m GAZETT'' ' ” E EXTRAORDINARY V PUBLISHED BYAUTHORITY MANIPUR No. 262 Imphal, Wednesday, October 30, 2013 (Kartika 8,19351 GOVERNMENT'OF MANIPUR SECRETARIAT : LAW& LEGISLATIVE AFFAIRS DEPARTMENT - NOTIFI'C‘ATI‘O-N' Imphal, the 30111 October, [2013 No. 2/7/2008-Leg/L: The following Act of the Legislature, Manipur Which received assent of the President of India on 18-10—2013 is hereby- published in the Official Gazette :
THE MANIPUR COMPULSORY REGISTRATION OFI‘VMARRIAGES ACT, 2008 a(lWanipurAct NO. 11 of 2013) - ' An Act to provide for compulsory registration- o't'marriage solenanised in the State of Magnip‘gr irrespective .. of caste, religion . and creed and for _matters connected therewnth or incidental fiaereto. . ' .. .
Be itenaeted by the Legislature ofthe State of Manipfir in the Fifty ninth Year ofthe Republic ofIndia as follows: . »
CHAPTER 1 1? SHORT TITLE,MANDCOWCELIENT - ‘ ~ _
(1) This Act Ama-y be called the ‘: Manipur Compulsory ‘ Reglstranon. of Marriages Act, 2008. ‘ , ‘ > ‘
(2) It extends to the whole ofthe State oijani'pur. _ . -
(3) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint. 1‘ ‘
2. -DEF1NI_TIONS - In this Act, unless the context otherwise requires —
(a) “marriage’ includes all the marriages contracted or solemnized by persons belonging to any caste, religion or creed and the marriages splemnized or contracted as per any custom, practices or traditions and also includes re-mah'iages'; ' ' ‘
(b) “memorandum” means _a memorandum of marriage mentioned in section 5; ' - ' , '_ ‘
(c) “parties,” means the husband and: wife whose marriage has been solemnized; ' ‘ ‘ * . , - 2 ,
(d) “preectibed” means prescribed by rules rn‘ad‘e m:ndeg this Act;
(e)
(g)
(h)
(i) [2] “register” means. a register ofmarriages. maintained under this Act;
‘Registrar’f means aiRegistrar of'marriages appointed under section 4;
“Registrar General -" means the Registrar General of Marriages, appointed by the State Government ‘in that behalf under the Births, f{Deaths and Marriages Act, 1886 or any other law for the time being in orce;
“State Govemment” means the State. Govermnent ofManipur;
“to contract a marriage” means to sqlemnize or enter into amarfiage in any form or manner in accordance with any custom, practices or traditions 'in force.
CHAPTER II REGISTRATION OF MARRIAGE 3- EVERY MARRIAGE INTHE STATE TO.BE REGISTERED - After the date on which the provisions ofthis Act have been brought into force under sub~section (3) of section 1, every marriage contracted in the State shall be compuls‘orily registered in the manner provided in section 5- 4- APPOINThrlENI‘ OF REGISTRAR OF MARRIAGES, ETC. -
(1) For the purpose of this Act, the State Govemment may, by notification, appoint, asmany Registrars of Marriages as it thinks necessary-for sucharea or areas as may be specified in the notification.
(2) The Registrar shall, maintain in“ the prescribed manner a register of marriage and such other registers as may be prescribed.
5. NIZEMORAIVDUM OF MARRIAGE - ' (I) The parties to a marriage to which section 3 applies, shall prepare and sign
(2)
(3) a memorandumin the form as may be prescribed and deliver or send by registered. post the said memorandum in duplicate to the Registrar of the area in which the marriage was contracted within a period of three months from the date ofmarriage.
The memorandum shall be .accompanied-by the prescfibed fee in the form of court fee stamps and shall- be attested by a- preseribed person or signed by two witnesses.
On receipt ofthe memorandmn, the Registrar shall! file the same, enter the particulars thereof in the register, send the duplicate copy thereof to the Registrar General and issue a marriage certificate in such form and manner as may be prescribed.
6. MEMORANDUM OFMARRIAGE SUBNHTTED AFTER THREE MONTHS-
(1) The Registrar may suo-motu or otherwise issue notice to the parties to a marriage which has not been registered under this Act, to appear before him and get the memorandum ofmarriage signed and delivered with the prescribed fee in such manner and within such time as: may be specified in the notice.
(2) On receipt of a memotandum under sub-section (1) the Registrar shall file the same, enter the particulars thereof in the register, send the duplicate copy thereof to the Registrar General and issue the marriage certificate as.
provided in. section 5-_
7. MARRIAGE CERTIFICATE TO BE GIVEN TO*THE COUPLLE —
(1) The Registrar shall, as soon as the registration of marriage has been completed, give free of cost, to the couple a Certificate of- Registration of the marriage in the form as may be prescribed under his hand and seal; '
10.
ll.
