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3 years 5 months ago #844

ACTS AND RULES: OTHER ACTS
SPECIAL MARRIAGE (KARNATAKA) 1RULES, 1961

NOTIFICATION
No. HD. 13MCIM 59(1), dated Bangalore 2nd May 1961 (Vaisakha 12, Saka Era 1983).

In exercise of the powers conferred by Sec. 50 of the Special Marriage Act, 1954 (Central Act. 43 of 1954) the Government of Karnataka hereby makes the following Rules:-

1. 1) These Rules may be called the Special Marriage Karnataka Rules, 1961.

2) They shall extend to the whole of the State of Karnataka.

2. In these Rules :-

a. Act means the special Marriage Act, 1954 (Central Act 43, of 1954)

b. Form means a form appended to these Rules;

c. Section means a section of the Act.

3. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.

4. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.

(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.

(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be

1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.

bound volume, the pages of which are machine numbered consecutively with a nominal index attached. If the notice is not in conformity with the requirements of the Act, it shall be got rectified by the parties if they are present or returned to them by post for rectification and retransmission within a date to be fixed. Every item of rectification shall be attested by both the parties.

(4) The marriage officer may for purpose of satisfying himself that the parties of the intended marriage have attained the age specified in clause (c) of section, 4, require them to produce their Birth Certificate or other satisfactory evidence of age.

5) A true copy of the notice under the seal and signature of the Marriage officer shall be exhibited in a conspicuous place in his office.

6) (1) Where an objection to the solemnization of an intended marriage together with the fee prescribed in rule 10 has been received and recorded by the Marriage Officer, he shall, unless by an order in writing rejects the objection summarily on the ground that the objection is not based on contravention of any of the conditions specified in sec. 4, enquire into the objection on a day to be fixed by him. The day so fixed shall not be later than thirty days from the date of the objection.

(2) The Marriage officer shall, at the time of recording the objection, ascertain from the objector whether he has any documents on which he relies or whether he desires any witness or witnesses to be examined on his behalf. If the objector states that he has, the Marriage officer shall require the objector to produce the documents or the witnesses on the day fixed for the enquiry. If the objector desires that summons shall be issued to the witnessee to appear and give evidences or to produce any document, the Marriage officer shall issue such a summons to the witnesses cited, on payment of the process fee prescribed therefor in rule 10 and the reasonable expenses of travelling and subsistence allowance to the witnesses. The enquiry relating to the objection including the production of documents and the examination of witness shall be completed and the decision of the marriage officer arrived at within the period of thirty days specified in section 8. If, within the prescribed period the documents are not produced and the witnesses do not appear before the marriage officer, the marriage officer shall take a decision without waiting for the production of such documents or the appearance of such witnesses.

(3) The marriage Officer shall also give notice of the date and time fixed for the enquiry to the parties to the intended marriage.

(4) The notice or summons to any party or witness under this rule shall be in Form I or Form II, as the case may be and shall be sent by registered post therefor.

(5) On the date fixed for the enquiry or an any adjourned date, the marriage officer shall record in his own hand the evidence given in the course of the enquiry, his decision on the objection and the reasons therefor.

7) (1) An application under sec. 16 for the registration of a marriage celebrated in other forms shall be in Form III.

(2) Such application shall be presented to the Marriage officer by any one of the parties in persons or sent to him by registered post.

(3) Notice of the application under sub-rule [1] shall be given by the Marriage Officer by exhibiting a true copy thereof under his seal and signature in a conspicuous place outside his office. The notice also shall state that objections, if any, to the registration of the Marriage should be preferred by the objector in person orally or in writing to the Marriage Officer within thirty days from the date on which the notice is exhibited.

(4) Any objection received with in the said period together with the fee prescribed therefor in rule 10 shall be recorded and the enquiry in respect thereto made as nearly as possible in the manner prescribed in rules 6.

8) The Marriage Officer may, on application by both the parties to the marriage, solemnize the same at any place outside his office provided the additional fee prescribed therefor in rule 10 is paid and the hour is not unreasonable.

9) The Marriage Certificate Book shall be a bound volume the pages of which are machine numbered consecutively with a nominal index attached. Every marriage certificate entered therein during each calendar year shall be consecutively numbered and every authenticated copy of a certificate issued to the parties shall bear the number and the date, month and year in which the certificate was entered.

10) The following fees shall be levied by the Marriage Officer :-

Rs. ps
(i)
for every notice of intended marriage or application for the registration of a marriage (to be paid by the parties to the Marriage)

3-00
(ii) for recording an objection (to be paid by the objector) 2-00
(iii) for every enquiry into an objection (to be paid by the objector) 50-00
(iv)
for every notice and for every summons to a witness to appear and give evidence or produce a document [to be paid by the objector]

0-50
(v)
for solemnizing or registering a marriage [to be paid by the parties to the marriage]

10 - 00
(vi)
for a certified copy of an entry:-
a) in the Marriage Notice Book other than an entry relating to an objection; or
b) in the Marriage Certificate Book (to be paid by the applicant)



2 - 00

(vii)
for a certified copy of an entry in Marriage Notice Book other than a notice or any other proceeding not already provided for (to be paid by the applicant.

2 - 00
(viii)
for solemnizing a marriage at any place outside the office of the Marriage officer in addition to the fee in entry (v) (to be paid by the parties to the marriage)

Note:- This fee may be appropriated by the Marriage Officer no travelling allowances shall, however, be claimed in addition.



15 - 00

(ix)
for making a search (to be paid by the applicant):-
(a) If the entry is of the current year
(b) If the entry related to any previous year or years (for each such year)

The fees prescribed above shall be paid either in person or remitted by money order to the Marriage Officer.

A receipt duly signed by the Marriage Officer shall be issued for all fees received by him under the Act and the Rules. The receipt books shall be bound volumes of one hundred leaves each with folios and counter foils which shall be machine numbered consecutively. All money received by the marriage Officer except the fee mentioned in entry (viii) above shall be remitted into the local treasury.


