NOTIFICATIONHealth And Family Welfare Department Sachivalaya, Gandhinagar.Dated the 1st January, 2008.
No. GP / 2 of 2008 / LNK - 102006/302 (Part II) / Y:-
WHEREAS the draft rules were published as required by section 21 of the Gujarat Registration of Marriages ACT, 2006 (Guj. Act 16 of 2006), at pages 290-1 to 290-12 of the Gujarat Government Gazette, Extra Ordinary, Part-IV-B, dated the 7th September, 2006 under the Government Notification, Health and Family Welfare Department No.GP-19-of 2006-LNK-102006-302-Y, dated the 7th September, 2006 inviting objections or suggestions from all persons likely to be affected thereby for a period of 30 days from the dated of publication of the said Notification in the Official Gazette;
AND WHEREAS no objections or suggestions have been received by the Government from any person with respect to the aforesaid draft rules;
NOW, THEREFORE, in exercise of the power conferred by sub-section(10 of section 21 of the Gujarat Registration of Marriages Act, 2006 ( Guj. Act 16 of 2006), the Government of Gujarat hereby makes the following rules namely:-
1 Short Title.-- These rules may be called the Gujarat Registration of Marriages Rules, 2006.
2. Definitions. - (1) In these rules, unless the context otherwise requires –
(a) ‘Act’ means the Gujarat Registration of Marriages Act, 2006.
(b) ‘Form’ means Form appended to these rules.
(c) ‘Section’ means a section of the Act.
(d) ‘Table’ means a Table appended to these rules
(e) ‘Witness’ means any person who is present at the time of the solemnization of the marriage.
(2) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act.
3. Powers and duties of Registrar. - The Registrar of Marriages appointed by the State Government under sub-section (1) of section 3 of the Act, shall exercise all such powers and perform all such duties for carrying out the purposes of the Act, which inter-alia include the following, namely: -
(a) to verify the memorandum for registration of marriage to verify and identify parties and witnesses, issue certificate of registration of marriage and send the copies of entries in the Marriage Certificate Book to the Registrar- General.
(b) to call upon the parties to produce other information or documents, if deemed necessary refer the papers to the local police station for verification and to refuse to register the marriage.
(c) to send the duplicate copy of an order of refusal to register a marriage to the Registrar -General.
(d) to file the memorandum of marriage in the register of marriages and to maintain the same, and send the duplicate copy thereof to the Registrar- General.
(e) to provide certified copies of extracts of the register of marriages and all other certificates and orders issued or passed by him to the applicant.
(f) to act according to the directions issued by the State Government for the effective and smooth implementation of the provisions of the Act.
4. Procedure for Registration of Marriage.-- (1) Every memorandum for registration of marriage shall be in the form specified in the Schedule to the Act and shall be delivered or sent along with an application in Form “I”.
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(2) The memorandum shall be in duplicate, signed by the parties to the marriage. priest and two witnesses and accompanied by fees as prescribed in the Table and duly affixed by a court fee stamp or stamps of such value as may be prescribed by the State Government from time to time under the Bombay Stamp Act ,1958 ( Bom. LX of 1958 )
(3) The memorandum shall also be accompanied by the following documents namely: -
(a) copy of the ration card or identity card, if any issued by the Election Commission of India or any other documents like passport or identity card issued by the employer etc. to the parties and the witnesses;
(b) birth certificate or school leaving certificate of the parties;
(c) marriage invitation card, if any:
Provided that the Registrar may, in his discretion, allow any other documents to be submitted with the memorandum as sufficient proof for establishing, beyond reasonable doubt, the identity and residence of the parties and witnesses
(4) On presentation of the memorandum and after verification of the same and after being satisfied about the identity of the parties and witnesses, the Registrar shall make an endorsement as under, on the reverse side, and then paste the memorandum in the register of marriages which shall be in the form of a paste book consisting of blank butts serially numbered, beginning with figure "1".
The memorandum and the fee of Rs._____ were received by me on - - 20.... and the memorandum is filed at Serial No.____ of - - 20 on page _____ of volume_____ of the register of marriages maintained under the Gujarat Registration of Marriages Act ,2006 (Guj. 16 of 2006)
Dated the ______.day of ________,20 .
Signature _________________
Registrar of Marriages
(5) On filing the memorandum along with the application and completion of registration, the Registrar shall issue a Certificate of Registration of Marriage in Form “II’ either in person or sent it by post to the parties to the marriage.