[3]
(2) Such certificate issued by the Registrar shall, be conclusive proof of registration of‘the said; marriage.
MAINTENANCEOF REGISTERS AND RECORDS -
(1) Every Registrar shall keep in the prescribed form a register of Marriage Registrations made in the area under his jurisdiction.
(2) The Registrar General ofManiages shall from- time to time cause to be ‘ printed and supplied to the Régistrars sufficientnumber of registers in the prescribed form.
REGISTERTO BE OPEN FOR PUBLIC WSPECTION - The Register maintained under this Act shall at all reasonable time, be open for inspection, and certified emacts therefrom shall, on application, be given by the Registrar on payment by the applicant of a fee as may be prescribed for each such extract.
REGISTRAR TO SEND PERIODICAL RETURNS TO THE REGISTRAR GENERAL FOR COMPILATION - Every Registrar shall send to the Registrar General of Marriages or to any Officer authorized by him at such interval and in such form as may be prescribed, a return regarding entries of marriage registratiOns in the register kept by such Registrar.
NON~REGISTRATION NOT TO INVALIDA-TE THE MARRIAGE - No marriage contracted in the State shall be deemed to be invalid Solely by reason of the fact that it was not registered under this Act or that the memorandum was not delivered or sent to the Registrar or that such memorandum Was defective, 'irregular'or incorrect.
CHAPTER III OFFENCES AND PENALTIES PENALTY FOR ONIISSION TO DELIVER OR SEND NIEMORANDUM UNDER .SECTION 5 OR FOR MAIGNG FALSE STATEMENT IN MEMORANDUM— ( 1) Any person Who,-
(a) after the appointed day, willfully omits or neglects to deliver or send the memorandum as required by section 5;
(b) makes any statement in a memorandum delivered 01- sent to the Registrar under section 5 or under section 6 is false in any material particular and which he knows or has reason to believe to, be false;
shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.
(2) The Registrar or any officer authorised by the State Government in this behalf may prosecute any person' for an- offence punishable under subsection (I ).
4.
[4] PENALTY FOR FAILURE TO FILE A MEMORANDUM — Any Registrar who willfully fails to file a memorandum delivered or sent» to him or to make entries in the register as required. by section 5 or section 6 shail be punishable with imprisonment which may extend .to three months or with fine which may extend to five hundred rupees or with, both.
PENALTY FOR CONCEALING, DESTROYING ORALTERmG REGISTER- Any person concealing, destroying or dishonestly or fraudulently altering the memorandum or the register or any part thereof shal} be punishable with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees.
CHAPTER IV MISCELLANEOUS REGISTRAR TO BE PUBLIC SERVANT - Every Registrar shall be deemed to be a public servant within the meaning of section 21' ofthe Indian Penal Code, 1860 (NO. XLV of 1860).
PROTECTION OFACTION TAKEN IN GOOD FAITH — No suit, prosecution or other legal proceedings shall lie against the State Government, the Registrar General of Marriages, any Registrar or any person exercising any power or performing any duty under this Act, for anything which is done or intended'to be done in good faith in pursuance of this Act or any rules or orders made there under.
1 POWERTO MAKE RULES —- ‘ (I) The State Government may, by notification in official Gazette, make rules for carrying out the purposes ofthis Act.
' (2) In particular and without prejudice to the generality of the foregoing . powers, such rules may provide for all or any the following matters, namely :- .
(a) the duties and powers of the Registrar General of Marriages and the Registrars;
(b) the forms and the manner in which memorandum under sections 5 and 6 shall be filed, and registers or records required to be kept by or under this Act;
(e) the custody in which the registers and records are to be kept, and the preservation ofsuch registers and records; '
(d) the fees to be paid under the relevant provisions of this Act.
[5]
(3) Every rule made under this Act shall ”be laid, as soon as may be after it is ' made before the Legislative Assembly of Manipur, while it is in session, for a total period of thirty days which may comprise in one session or in two more successive sessions, and if, before the expiry of the session immediately following the session of successive sessions aforesaid, the House agrees. in making any modification in the rule or the House agrees that the rule should not be made, the ‘rule shall thereafier 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 ofanything previously done under that rule.
18. APPLICATION OF 'OTI-IER LAWS NOT BARRED- Save as otherwise. provided, the provisions of this Act shall be'm addition to and not in derogation ofany other law for the time being1n force.
TH. KAMINI KUMAR SINGH, Joint Secretary (Law), Government of Manipur.
Printed at the Directorate of Printing & Stationery, Govt. of ManipuI/310-C/30-10~2013.