0-50
1-00

11. Copy of entries in the Marriage certificate Book which Marriage Officer are required to send under section 48 to the Registrar-General of Births, deaths and Marriages shall be certified in Form IV and shall be sent at intervals of three months on or as early as possible after the 1st of January, April, July and October in each year. If no entries have been made in the book during the proceeding three months, a nil certificate shall be sent to the said Registrar General.

12. The Bombay Special Marriage Rules, 1955, as in force in the Bombay area, the Coorg Special Marriage Rules 1955 as in force in the Coorg District, the Hyderabad special Marriage Rules, 1955 as in force in the Hyderabad area, the Madras Special marriage Rules as in force in the Madras Area and the Mysore special Marriage Rules, as in force in the Mysore area, as hereby repealed :

Provided that the provisions of Section 6 of the General Clauses Act, 1897, (Central Act of 1897), shall be applicable as regards the effects of the repeal of the said rules:

Provided further that anything done or any Action taken under the said rules shall be deemed to have been done or taken under the corresponding provisions of these rules :

Form i

See. Rule 6 (4)

notice

(Place)

Before the Marriage Officer in the matter of the special Marriage Act 1954.

In the matter of the intended Marriage between.

between : Application to register the Marriage

AB

and

CD (Give names and Address)

and

EF

OBJECTOR

To.............................

whereas notice of an Intended marriage an application for the registration of the marriage between AB and CD was received by the Marriage Officer on.....................

Whereas EF has preferred certain objections (Setout overleaf) to the Solemnization of the marriage; whereas the Marriage Officer ................. registration.

Will hold an enquiry into the matter of the said objections on ...................... day of ......................19...................... A.M./P.M on the said day together with all documents on which you relay and any witness or withnesses whom you may desire to be examined on your behalf.

Take notice that in default of your appearance on the aforesaid day, the inquiry will be made and decided in your absence.

(Set-Out the objections on the reverse of this notice) should you apprehend that your witness will not attend unless summoned by the Marriage Officer, you should apply to the Marriage Officer for the issue of such summons sufficiently early together with the prescribed process fee and the reasonable expense of travelling and subsistence allowance of the witness.

Given under my hand and seal

Station :

Date : Signature

Marriage Officer (Seal)

Form II

(see. Rule 6 (4)

Summons to Witness

Before the Marriage Officer .......................... (place) in the matter of the Special Marriage Act, 1954, and in the matter of the intended Marriage between/application to register the Marriage between :

AB

CD (Give names and addresses)

and

EF

objector

To

...............................................

whereas your attendance is required to give evidence on behalf of ................................. in the above matter, you are here by required to appear personally before me or to cause to be produced before me the document specified hereunder on the ........................... day of ......................19 A.M/P.M. A sum of Rs. ....................................... being your travelling and other expenses for one day is herewith sent.

If you fail to comply with this summons without lawful>

Take notice that in default of your appearance on the aforesaid day, the inquiry will be made and decided in your absence.

Given under my hand and seal.

Station : (Seal) Marriage Officer.

Date :

FoRm III

( See. Rule 7 (1) )

Application for Registration of a Marriage Under Sec. 15 of The Special Marriage Act, 1954 (Central Act 43 of 1954)

1. Name of the parties AB[husband]

2. Age or date of Birth CD (wife)

Husband.

Wife

3. Permanent dwelling place, if any,

4. Present dwelling place.

5. Relationship, if any, of parties before marriage.

6. A ceremony of marriage was performed between AB and CD on ............. at ....................and AB declare that we have been living together as husband and wife ever since the date noted above.

We hereby declare that:-

(i) Neither of us has more than one spouse living on the date mentioned in this application.

(ii) Neither of us, is an idiot or lunatic.

(iii) Both of us have completed the age of twenty one years on the date of this application.

(iv) We are not within the degree of prohibited relationship; our marriage was celebrated before the commencement of the Special Marriage Act, 1954 (Central Act 43 of 1954) and according to law, custom or usage having the force of law, governing each of us, a marriage between us is permitted, though we are within the degrees of prohibited relationship according to the act as aforesaid.

NOTE : Score out whichever is not applicable.

(v) We have been residing within the jurisdiction of .............................Marriage Officer at .................... for a period of not less than thirty days immediately preceeding the date of this application.

We also declare that all the above particulars are true to the best of our knowledge and belief.

Station :

Date : Signature.

FORM IV

FORM OF CERTIFICATE

Certificated that the above entries from the marriage certificate Book in this office bearing serial No. ....................................are true copies of all the entries in the Marriage Certificate Book kept by me for the three months ending.

or

Certified that no entries have been made in the Marriage Certificate book in this office during the three months ending....................................

Signature

Marriage Officer.

By Order and in the Name of the Governor of Karnataka.

Sd/-

Under Secretary to Government

Home Department

hree months - Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by section 5, or where an appeal has been field under sub-section (2) of section 8, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the Central Government under section 10, within three months from the date of decision of the Central Government, the notice and all other proceedings arising there from shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act.
TOP

CHAPTER III

Registration of Marriages Celebrated in Other Forms

15. Registration of marriages celebrated in other forms -Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872, (III of 1872) or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely :-

(a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since;

(b) neither party has at the time of registration more than one spouse living;

(c) neither party is an idiot or a lunatic at the time of registration.

(d) the parties have completed the age of twenty-one years at the time of registration;

(e) the parties are not within the degrees of prohibited relationship:

Provided that in the case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and

(f) The parties have been residing with the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

16. Procedure for registration -Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter, theMarriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received with that period, shall, if satisfied that all the conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.

17. Appeals from orders under section 16 -Any person aggrieved by any order of a Marriage Officer refusing to register a marriage under this Chapter may, within thirty days from the date of the order, appeal against that order to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer to whom the application was made shall act in conformity with such decision.