(6) If the Registrar is of the opinion that the details given in memorandum and the documents or the papers submitted by the parties and witnesses do not establish, beyond reasonable doubt, the identity of the parties or the witnesses or both, the Registrar may, direct the parties, giving them reasonable time to furnish such other documents or papers as considered necessary by the Registrar for the grant of registration certificate. On furnishing of such papers or documents, the Registrar, on verification of such documents or papers, on being satisfied, may grant the Certificate of Registration of Marriage in Form “II’.
(7) In case the Registrar is not satisfied about the identity of the parties or the witnesses, or about the correctness of the statements made in the memorandum, the Registrar may, after hearing the parties and after recording the reasons, in writing, pass an order in Form “III’.refusing to register the marriage and send the duplicate copy thereof to the Registrar-General.
5. Delayed registration and fees payable therefor.- (1) A memorandum for registration of marriage delivered or sent to the Registrar after the expiry of the period of thirty days but within three months from the date of the marriage shall be registered on a payment of fees as prescribed in the Table.
(2) A memorandum for registration of marriage delivered or sent to the Registrar after the expiry of the period of three months from the date of the marriage shall be registered on a payment of fees as prescribed in the Table.
6. Duplicates to be forwarded to Registrar- General. -- On or before the fifth day of each month, the Registrar shall send by registered post to the Registrar - General all duplicate copies of the memorandums received by him during the preceding month affixing at the end of the last of such copies a certificate as follows, namely::--
Certified that the above, which contains Serial No._____ to Serial No._______ are duplicate copies of all the memorandums filed in the register of marriages maintained by me under the Gujarat Registration of Marriages Act, 2006 (Guj.16 of 2006) during the month of ________ ,20 .
Dated the _____day of_________,.20 .
Signature __________________
Registrar of Marriages
7. Rectification of defects in memorandum or to send it to Registrar having jurisdiction. – (1) If any memorandum received by a Registrar under section 5 or section 6 is not accompanied by a duplicate thereof, or the appropriate fee or if the memorandum is defective in any respect, the Registrar shall require the parties to the marriage to furnish the duplicate or to pay the proper fee, or to rectify the defect, as the case may be, within such time as may be specified by him.
(2) If the Registrar receiving such memorandum has no jurisdiction to receive the same he shall send the memorandum to the Registrar having such jurisdiction and inform the persons who had sent or delivered the memorandum accordingly.
(3) If the Registrar receiving such memorandum has no jurisdiction but inadvertently files the same in the register maintained by him, he shall send a certified copy thereof together with the copy of endorsement of filing recorded thereon to the Registrar having jurisdiction for the purpose of filing and inform the persons who had sent or delivered the memorandum accordingly. He shall then make a suiTable endorsement on the memorandum indicating the action taken by him and for cancellation of registration from his register.
(4) The Registrar on receiving a certified copy of the memorandum under sub-rule (3) shall file it in the register maintained by him without levying any additional fee and report the action taken by him to the Registrar- General.
8. Appeal to Registrar- General. - (1) An appeal to the Registrar General under sub- section (1) of section 9 against the order of the Registrar, may be made within a period of thirty days along with a copy of the order of the Registrar refusing to register the marriage under section 8, along with necessary documents and the fees as specified in the Table.
(2) The Registrar-General after giving an opportunity of being heard to the aggrieved parties concerned, pass an order, after recording the reasons in writing, directing the Registrar to register the marriage or confirming the order of the Registrar.
9. Form of Receipt. -- The Receipt Books shall be bound volumes of one hundred leaves, each with foils and counterfoils, which shall be machine-numbered consecutively. The Registrar shall acknowledge a receipt for each amount received by him in the following form , namely: -
R E C E I P T
No________
Under the Gujarat Registration of Marriages Act, 2006 (Guj.16 of 2006)
Received fees as follows
Item ( Rs.)
(i) For registration of Memorandum of marriage
(ii) For *____certified extracts from the Register
(iii) For *____certified copy / copies of________
___________________________________-
(iv) For any other
-----------------
Total __________
Rupees in words: rupees_______________________________________
Dated the_______day of __________,20 .
Signature ___________________
Registrar of Marriages
__________________________________________
* Here fill in the no. of certified extracts / copy / copies
10. Form of Register and manner of keeping it. - (1) The Registrar shall maintain the register of marriages for every year in Form “IV’.. Information regarding grant of certificate of registration of marriage, and refusal to register the marriage shall be maintained separately in this register. The register shall be in the form of a paste book consisting of blank butts serially numbered.
