The Tripura Act No. 22 of 2004 THE TRIPURA RECORDING OF MARRIAGE ACT, 2003 • • Published 1n the EXTRAORDINARY ISSUE OF TRIPURA GAZETTE Agartala . Wednesday . August 11 . 2004 A . 0 Sravana 20. 1926 S E No F. 9(30)-Law/Leg/2001 GOVERNMENT OF TRIPURA LAW DEPARTMENT Dated. Agtu1ala. t11e 1Oth August, 2004.
NOTIFICATION The following Act of the Tripura Legislative Assembly rece1ved the assent of the Governor on the 6th day of August. 2004 and is hereby published for general information.
A. B. Paul.
Secretary, Government of Tripura Tripura Act No 22 of 2004 THE TRIPURA RECORDING OF MARRIAGE Act - 2003 An Act to provide for the regulation of compulsory record1ng of marnage and for matters connected therewtth and incidental thereto.
Be it enacted by the Tripura Legislative Assembly in the Fifty-Fourth year of the Republic of India as follows :- Slwrt - Tille, Extent and C om1nenc etnent.
Definitions.
1.
2.
(1)
(2)
(3)
CHAPTER- I Preliminary This Act may be called the Recording of Marriage Act,
2003.
It extends to the whole of Tripura .
It shall come into force on such date as the State Govt. , may by notification in the Official Gazette. appoint.
In this Act. unless the context otherw1se requires :-
(a) "to contr9ct a marriage" , with its grammatical variation and cognate expressions, means to solemnize or enter into a marriage in any recognized form or manner :
(b) "marriage" includes a re-marriage :
(c) "Marriage Recorder" means the Chief Marriage Recorder, District Marriage Recorder and Sub-Divisional Marriage Recorder appointed or designated under sub-section ( 1) of section - 4 and sub-section ( 1) of section - 5 ;
(d) "Marriage Reporter" means a Marriage reporter appointed or designated under sub-section (1) of section - 6 :
(e) ''memorandum" means a memorandum of marriage referred to in section - 7 ;
(f) ''prescribe" means prescribed by rules made under this Act
(g) "State Government" means the State Government of Tripura.
CHAPTER - II RECORDING ESTABLISHMENT
3. All marriages solemnized on or after the commencement of this Act in the State in any form recognized under the personal law or custom applicable to the parties (husband and wife) or either of them shall be compulsory recorded in accordance with the provisions of this Act.
Cl>iet Mart/age Rf!COldN.
District Marriage R e>corde r.
4 (1 l The State Government may. by notification in the Official Gazette appo1nt a Chief Marnage Recorder for the State or des1gnate an officer of the State Government to hold that office
(2) The State Government may also appo1nt or des1gnate other officers for the purpose of discharging. Lmderthe superintendence. direction and control of the Ch1ef Marriage RecordeL such functions as he may from time to lime authonze them to discharge
(3) The Chief Marriage Recorder shall be the Chief Executive Authority in the State for carrying into execution the provisions of this Act and the rules or orders made thereunder. He shall be responsible to co-ordinate. unify and supervise the works of recording of the marriages and submit in the month of January every year where the annual report of the preceding year on the working of this Act 5 (1) The State Government may appoint a person or des1gnate an officer to be the District Marriage Recorder for each revenue Distnct and such numbef of Sllb-Divisional Marriage Recorders for one or more Sub-Divisions who shall. subject to general control and directions of the District Marriage Recorder. d1scharge such functions under this Act as the District Marriage Recorder may, from time to time, authorise them to discharge or designate such officer of the State Government as it think fit to hold any such office.
(2) The District marnage Recorder shall superintend subject to the direction of the Chief Marriage Recorder. the recording of marriages in the district and shall be responsible for carrying into execution in the district the provisions of th1s Act and the orders of the Chief ' Marriage Recorder issued from time to time for the purpose of this Act.
(3) Every Sub-Divis1onal Marriage Recorder shall without fee or reward.
enter into the register maintained for the purpose all information given to him under section - 7 or section - 8 and shall also take steps to collect information about every marriage which takes place m his local jurisdiction and record the particulars in the Marriage Register.
(4) The office of the Marriage Recorder shall remain open on such dates and at such hours as the Chief Marriage Recorder may direct. The name and designation of the Marriage Recorder along with his local jurisdiction should be displayed on the Board on or near the outer door of his office. The writing on the Board should be in local language.