18. Effect of registration of marriage under this Chapter : Subject to the provisions contained in sub-section (2) of section 24, where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the Marriage Certificate Book) shall in all respect be deemed to be and always to have been the legitimate children of their parents :

Provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this Act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents.

CHAPTER IV

CONSEQUENCES OF MARRIAGE UNDER THIS ACT

19. Effect of marriage on member of undivided family :The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family.

20. Rights and disabilities not affected by Act - Subject to the provisions of section 19, any person whose marriage is solemnized under this Act shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 (21 of 1850) applies.

21. Succession to property of parties married under Act -Notwithstanding any restrictions contained in the Indian Succession Act, 1925 (39 of 1925) with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this section that Act shall have effect as if Chapter III of Part V (Special Rules for Pursi Intestate) had been omitted therefrom.

21A. Special provision in certain cases - Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu, Buddhist, Sikh or Jaina religion, section 19 and section21 shall not apply and so much of section 20 as creates a disability shall also not apply.

CHAPTER V

MISCELLANEOUS

x x x x x

43. Penalty on Married person marrying again under this Act- Save as otherwise provided in Chapter III, every person who, being at the time married, procures, a marriage of himself or herself to be solemnized under this Act shall be deemed to have committed an offence under section 494 or section 495 of the Indian Penal Code (45 of 1860), as the case may be, and the marriage so solemnized shall be void.

44. Punishment of bigamy - Every person whose marriages is solemnized under this Act and who, during the lifetime of his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code (45 of 1860), for the offence of marrying again during the lifetime of a husband or wife, and the marriage so contracted shall be void.

45. Penalty for signing false declaration or certificate- Every person making, signing or attesting any declaration or certificate required by or under this Act containing a statement which is false and which he either knows or believes to be false or does not believe to the true shall be guilty of the offence described in section 199 of the Indian Penal Code (45 of 1860).

46. Penalty for wrongful> Any marriage officer who knowingly and wilfully solemnizes a marriage under this Act-

(1) without publishing a notice regarding such marriage as required by section 5, or

(2) within thirty days of the publication of the notice of such marriage, or

(3) in contravention of any other provision contained in this Act.

Shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

47. Marriage Certificate Book to be open to inspection - (1) The Marriage Certificate Book kept under this Act shall, at all reasonable times, be open for inspection and shall be admissible as evidence of the statements therein contained.

(2) Certified extracts from the Marriage Certificate Book shall, on application be given by the Marriage Officer to the applicant on payment by him of the 1prescribed fee.

48. Transmission of copies of entries in marriage records :-Every Marriage Officer in a State shall send to Registrar - General of Births, Deaths and Marriages of that State at such intervals and in such form as may be prescribed, a true copy of all entries made by him in the Marriage Certificate Book since the last of such intervals, and , in the case of Marriage Officers outside the territories to which the Act extends, the true copy shall be sent to such authority as the Central Government may specify in this behalf.

49. Correction of errors -(1) Any Marriage officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married or in case of their death or alience in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration f the original entry and shall sign the marginal entry and add there to the date - alternated of such correction and the Marriage Officer shall make the like marginal entry in the Certificate thereof.

(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.

(3) Where a copy of any entry has already been sent under section 48 to the Registrar - General or other authority, the Marriage Officer shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made.

1. Stamp duty exempted to issue copy of extract certified to be true copy. Please see statutory exemption granted in Article 21 of the schedule to the Karnataka Stamp Act, 1957.

THE FIRST SCHEDULE

[See section 2(b) Degrees of Prohibited relationship]

PART - 1

1. Mother

2. Fathers Widow (Step-Mother)

3. Mothers mother

4. Mothers Fathers widow (Step grand-mother)

5. Mothers mothers mother

6. Mothers mothers fathers widow (Step great grand-mother)

7. Mothers fathers mother

8. Mothers fathers fathers widow (step great grand - mother)

9. Fathers mother

10. Fathers Fathers widow (Step grand-mother)

11. Fathers mothers mother

12. Fathers mothers fathers widow (step great grand-mother)

13. Fathers fathers mother

14. Fathers fathers fathers widow (step great grand-mother)

15. Daughter

16. Sons widow

17. Daughters daughters.

18. Daughters Sons widow

19. Sons daughter

20. Sons Sons widow

21. Daughters daughters daughter

22. Daughters daughters sons widow

23. Daughters sons daughter

24. Daughters sons sons widow

25. Sons daughters daughter

26. Sons daughters sons widow

27. Sons Sons daughter

28. Sons sons sons widow

29. Sister

30. Sisters daughter

31. Brothers daughter

32. Mothers sister

33. Fathers sister

34. Fathers brothers daughter

35. Fathers sisters daughter

36. Mothers sisters daughter

37. Mothers brothers daughter

Explanation :- For the purposes of this Part, the expression Widow includes a divorced wife.

PART - II

1. Father

2. Mothers husband (step-father)

3. Fathers father

4. Fathers mothers husband (step grand-father)

5. Fathers fathers father

6. Fathers fathers mothers husband (step great grand-father)

7. Fathers Mothers father

8. Fathers mothers mothers husband (step great grand-father)

9. Mothers father

10. Mothers mothers husband (step grand-father)

11. Mothers fathers father

12. Mothers fathers mothers husband (step great grand-father)

13. Mothers mothers father

14. Mothers mothers mothers husband (step great grand-father)

15. Son

16. Daughters husband

17. Sons son

18. Sons daughters husband

19. Daughters son

20. Daughters daughters husband

21. Sons sons son

22. Sons sons daughters husband

23. Sons daughters son

24. Sons daughters daughters husband

25. Daughters sons son

26. Daughters sons daughters husband

27. Daughters daughters son

28. Daughters daughters daughters husband

29. Brother

30. Brothers son

31. Sisters son

32. Mothers brother

33. Fathers brother

34. Fathers brothers son

35. Fathers sisters son

36. Mothers sisters son

37. Mothers brothers son.

Explanation :- For the purposes of this Part, the expression husband includes a divorced husband.

