shall be taken by the Retlstrar General only after hearing the concerned Registering officer and after due consideration otherwise shall be made disciplinary proceeding. (7) The registering officer shall have no concern to the trueness or authenticity of the facts described jn request letter/ declaration letter regarding -the registration of memoranduin Of maniage received by him. Such points shall be judged by the competent court rtyen necessary. (8) No any right of consideration in relation of truthness and validity of mentioned married in the received marriage memorandum to him of Registering Officer. Such matters shall be judge by the competent authority when necessary.

The Registeriiig Officer/Sub-Registrarhocal Registrar shall discharge his duties and exercise his powers under the general superintendence of Inspector General Registration, who shall be the A-qorc;.a Registrar General for the whole State.

The Registering Officer shall keep the draft of application for registration in his office. The parties may use the typed foms on their options.

(1) All the r¢gisli`i.s pi.ovi{lcd in the rulc`"(l indc.Yes speciJii`{l in nilc 17 shall lie `qcm to il" Cci`tral Record Rooin ai licadqun[ler of registration district after six years of being fill`ed up and shall be permanently kept there. (2) All the other records such as all enclosures received with the declaration of marriage; applications received for inspection Of registers; applications and registers submitted for getting citations from registers and general correspondence and all letters etc. shall be de§toyed after completion of one year, receipt books in three years, fees receipt register and challans in six years after taking permissions from District Regi§irar by the Rectstering Officer.

(1) The index of all entries in marringe [eglster shall be mere in schedule register draft 'h. enclosed with these rules, entries in this shall be made by the name of bridegroom and the name of bride and the fees foi such entries shall be as under :-- (a) € Twenty Five in case the entry is for current year; (b) i Fifty in case the entry is for the last year and similarly € Ten extra for every previous year. (2) It shall`be available for inspection by any one.

(1) Registration of all marriages under the Uttar Pradesh Hindu Marriage (Registratioii) Rule's, 1973 prevailing in Uttarakhand shall be accomplished under the Uttarakhand-Compulsory Regisdation of Marriage Rules, 2011 from such date whch may be fixed as the date of coming into force the Uttamkhand CgmpulsoryRegistrationofMarringeRules,2011. (2) In cases where there is no mention 'of any procedural flactsb the procedure of registration of marriage covered by the Uttarakhand Compulsory Registration of Marriage Act, 2010 (Uttarakhand Act No. 19 Of 2010) shall be accomplished according to the rules prescribed in Registration Act/Rules regarding the facts of reference.

(Certificate of Compulsory Registration of Marriage) Under the Uttarakhand Compulsory Registration of Marriages Act, 2010. This is to certify that as per particular given in Memorandum of Marriage dated ............ of Shri ..................... Son of Shri ......................., and Shrimati wife of Shri resident of ...................... Marriage solemnized on .................... at ...................... the Memorandum of .................... has been entered at serial no .............. at page no ................ of volume no ............. Date.... Signature Registrar Compulsory Registration of Marriages

(Draft Regarding return or rejection of application submitted for compulsory registration of marriage) Under the Uttarakhand Compulsory Registration of Marriages Act, 2010. The application dated.... submitted by Shri ................... which has been made for registration of marriage solemnized between Shri .................... and Shrimati .................... on (date) ............. as per memorandum, is being returned under sub-rule of Rule 6 of Uttarakhand Compulsory Registration of Marriage Act, 2010 for the following reasons: - and under clause (d) of of sub-rule (2) of Rule 3 the application is entered in serial no ........ Year ...... of Reversion and Rejection register. Date.... Signature Registrar Compulsory Registration of Marriages

(Draft regarding information to be given to local police in connection with the application submitted for compulsory registration of Marriage) Under Uttarakhand Compulsory Registration of Marriages Act, 2010. The Police Station Officer, District ........... This is to inform you regarding the application dated ............. made by Shri ................... for registration of marriage solemnized between Shri .................... and Shrimati .................... on (date) ............... as per the memorandum, that the age of Shri ..................... resident of ............ is shown as ..... years accordingly he is a minor. Therefore above information is being given as per sub-rule (4) of Rule - 6 of Uttarakhand Compulsory Registration of Marriage Act, 2010. Date.................. Signature Registrar Compulsory Registration of Marriages

(Draft of notice in case of non-registration) Under Uttarakhand Compulsory Registration of Marriage Act, 2010. Shrimati/Shri.............................. It has come to the notice (if the source is known, it may be mentioned, but not necessarily) that the marriage has been solemnized between you (mention the name of bride and bridegroom) on (date) ........ at (place) ......... It is hereby expected from you that you submit your Memorandum of Marriage for registration along with the fees payable for this purpose, before the undersigned in format prescribed in schedule 'A' as per Section - 5 of Uttarakhand Compulsory Registration of Marriage Act, 2010. Be it known also that on not doing so you may be prosecuted under Section - 12 of the above Act. Date............... Signature Registrar Compulsory Registration of Marriages

(Draft of making index of entries in Marriage Register) Under Uttarakhand Compulsory Registration of Marriages Act, 2010. [Table columns: 1. Sl. No., 2. Date of submission of declaration, 3. Name, Father's name and Address of parties in declaration, 4. Date of Marriage, 5. Date of declaration letter, 6. Vol. No., 7. Page No., 8. Serial No.]

(Register of Reversion or Rejection of Applications) [Table columns: 1. Sl. No., 2. Date of submission of application, 3. Parties to marriage and Name of person making application, 4. Date of Reversion or Rejection, 5. Reason for Reversion or Rejection]

Marriage Registration Acknowledgement Form. Application for registration of marriage between Shri ............. and Shrimati ............. has been submitted by Shri .................... Date..., Signature Deputy Registrar Compulsory Registration of Marriages