Matn.,ye Rcportets 6 7
(1) The State Government may appou1t or des1gnate an Off1cer to be a Marnage Reporter ·
(1) for each Mun1c1pahty to be known as Mun1C1pa1 Marriage Reporter .
(11) for each Panchayat to be known as Panchayat Marriage Reporter (u1) for each Tehsll area 111 which lay no Mu111c1pa1,1y or Panchayal. to be known as Tehs11 Marnage Reporter
(2) Every Marriage Reporter shall be attached to and work Linder the supervision. direction and control of the Sub-D1vis1onal Marriage Recorder in charge of the respective Sub-Divis1on
(3) Every Marnage Reporter shall without fee or reward rece1ve and collect all111format1on about marriages which take place in the area of his work and send the same to the Sub-Divis1onal Marriage Recorder to whom he is attached or it there 1S no Sub-Divis1onal Marriage Recorder. to the D1strict Marriage Recorder in whose jurisdicition his area is situated The information shall be incorporated and transmitted in SlJCh form as may be prescribed
(4) The office of the Marriage Reporter in his area shall rema1n open on such dates and at such hours as the Chref Marnage Recorder may direct and every Marnage Reporter shall display on a Board on or near the outer door of the off1ce of the Marriage Reporter in the local language hrs mam designation and area of function as Marnage Reporter
(1)
(2)
CHAPTER-Ill PROCEDURE OF RECORDING All marriages solemnized under this Act shall be recorded in the manner provided hereinafter.
(a} The male partner to a marnage (if adult) shall and the female partner may within a period of sixty days from the date of his/her marriage-
(i) erther intimate orally about the marriage to the Sub Divisional Marriage Recorder or the Marnage Reporter having jurisdiction over the area in wh1ch the marriage was contracted or to such person or authorrty as may be prescribed . or
(ii) prepare and sign a memorandum rn Form A, obtarn signature/thumb impression of both lhe spouses (r f adult) and signature/thumb impression two witnesses of the I Loca lity w1th full address thereon and shall deliver 111 person or by reg istered post to the Sub-Divisional Marriage Recorder or Marnage Reporter having JllrtSd iCtlon over the area tn wh1ch the marnage was contracted Prov1ded that where the spouses or any of them were m1nor hts or her parent or guardian with whose consent the marnage was solemntzed shall be llal) le to comply w1th the proviston of this sub-sect16n and Form A shall be s1gned by the parent or the guard1an of the male or female partner
(b) In the case of oral 1nt1mation of marnage the Marriage Reporter or the Sub-D1v1S1ona l Marnage Recorder to whom the information is given shall duly fi ll in Form A and obtain thereon signature or thumb Impression of either of the spouses to the marriage and two witnesses.
(c) In case the oral mtimat1on about the marriage or the memorandum of marnage 1s g1ven directly to the Sub-Divisional Marriage Recorder. he shall make a copy of the memorandum of that marriag e and send the same to the appropriate Marriage Reporter within his jurisdiction for verification and report
(d) In the cases covered by Sub-Section (2) (a) above.
the Sub-Divisional Marriage Recorder shall acknowledge the marriage memorandum in Form 8 .
(3) The marriage Reporter shall on receipt of the memorandum g1ve to the person who delivers it or sends it by reg1stered post an acknowledgement in Form 8 .
(4) The marriage Reporter shall after necessary verif ication send the memorandum along with the report to the Sub-Divisional Marriage Recorder of the area concerned within a period of one month from the date of receipt
(5) No Sub-Divisional Marriage Recorder or Marriage Reporter shal l decline to receive any memorandum or decline to fill up the marriage memorandum as prescribed in sub-section (2) (b ) of th1s section on the ground tha t the marriage was contracted outside his local area.
(6) Where the Sub-Divisional Marriage Recorder or Marriage Reporter rece1pts a memorandum of marriage contracted outside his local area. he shall note the particulars in a separate register maintained for the purpose in such manner as may be prescribed and forthwith send the memorandum to the appropriate Sub Divisional Marriage Recorder of the local area in which the marriage was contracted
7. Every Sub Divisional Marriage Recorder shall maintain a register of marriages occurring in his area. On receipt of a memorandum of marriage solemnized within his jurisdiction he shall after making enquiries and ascertaining correctness of the information enter the particulars of the memorandum of marriage in that register.