THE SECOND SCHEDULE

(See Section 5)

NOTICE OF INTENDED MARRIAGE

To

Marriage Officer for the .................................................. District.

We are hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.

Name

Condition

Occupation

Age

Dwelling Place

Permanent Dwelling Place if dwelling Place not permanent

Length of residence

A.B. Unmarried
Widower
Divorcee
CD. Unmarried
Widow
Divorcee

Witness our hands this .................................................. day of ........................20......

(Signature) A.B.

(Signature) C.D.

THE THIRD SCHEDULE

(See Section 11)

DECLARATION TO BE MADE BY THE BRIDEGROOM

I, A.B., hereby declare as follow :-

1. I am at the present time unmarried (or a widower or a divorcee, as the case may be).

2. I have completed.............. years of age.

3. I am not related to C.D. (the bride) within the degrees of prohibited relationship.

4. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(Signature) A.B.(the Bridegroom)

DECLARATION TO BE MADE BY THE BRIDE

I, C.D., hereby declare as follows :-

1. I am at the present time unmarried (or a widow or a divorcee, as the case may be)

2. I have completed..........years of age.

3. I am not related to A.B. (the bridegroom) within the degrees of prohibited relationship

4. I am aware that, if any statement is this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(Signature) C.D. (the Bride).

Signed in our presence by the above-named A.B. and C.D. so far as we are aware there is no lawful>

(Signature) G.H.

(Signature) I.J. Three witnesses.

(Signature) K.L.

Countersigned E.F.,

Marriage Officer.

Dated the ............................................... day of ................................... 20.........

THE FOURTH SCHEDULE

(See section 13)

CERTIFICATE OF MARRIAGE

I, E.F., hereby certify that on the ........................... day of .................... 20............, A.B. and C.D. * appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by section 11 and that a marriage under this Act was solemnized between them in my presence.

(Signature) E.F.,

Marriage Officer for

(Signature) A.B.,

Bridegroom

(Signature) C.D.,

Bride

(Signature) G.H.

(Signature) I.J. Three witnesses

(Signature) K.L.

Dated the ................................................... day of ............................... 20.......................

* Herein give particulars of the parties.

THE FIFTH SCHEDULE

(See Section16)

CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS

I, E.F., hereby certify that A.B. and C.D.* appeared before me this...............................day of ......................... 20.............. and the each of them, in my presence of three witnesses who have signed hereunder have declared that a ceremony of marriage has been performed between them and that they have been living together as husband and wife since the time of their marriage, and that in accordance with their desire to have their marriage registered under this Act, the said marriage has, this............. day of .......................................... 20.......................... been registered under this Act, having effect as from.

(Signature) E.F.,

Marriage Officer for

(Sd.) A.B.,

Husband

(Sd.) C.D.

Wife

(Sd.) G.H.

(Sd.) I.J. Three witnesses

(Sd.) K.L.

Dated the.................................................. day of ..................... 20................

* Herein give particulars of the parties.

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More
3 years 5 months ago #845

FAQ-Registration of Marriage in Karnataka :-

Q 1 What are the advantages of registration of marriage?

(i) Certificate of marriage is a document, which provides valuable evidence of marriage;

(ii) Certificate of marriage is a document providing social security, self-confidence particularly among married women;

(iii) Certificate of marriage is useful in getting the visa for the wife/husband.

iv) It will be helpful in claiming the Bank deposits or Life Insurance benefits when the depositee or the Insurer dies without a nomination or otherwise.

Q 2 What are the laws under which marriages are registered in Sub Registry or District Registrar Offices?
Marriages are registered under the following Acts:
1. Hindu Marriage Act, 1955,
2. Special Marriage Act, 1954,
3. Parsi Marriage and Divorce Act, 1936
Q 3 Where the marriages are to be registered?

1. Marriages under Hindu Marriage Act can be registered in the office of the Registrar of Marriage within the jurisdiction of which the marriage has taken place or in the office of Marriage Officer in whose jurisdiction the bride or bride-groom resides;

2. Marriage under Special Marriage Act can be registered in the office of the Marriage Officer in whose jurisdiction bride or bridegroom resides;

3. Marriage under Parsi Marriage Act may be registered in the Office of the District Registrar in whose jurisdiction the marriage takes place.

Q 4 Where the Office of the Marriage is situated and who is the Marriage Officer?

Sub Registrar who register documents relating to immovable property are also the Marriage Officer. The offices are usually located in Taluk Head Quarters/District Head Quarters/In few places in the Hobli Head Quarters.

In Bangalore city Office of the Marriages/Registrar of Marriages is located in different places. District Registrars are Registrars of Marriages under Parsi Marriage Act and their Offices are situated in all District Headquarters. Click here for details.

Q 5 To whom Hindu Marriage Act 1955 applies?

It applies to Hindu, Buddhist, Brahma, Parthana and Arya samaj. It does not apply to Muslim, Christian, Parsi or Jew Communities. But it applies to those who follow Hindu religious customs.

Click here for details

Q 6 To whom Special Marriage Act 1954 applies?
It applies to all irrespective of religion, caste, language.
Q 7 To whom Parsi Marriage applies?
It applies to Parsies and Zoroastrians.
Q 8 What should be the age of bridegroom and bride at the time of marriage?
Bridegroom must have completed 21 years age and bride 18 years.
Q 9 Are there any restrictions for registration of marriages?

Following are the restrictions under Hindu Marriage Act, 1955 and Special Marriage Act, 1954:

1.1(a) Bridegroom or bride who desire to marry should not have married wife / husband;

(b) Bridegroom or bride who cannot voluntarily give consent for marriages owing to mental illness are not eligible for marriage;

(c) Marriage of those who are capable of giving consent for marriage but (d) incapable of getting child owing to unsound mind cannot be solemnised nor be registered;

(d) Those suffering from insanity are ineligible for solemnisation of marriage;

(e) Those who are within degree of prohibited relationship are ineligible for marriage provided they can marry if it is permitted according to the usage of custom or usage governing such persons;

1.2. Bridegroom and bride who are descendants up to 5 generation from mother's side or father's side cannot marry (They are called Sapindas).

II. Restrictions under Parsi Marriage Act 1936 are as follows:

Bride and Bridegroom should not be related within the degree of prohibited relationship mentioned in schedule I of the Act.

Q 10 How to register marriage?

A. Registration under Hindu Marriage

a) Application for marriage filled in prescribed form with name and address of bridegroom and bride, signature of bride and bridegroom, signature of 3 attesting witness present at the time of marriage along with their name and address, joint photo of bride and bridegroom with signature over such photo should be presented to the Registrar of Marriage.

b) Marriage officer will verify the contents of the application and records. He will issue certificate of marriage if he is satisfied that the records produced are in accordance with law.

Click here to download marriage forms

B. Solemnization under Special Marriage Act, 1954

1. Bridegroom and bride should give notice of intended marriage 30 days in advance of solemnisation along with prescribed fees. They must have lived continuously for not less than 30 days within the jurisdiction of marriage officer before giving the notice.

2. If no objections are received within 30 days from the date of notice of intended marriage, bridegroom and bride should appear before the Marriage Officer within next 60 days after lapse of 30 days from such notice along with three witnesses for solelmnisation of the Marriage. Marriage Officer after following procedure prescribed under act and rules will solemnsie the marriage. If marriage is not solemnised within 90 days from the date of notice fresh notice has to be issued.

3. Marriage Officer will administer oath in the prescribed form and solemnise marriage and issue certificate of marriage.

4. Bridegroom and bride and three witnesses shall sign the declaration and the certificates of marriage.

C. Registration under Parsi Marriage and Divorce Act, 1936:

Parsi priest solemnises marriage. He will obtain signature of bridegroom and bride and two witnesses present at the time of marriage in prescribed form and issue certificate of marriage. This certificate will be sent to Registrar of Marriage (District Registrar) along with prescribed fee. Registrar of marriage will record in the prescribed register.

Q 11 What is the time limit for registration of marriage?
Marriage under Hindu or Parsi Marriage Act can be registered any time after marriage. There is no time limit.
Q 12 Is it possible to solemnize marriage under Special Marriage Act in place other than that of office of Marriage Officer?
If the place is within the jurisdiction of marriage officer to whom notice of intended marriage is given, it may be solemnised in such other place.
Q 13 Can the marriage already held according to the religious custom be registered under Special Marriage Act? If so how to get it registered?

Application duly filled in should be given in prescribed form in duplicate under Section 16 of the Special Marriage Act 1954 along with prescribed fee to the marriage officer. If there are no objections marriage officer will register the marriage after 30 days if the husband and wife appear along with 3 witnesses subject to following conditions:

1. They should have married and must be living together since then;

2. At the time of marriage any of them should not have more than one living wife or husband;

3. Any of them should not be idiot or lunatic at the time of registration of marriage;

4. Husband and wife should have completed age of 21. They should not be within the degree of prohibited relationship described in schedule I of the Act;

6. Husband and wife should have lived for a period not less than 30 days within the jurisdiction of marriage officer;

Q 14 What are the objections to refuse registration of marriage? Is there provision to appeal if registration is refused? If so to who appeal lies?
If the conditions noted in question 9 and 13 are not fullfilled marriage officer may refuse the registration of the marriage. Appeal may be submitted to District judge within 30 days of such refual.
Q 15 What is the fee to be paid for registration of marriage?

1. No fee is prescribed for registration of marriage under Hindu Marriage Act. Fee for application is Rs.5 and fee for certified copy is Rs.10.

2. Under Special Marriage Act, fee for solemnization of marriage is Rs.10, Rs.15 extra for solemnization in place other than office. Fee for notice of intended marriage is Rs 3. Fee for certified copy of certificate of marriage is Rs.2

3. Under Parsi Marriage Act, fee for certified copy of certificate of marriage is Rs.2.

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3 years 5 months ago #846

A Marriage Certificate is a significant document that offers proof of marriage. It is particularly necessary for married women for a number of purposes like applying for passport, applying for visa in another country, claiming bank deposits or insurance benefits in case of death of the spouse without a nomination, etc.

The state government of Karnataka is on the verge of making marriage registration compulsory in the state. In India, marriage registration is done according to the Hindu Marriage Act, 1955 or Special Marriage Act, 1954.

Eligibility for application for Certificate of Marriage in Karnataka

Bridegroom must have completed 21 years of age
Bride must have completed 18 years of age
Documents needed for application of Certificate of Marriage in Karnataka

The following documents are needed in original and photocopy form to be submitted along with the application form for the marriage certificate.

Six (6) copies of joint photographs of bridegroom and bride in a blue or white background in 2B size.
Two photographs of the bride and groom in marriage dress taken while the marriage ceremony was in progress and which shows that they are taking part in the ceremony.
One copy of wedding card.
Identity proof of both the bride and the groom (Pan card or Voter ID card or Passport, etc)
Address proof of the husband (Passport, Driving License, House Rent Agreement, Telephone Bill, Ration Card)
Age proof of both bride and groom (10th Std. Mark sheet with birth date on it or Passport)
Affidavit in case of the name change of bride after the marriage.
Newspaper in which the name-change information was published.
Procedure to apply for Certificate of Marriage in Karnataka

Visit the sub registrar office nearest to your residence and get the prescribed application form for marriage certificate from the office.
Or download the form from online sources like www.karnataka.gov.in/karigr/download/hin...marriage%20forms.pdf
Fill in the details carefully in the form. If the bride has a name change after the marriage, be sure to write the new name in the form, and not the old name
Get the form signed by three witnesses. Friends and relatives can act as witness
Submit the filled-in form and the required documents at the sub registrar office. They will verify the information and provide the applicant with six printouts of the information provided in the application form.
Both the bridegroom and the bride must put their signature on the printouts in the specified area
The printouts are then stamped and signed by the Registrar of Marriage
The sub registrar’s office hands over two copies of the marriage certificates to the bridegroom and the bride and retains the other copies for their official records.