8. Registrar of Marriages appointed under the Indian Christian Marriage Act, 1872, the Parsi Marriage and Divorce Act, 1936, Special Marriage Act, 1954, The Hindu Marriage Act, 1955 shall send periodically the extracts of registers of marriages maintained by them under the respective ACTs to the Sub Divisional Marriages recorder of the area concerned who shall make necessary entries in the register maintained by him.
*7A. Voluntary Registration of Marriage Persons married before the Act came into force and whose marriage has not been registered under any other Act may also record their marriages under this Act and time limit of sixty days shall not apply to such persons.
8. (1) Oral intimation or memorandum regarding any marriage as required under Sub-Section (2) of section 7 may also be submitted to the Sub Divisional Marriage Recorder or Marriage Reporter any time after the expiry of the period of sixty days on payment of **Such amount as may be prescribed.
(2) Provision of Sub section (2) to (7) of section 7 shall mutatis mutandis apply to a memorandum submitted under sub section ((1) ***(3) Whoever makes or verifies any statement in the memorandum of Marriage in FORM-A, which is False in any material particular, and which he or she knows or has reason to believe to be false, shall be punished with imprisonment of either description for a term which may extend to two months, or with fine which may extend to five thousand rupees, or with both.
9. (1) If it is proved to the satisfaction of the Sub-Divisional Marriage Recorder that any entry of the marriage in any register kept by him under this Act is erroneous in the form or in Substances or has been fraudulently or improperly made he may subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of correction or cancellation.
(2) No such correction or cancellation as referred to in sub-section
(1) shall be made unless the parties to the marriage or their parents or guardians or their legal representative, as the case may be, has been given a reasonable opportunity of showing cause against the action proposed to be taken.
*Inserted by 1st Amendment Act (w.e.f 9th October, 2013) **Substituted by 1st Amendment Act (w.e.f 9th October, 2013) ***Inserted by 1st Amendment Act ( w.e.f 9th October, 2013) Memorandum of marriage submitted after sixty days Correction or cancellation of entry in the register of marriage [ ] * [ ] * [ ] * Inserted by Amendment Act,2013 vide Gazette Notification dated 9th October, 2013 * Marriag~s not validared.
10 No marriage requ1red to be recorded under th1s Act shall be deemed to be invalid by reason of the fact that it was not recorded under this Act or that the memorandum was not delivered or sent to the Sub-D1v1sional Marriage Recorder or Marnage Reporter or tha_t such memorandum was in-effective irregular and incorrect ~ H f.. f ''!:. !-' -F Maintenance of Records and StatistiCS Marriage Recorders 11 to keep register in 1/Je prescrtbed form.
( 1) Every Sub-Divisional Marnage Recorder shall keep in the prescnbed form a register of marriages for the local area in relation to which he exercises jurisdiction.
(2) The Chief Marriage Recorder shall cause to be printed and supplied sufficient number of reg1ster books for making entries of marriages according to such forms and instruction as may from time to time be prescribed. and a copy of such forms in the local language shall be posted in some conspicuous place on or near the outer door of the office of every Sub-Divisional Marriage Recorder.
Inspection of recordmg offices.
12 The office of the Sub-Divisional Marnage Recorder shall be inspected and the register kept therein shall be examined by the Chief Marriage Recorder or the District Marriage Recorder at such intervals as may be prescribed.
Marriage Recorders 13 to send periodical returns to Chief Marriage Recorder for compila tion.
(1) Every Sub-Divisional Marriage Recorder shall send to the D1strict Marriage Recorder, Chief Marriage Recorder 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 Recorder.
(2) The Chief Marriage Recorder shall cause the information in the return furnished by the Sub-Divisional Marriage Recorder to be compiled and • shall publish for the information of the public a statistical report on marriages recorded during the year at such intervals and in such form as may be prescribed.
(3) Every marriage recorded under this Act shall be prasumed to be valid marriage unless and until the contrary is proved (4} The Register of Marriages maintained under this Act shall at all reasonable time be open to 1nspection and a certificate rn Form ·c· shall be given to the party concerned or any person authonzed by them on payment of such fee as may be prescribed.