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3 years 5 months ago #847

News about karataka marriage registration :-
It is a simple procedure soon after the ceremony

No foreign embassy grants visa to a spouse without proof of marriage In divorce and alimony cases, courts may insist on seeing the marriage certificate

Bangalore: For many newly weds, the first journey from the wedding hall is to the registrar's office. Some even try to bring the registrar or one of his staff to the wedding. Once the knot is tied, the couple signs the register, duly witnessed.

While registration under the Special Marriages Act has been the norm for many years now, it was not mandatory for Hindu marriages until the Supreme Court decreed it recently.

A senior lawyer says: "Registration used to be more common among affluent Hindus for reasons of succession to property and so on, and in the case of remarriage after the death of a spouse or divorce. Courts, of course, do issue a certificate of divorce, and most educated families want this evidence in case of a second marriage.''

Where the marriage certificate does help is in the case of a husband working and living overseas on a work permit or long-term residence visa and wants the wife to join him. No foreign embassy or consulate grants visa to a spouse without proof in the form a marriage certificate.

"In cases of divorce, legal separation, alimony, or custody of children, courts may insist on seeing the marriage certificate,'' explains a woman lawyer specialising in family court matters.

Lawyers are divided in their views about whether registration of marriages can be with retrospective effect or only for those conducted after the Supreme Court directive. The law does allow for marriages to be registered some years later, but different States have different procedures.Registration is simpler soon after the ceremony when the wedding invitation will suffice as proof.

The procedure is fairly simple. You can obtain a form from the sub-registrar's office closest to your residence and submit it soon after the ceremony. You can also go straight from the ceremony if prior notice has been given.

A Notice of Intended Marriage Form is available, and it can be submitted 30 days later.

Within a maximum of 90 days, the couple can appear at the sub-registrar's office, with witnesses, and get a marriage certificate. The fee for obtaining a certificate under the Hindu Marriage Act is Rs. 95. The forms are priced at Rs. 15 each.

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3 years 5 months ago #885

Find answer for your questions?

Doing Court marriage before customary ceremony is legally valid one or it will create any problem in future.?
Answer :
Doing Court marriage before customary ceremony is not illegal and there is no bar legally . The only thing is your official date of marriage will be your court marriage date.
it will nor create any problem in future and nobody have a right to create problem?

Is there any simple way to do same day court marriage without parents knowledge in Chennai or anywhere in India ?
Answer :
Yes there is a possibility to do your court marriage in Chennai in one day process.

Any notice will be sent to parents?
Answer :
No notice will be sent in same day process

The Court marriage process will change state to state ? what is the procedure in Karnataka?
Answer :
yes it will change sate to state. Even it will change one registrar office to another.

In which state we can do register marriage in one day process ? How long it will take to get marriage certificate?

Yes there is a possibility to do your court marriage in Tamilnadu especially in Chennai in one day process.

They are doing this for only safety and visa purpose. thereafter they will convince the both parents and will have a grand marriage function.
so tell me the simple way to do simple register marriage in Chennai or anywhere in India.
Also the same day court marriage certificate is valid for visa process or not?
Answer :
One day or one month, your marriage is registered properly and you got certificate from any one of Government, it is valid one.

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  • deepakrao
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3 years 5 months ago #886

Normally all the marriages solemnized in Tamilnadu will be registered under Tamilnadu marriage Act 2009

Find the act for your ready reference :

Tamil Nadu Marriage Act 2009

Tamil Nadu Marriage Act
BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE

STATE OF TAMIL NADU

Under rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill

which was introduced in the Legislative Assembly of the State of Tamil Nadu

on 30th June 2009 is published together with Statement of Objects and Reasons

for general information:—

L.A. BILL No. 14 OF 2009

A Bill to provide for compulsory registration of all marriages in the State

of Tamil Nadu and for matters connected therewith or incidental thereto.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixtieth

Year of Republic of India as follows:—

1. (1) This Act may be called the Tamil Nadu Registration of Marriages Act, 2009.—

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the State Government may, by

notification, appoint.

2. In this Act, unless the context otherwise requires,—

(a) “District Registrar” means a District Registrar of Marriages appointed under

sub-section (2) of section 4;

(b) “Government” means the State Government;

(c) “marriage” includes all marriages performed by persons belonging to any

caste or religion under any law for the time being in force, or as per any custom or

usage in any form or manner and also includes remarriage;

(d) “memorandum” means a memorandum of marriage referred to in section 5;

(e) “priest” means any person who performs a marriage or any person present

in the marriage referred to in section 7-A of the Hindu Marriage Act, 1955;

(f) “Registrar” means a Registrar of Marriages appointed under sub-section (3)

of section 4;

(g) “Registrar-General” means the Registrar-General of Marriages appointed

under sub-section (1) of section 4;

(h) “State” means the State of Tamil Nadu.

3. Every marriage performed on and from the date of commencement of this Act

shall be registered under this Act notwithstanding the fact that the said marriage had

been entered in the marriage registers governed by any other personal laws of the parties

to the marriage or custom or usage or tradition.

4. (1) The Government shall, by notification, appoint a person to be the

Registrar-General of Marriages for the State of Tamil Nadu.

(2) The Government shall, by notification, appoint a person to be the District

Registrar of Marriages for each District for carrying out the purposes of this Act.

(3) The Government shall, by notification, appoint such number of persons as

it thinks necessary, to be the Registrar of Marriages for such local areas as may be

specified in the notification, and one or more Registrars may be appointed for one or

more such areas for carrying out the purposes of this Act.

(4) Every District Registrar and Registrar shall exercise such powers and perform

such duties as may be prescribed and shall be under the general supervision and control

of the Registrar-General.

5. (1) The parties to a marriage shall prepare a memorandum in such Form as

may be prescribed in duplicate and shall deliver it in person or send in the manner

as may be prescribed, to the Registrar of the area where the marriage is performed

within ninety days from the date of the marriage:

Provided that the memorandum may be delivered or sent to the Registrar within

a further period of sixty days after the expiry of the said ninety days with the payment

of additional fee as may be prescribed.

(2) Nothing in the proviso to sub-section (1) shall affect the liability of any person

to any penalty under clause (a) of sub-section (1) of section 14.

6. Every memorandum referred to in section 5 shall be signed by the parties to the

marriage and by the priest and two witnesses and shall be accompanied by such fee as

may be prescribed.

7. (1) Where the Registrar, before whom the memorandum is delivered or sent

under section 5 on scrutiny of the documents filed with the memorandum or, on the

other facts noticed or brought to his notice, is satisfied or has reason to believe that,—

(a) the marriage between the parties is not performed in accordance with

the personal laws of the parties, or any custom or usage or tradition; or

(b) the identity of the parties or the witnesses or the persons testifying the

identity of the parties and the performance of the marriage is not established beyond

reasonable doubt; or

(c) the documents tendered before him do not prove the marital status of

the parties,

he may, after hearing the parties and recording the reasons in writing, refuse

to register the marriage and may,—

(i) call upon the parties to produce such further information or documents

as deemed necessary, for establishing the identity of the parties and the witnesses or

correctness of the information or documents presented to him, or

(ii) if deemed necessary, also refer the papers to the local police station within

whose jurisdiction the parties reside, for verification.

(2) Where, on further verification as provided in sub-section (1), the Registrar

is satisfied that there is no objection to register the marriage, he may register the same.

If in the opinion of the Registrar, the marriage is not fit for registration, he may pass

an order of refusal in writing, recording the reasons therefor.

8. (1) Any person aggrieved by the order of the Registrar under section 7 may, within

a period of thirty days from the date of receipt of such order, appeal to the District Registrar

in such manner as may be prescribed:

Provided that the District Registrar may, within a further period of thirty days, admit

an appeal presented after the expiration of the first mentioned period of thirty days if

he is satisfied that the appellant had sufficient cause for not presenting the appeal within

the first mentioned period.

(2) The District Registrar, after giving an opportunity of being heard to the party

affected and after recording the reasons in writing, direct the Registrar to register the

marriage or confirm the order of the Registrar.

9. Any person aggrieved by the order of the District Registrar made under

section 8 may, within a period of thirty days from the date of receipt of the order, appeal

against such order to the Registrar-General and the decision of the Registrar General

on such appeal shall be final and thereupon the Registrar shall act in conformity with

such decision.

10 (1) On registration of the marriage, the Registrar shall issue a certificate of

registration of marriage to the parties in such form as may be prescribed.

(2) Every Registrar shall maintain a register of marriages, in such form and in

such manner as may be prescribed.

(3) On receipt of the memorandum of marriage under section 5, the Registrar

shall file the same in the register.

11 (1) Subject to any rules made in this behalf by the Government including the

rules relating to payment of fee, any person may,—

(a) cause a search to be made by the Registrar 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 certified by the Registrar and shall

be admissible in evidence for the purpose of proving the marriage to which the entry relates.

12. The register of marriages shall, at all reasonable times, be open to inspection

and the certified extracts therefrom shall, on application, be given by the Registrar to

the applicant on payment of such fee as may be prescribed.

13. No employer or a Government or quasi-Government Authority or Company or

Public Sector Undertaking or Local Authority shall carry out any change in their office

record or in any office documents, such as change in the marital status or change

of nomination, of its employee or in their dealings with any person, customer or client

unless the employee or, as the case may be, the applicant, applying for carrying out

or recording of such change, submits a certified copy of the certificate of registration of marriage

issued under section 10.

14. (1) Any person who—

(a) omits or neglects to deliver or send the memorandum as required by section 5; or

(b) makes any statement in the memorandum which is false in any material

particular, and which he knows or has reason to believe to be false; or

(c) contravenes any of the provisions of this Act, or rules made thereunder,

shall, on conviction, be punished with fine which may extend to one thousand rupees.

(2) The Registrar who willfully fails to file the memorandum pursuant to section

5 shall, on conviction, be punished with imprisonment for a term which may extend to

three months or with fine which may extend to one thousand rupees or with both.

15. Any person secreting, destroying or dishonestly or fraudulently altering the

register of marriage or any part thereof shall, on conviction, be punished with imprisonment

for a term which may extend to two years or with fine which may extend to ten thousand

rupees or with both.

16. No prosecution for an offence punishable under this Act shall be instituted except

by an officer authorized by the Registrar- General by general or special order, in this behalf.

17. (1) If any person committing an offence under this Act is a company, every person,

who, at the time the offence was committed, was in charge of, and was responsible to,

the company for the conduct of the business of the company as well as the company, shall

be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished

accordingly:

Provided that nothing contained in this sub-section shall render any such person liable

to any punishment provided in this Act, if he proves that the offence was committed without

his knowledge, or that he exercised all due diligence to prevent the commission of the offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under

this Act has been committed by a company and it is proved that the offence has been

committed with the consent or connivance of, or is attributable to any neglect on the part

of any director, manager, secretary or other officer of the company, such director, manager,

secretary or other officer shall also be deemed to be guilty of that offence and shall be

liable to be proceeded against and punished accordingly.