Power of M :1 111i1gr!
Recor<ler to OlltoJ i u fulor~naeion rog.'ll(/lllg uJariages.
M11rriage Recorders & Marriage Reporters to be detnned to be pulllic $CfVanrs_ Delegalion ol Powers.
Protection of action take11 in good tail/1.
Powet of State Government to make rule.
CHAPTER-V Miscellaneous 14 A Marnage Recorder may either orally or 1n wnt1ng requ1re any person to fLJrnish any 1nformation w1th1n his knowledge 1n connectton w1th marnages 1n the locality within which such person res1des and that person shall be bound to comply with such requ1s1tion 15 (1) Any person aggneved by or dissat1Sf1ed w1th an order decision or action of the Sub-D1vts1onal Marnage Recorder may within a period of s1xty days from the date of such order. deCISIOn or actJon file an appeal to the District marriage Recorder on payment of such fee as may 't;>e prescribed
(2) Afly person aggrieved by or d1ssa11sfred w1th an order decision or action of the Sub·DivJSIOnal Marnag·e Recorder may file an appeal to the Ch1ef Marnage Recorder w1thin a period of s1xty days from the date or such decision. order or action on payment or such fee as may be prescribed
16. The Chief Marriage Recorders. the D1stnct Marnage Recorders the Sub-Divisional Marriage Recorders and Marnage Reporters shall. while acting or purporting to act 1n pursuance of the provisions of this Act or any rule or order made thereunder be deemed to be public servants w1thin the meaning of sect1on 21 of the lndtan Penal Code.
17 The State Government may. by notification in the Offic1al Gazette direct that any power exercisable by it under this Act (except the power to make rules under section 19) or the rules made thereunder shall. subject to such conditions. if any as may be speci fied in the direction. be exercisable also by such officer or authority subordinate to the State Government as may be specified in the direction
18. No suit. prosecution or other legal proceedings shall lie against the State Government, Chief Marriage Recorder, District Marriage Recorder. and Marriage Recorder or any person exerc1s1ng any power or pertorm1ng any duty under this Act for anything which is in good faith done or intended to be done in pursuance of thiS Act or any rule or order made thereunder 19 ( 1) The State Government may by notification in the official Gazette, make rules to carry out the purposes of this Act Powet to r e1nove di/ficuUies.
121 In partiCular and w1thout preJud1ce to the generality of the lorego1ng provision such rules may provtde for - . a 1 the preparation and submission of report under sub-sectton (3) of section 4 .
i b) the person or authority who shall be empowered to rece1ve the memorandum under sub-section
(2) of sectiOn 7 tCi condit1ons and Circumstances for correction of errors and cancellation of entries in the marnage register under section 9 .
(d) the form of reg1ster of marriages to be kept under sub-section (2) of section 11 :
(e) the forms and instructions for the purposes of sub-section (2) of section 11 ;
(f\ the intervals within which the Chief Marriage Recorder shall inspect the office of Marriage Recorder and examine registers kept therein under section 12 :
(g) the intervals at which and the form in which the returns and statistical reports under section 13 shall be furnished and for the publication thereof 20 If any difficulty arises in giv1ng effect to the prov1s1ons of t111s Act in their application to any area. the State Government may by order make such prov1S1ons or give SLtCh directions not inconsistent with the provisions of this Act as appears to the State Government to be necessary or exped1ent for removing the difficulty.
A. 8 . Paul Secretary, Government of Tripura KFORM-A [See Section 7(2)] MEMORANDUM OF MARRIAGE
1. Date of Marriage
2. Place of Marriage (with sufficient particulars to locate the same)
3. {a} Fullname of the bridegroom
(b) His age (c} Address {i) Present Address
(ii) Permanent Address
(d) Name of his father
(e) Name of his mother Affix joint passport size photographs of spouses {f} Status of the bridegroom at the time of marriage (Unmarried/ Widower/ Divorcee/ Married)
(g) Occupation of bridegroom
(h) His religion at the time of marriage
4. (a) Full narne of the bride
(b) Her age
(c) Address
(i) Present Address {i) Permanent Address % Substituted by AmendmentAct, 2013 vide Gazette Notification dated 9th October, 2013 0, {d) Name of her father {e} Name of her mother {f} Status of the bride at the time of marriage (Unmarried/ Widow/ Divorcee/ Married)
(g) Occupation of bride (h} Her religion at the time of marriage Form of Marriage By performing Social religious (give tick mark to ihe appropriate form) rites recognized by Hindu, Christian, Muslim etc. religion/
5.
by registration under special Marrlage Act.