Explanation—For the purpose of the section,—

(a) ‘company’ means a body corporate and includes a firm or other association

of individuals; and .

(b) ‘director’ in relation to a firm, means a partner in the firm.

18. No suit, prosecution or other legal proceedings shall lie against any person

for anything which is in good faith done or intended to be done in pursuance of this

Act or a rule or order made thereunder

19. The Registrar-General, every District Registrar and Registrar and other officers

while acting or purporting to act in pursuance of the provisions of this Act or rules made

thereunder shall be deemed to be a public servant within the meaning of section 21

of the Indian Penal Code.

20. If any difficulty arises in giving effect to the provisions of this Act, the Government

may, by order publish in the Tamil Nadu Government Gazette, make such provisions, not

inconsistent with the provisions of this Act, as appear to them to be necessary or expedient

for removing the difficulties:

Provided that no order shall be made after the expiry of a period of two years from

the date of commencement of this Act.

21. The Government may, from time to time, issue such directions ~ not inconsistent

with the provisions of this Act, to the Registrar, District Registrar and to the Registrar-

General, as it may thinks fit for the effective implementation of the provisions of this Act

and they shall comply with such direction.

22. The provisions of this Act shall be in addition to, and not in derogation of, any other

law for the time being in force.

23. 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.

24. (1) The Government may make rules for carrying out all or any of the purposes

of this Act.

(2) (a) All rules made under this Act shall be published in the Tamil Nadu

Government Gazette and unless they are expressed to come into force on a particular

day, shall come into force on the day on which they are so published.

(b) All notifications issued under this Act shall be published in the Tamil Nadu

Government Gazette and unless they are expressed to come into force on a particular day,

shall come into force on the day on which they are so published.

(3) Every rule or order made or notification issued under this Act shall, as soon

as possible, after it is made or issued, be’ placed on the Table of the Legislative Assembly,

and if, before the expiry of the session in which it is so placed or in the next session, the

Legislative Assembly makes any modification in any such rule, order or notification or the

Legislative Assembly decides that the rule, order or notification should not be made or

issued, the rule, order or notification 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

that rule, order or notification.

MEMORANDUM

The Bill provides for appointment of Registrars and Registrar General.

The Bill when enacted would involve expenditure from the Consolidated Fund of the

State. It is however not possible at this stage to estimate wlth any degree of accuracy,

the expenditure to be incurred per annum as a result of the proposed legislation.

.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clauses 1(3), 4, 5, 6, 8, 10, 20, 21 and 24 of the Bill empower the Government to issue

notifications and directions or to pass orders or to make rules, as the case may be, for the

purposes specified therein.

2. The powers delegated are normal and not of an exceptional character.

STATEMENT OF OBJECTS AND REASONS

The Supreme Court, in its order in Seema vs Ashwani Kumar AIR 2006 SC 1158 has

observed that the effect of non-registration would be that the presumption which is

available from registration of marriage would be denied to a person whose marriage is

not registered. The Supreme Court of India is of the view that marriages of all persons

who are citizens of India belonging to various religions should be made compulsorily

registrable in the respective States, where the marriage is solemnized.

2. Therefore, in order to provide for the compulsory registration of all marriages of all

persons who are the citizens of India belonging to various religions in the State, it is considered

necessary to make a new law to ensure effective implementation of the compulsory registration

of the marriages in this State. Accordingly, the Government have decided to undertake

legislation for the purpose.

3. The Bill seeks to give effect to the above decision.

DURAl MURUGAN,

Minister for Public Works and Law.

M. SELVARAJ,

Secretary.

Under rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill

which was introduced in the Legislative Assembly of the State of Tamil Nadu

on 30th June 2009 is published together with Statement of Objects and Reasons

for general information:—

L.A. BILL No. 15 OF 2009

A Bill to amend the Anna University, Tirunelveli Act, 2007.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixtieth Year

of the Republic of India as follows:—

1. (1) This Act may be called the Anna University, Tirunelveli (Amendment) Act,

2009.

(2) It shall be deemed to come into force on the 17th March 2008.

2. In section 56 of the Anna University, Tirunelveli Act, 2007 (hereinafter referred

to as the principal Act), in sub-section (1), for the expression “one year” the expression “two

years”, shall be substituted.

3. Notwithstanding anything contained in the principal Act, the committees constituted

under sub-section (5) of section 56 or continued as such committees during the period

commencing on the 17th March 2008 and ending with the date of publication of the Anna

University, Tirunelveli (Amendment) Act, 2009 in the Tamil Nadu Government Gazette shall

be deemed to have been validly constituted or continued in accordance with law, and any

power exercised or duty performed by such committees during that period shall be deemed

to have been validly exercised or performed by the said committees, as if the principal Act

as amended by this Act had been in force at all material times.

STATEMENT OF OBJECTS AND REASONS

As per sub-section (1) of Section 56 of the Anna University, Tirunelveli Act, 2007

(Tamil Nadu Act 28 of 2007), it shall be the duty of the first Vice-Chancellor to make

arrangements for constituting the Syndicate, Academic Council and such other authorities

of the University within six months from the date of his appointment or such longer period,

not exceeding one year as the Government may, by notification specify. Further,

sub-section (5) of the said Section 56 of the said Act enables the first Vice-

Chancellor to appoint any officer or constitute any committee temporarily to exercise and

perform any of the powers and duties of such authority under that Act and the statutes,

until such time an authority is duly constituted under the said sub-section (1) of section 56.

The period contemplated in the said sub-section (1) of section 56 has already expired.

The Syndicate, Academic Council and other authorities of the University were not

constituted before the said period and the temporary committees appointed by the

Vice-Chancellor are exercising the powers and performing the duties of the authorities.

The Government have, therefore, decided to provide a further period of one year to

constitute the authorities of the University, by amending sub-section (1) of section 56

of the said Act. The Government have also decided to validate the powers exercised

and duties performed by the temporary committees.

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