Signature/ Ihumb impression of the female Signature/ thumb impression of partner or her parents or quardian in case the male partner of the marriage she has not completed eighteen (18) years or his parents or guardian in ofaag. case he has nat completed twenty-one (21) years of Age
6. Witnesses for the Groom: Witnesses for the Bride:
1. (a) Signature {a} Signature
(b) Name (b) Name {c) S/O, D/O, WIO {c) S/O, D/O, WO
(d) Full Address {d} Full Address {e) Relationship, if any (e) Relationship, if any {b) Name {b} Name
(c) S/O, D/O, WO (e) S/O, D/O, WO {d) Full Address {d) Full Address
(e) Relationship, if any __--- (e) Relationship, if any _ Declaratlon 1, Shri and I, Smt do hereby jointiy declare that the marfiage was periormed with our consent; and that 0 our knowledge, our marriage was not barred by any law in force al Ihe time 0f our marriage. We also declare that al information furnished hereinabove are correct.
Signature or left inumb impression of:
Groom Bride Note : Before signing the Memorandum the signatory should satisty himself / herself that ine entries in the Memorandum are correctin allrespects.
FORM --B ( See Sechon Fi2}d) and 7(3) ) ACKNOWLEDGEMENT Received from Resident of A Memorandum of the Marriage coniracted between the bridegraom the son of Shri ..
andbride the daughter of CF1 Name, designation and full address of the person or authority receiving the Memorandum.
Date Place FORN-G [Sae Section 13(4)) Gerificate of Marriage joint passpor size ot spouses This is to cerlify that folowing parliculars about the marriage between the parties mentioned below have been recorded in ihe marniage register maintalned in this office as on [This cerificate Is a prima facie proof of marriage)
1. (a} Fullname ofthe husband [b) Hisaddress (ch Name olhis father' quardian (di Name ofhis mother' guardian
2. (a} Fuliname ofthe wis {b) Her address {c) Name ofher lather/ quardian {di Name of her mother' guardian1 3, Dale of Märrlage 4, Place ofMarriage
5. Form of marriage (Reiiglon custom eto,) Signature & desionation OHhe Marhage Recorder Sianature or left thumb Impression Bride m NB: Form-C substituted by 1st Amendment (w.e.f 9th October, 2013) * Substituted by Amendment Act, 2013 vide Gazette Notification dated 9th October, 2013 * 01541f2d47539e2febf43ca38e6d110fcb3519a6fb2dd4e773f8f2bed8079ddb.pdf a523d10b990dffe17d824fa50442c21bf771bd95cfe803e5ac2ec7e5fcc827c7.pdf ec2e5ed3eb6681f8225c6f23d1f10fd1a2e9b8710ec152e5fed2a68c5fc14401.pdf 81767d0d43731e47c52b78ef33b5b235dcecd081dc3e1202f44bdad593bc877e.pdf 422673039f1fc5a65bb0d478426622e9949b0e1746608bf7ffd07685d4bc1229.pdf 81767d0d43731e47c52b78ef33b5b235dcecd081dc3e1202f44bdad593bc877e.pdf 81767d0d43731e47c52b78ef33b5b235dcecd081dc3e1202f44bdad593bc877e.pdf 422673039f1fc5a65bb0d478426622e9949b0e1746608bf7ffd07685d4bc1229.pdf 01541f2d47539e2febf43ca38e6d110fcb3519a6fb2dd4e773f8f2bed8079ddb.pdf a523d10b990dffe17d824fa50442c21bf771bd95cfe803e5ac2ec7e5fcc827c7.pdf a305614c8a46bc6759e05772e2bd55c9a1fc925f81add6de10e8b2bb33e93486.pdf 4ea4f7ed44c4d6f8b6f8495ba36053ddee2ec190fcd13ac5cf0ab96b226b2a95.pdf dae1186a44e061deb1b790e63db8dacc1ed04ae0548a505135501ed14934c490.pdf