(2) The Registrar shall certify under his signature on the title page of every blank register issued to him the number of pages actually contained in such register and shall note the date on which the register was received and opened by him.
(3) The registers used by the Registrar shall be numbered serially beginning with the figure 1.
11. Inspection of registers and obtaining certified copies thereof. - (1) The registers referred to in rule 10 shall be open for inspection for all members of public. Any person desirous of inspecting the register may do so, on an application made in that behalf to the Registrar and on payment of fees as specified in the Table .
(2) Any person desirous of obtaining certified copy or copies of the extract of the register shall make an application for the same in Form “V’ and pay to the Registrar fees as specified in the Table for each copy.
12. Marriage Certificate Book.-- (1) The Registrar shall keep the Marriage Certificate Book, which 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 this number and the date, month and the year in which the certificate was entered.
(2) The Registrar shall send by registered post to the Registrar - General all copies of entries in the Marriage Certificate Book at the interval of three months on or as nearly as possible after, the 1st January, April, July and October in each year.
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13. Supply of Forms of Memorandum of Marriage. - Blank forms of memorandum of marriage shall be supplied free of charge to the parties to a marriage by the Registrar.
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14. Registrar to keep all applications and memoranda in safe custody. -
The Registrar shall keep every application and every memorandum received by him, in a safe custody till the period as directed by the Government from the date of its receipt, and shall not be removed from his office otherwise than under a written order of a Court.
15. Superintendence.-- The Registrar shall perform his duties and exercise his powers under the general superintendence of the Registrar-General and the State Government.
16. Filling and indexing by Registrar- General .-- (1) On receipt of the duplicate copies of memorandum sent under sub- section (1) of section 11 of the Act the Registrar-General shall file them (by pasting) in the registers similar to those maintained by the Registrars. All entries in the Registrar- General’s registers shall be indexed in two different forms as follows, namely: -
I N D E X No. I
(Husband)
Name of Husband Place of residene Name of wife Place of residence Place of marriage Date of marriage Reference to memorandum
1 2 3 4 5 6 7
I N D E X No. II
(Wife)
Name of wife Place of residence Name of husband Place of residence Place of marriage Date of marriage Reference to memorandum
1 2 3 4 5 6 7
(2) The names in both the indices shall be arranged alphabetically.
17. Procedure for obtaining certified copy / copies.-- Any person desirous of obtaining certified copy or copies of a memorandum of marriage, a certificate of registration of a marriage or an order of refusal for registration of a marriage shall make an application for the same in Form “V” and pay to the Registrar fees as specified in the Table for each copy.
18. Custody and preservation of registers and records. etc. .-- (1) All registers maintained by the Registrars and the Registrar-General and the indices maintained by the Registrar-General shall be preserved permanently.
(2) The records and papers mentioned below shall be destroyed after the expiry of the period specified against them.
Sr.No. Nature of Records and papers Period years
1 2 3
1 Receipt Book (foils) 5 years
2 Postal acknowledgement receipt in respect of duplicate of memoranda sent to the Registrar- General 5 years
3 Application for extracts from the Registers 5 year
4 Accounts of blank books and Forms 3 years
5 Cash book 5 years
6 The Registers and applications and other records not covered under above items 2 years
F O R M ' I '
( See sub-rule (1) of rule 4 )
Application for filling Memorandum of Marriage
To,
The Registrar of Marriages,
Subject: -- Registration of marriage.
Sir,
Marriage has been solemnized between us on ------------------- at___________________and we request that the following particulars of our marriage be entered in the Register of Marriages and that a Certificate of Registration of Marriage be issued to us.
We hereby declare,
1. that a valid marriage was solemnized between us and that the marriage is, capable of being registered under section 11 of the Gujarat Registration dof Marriages Act, 2006 (Guj. 16 of 2006).
2. that the conditions laid down in the Personal Marriage Act have been satisfied
3. that the particulars given in application are true to the best of our knowledge and belief, and
4. that a memorandum of marriage duly filled in (in duplicate) along with the prescribed fees and documents, is enclosed herewith.
Signature ; _______________
(Husband)
________________
( Wife)
Place :
Date:
Encl:-- (1) Memorandum of Marriage.
(2) Prescribed fees.
(3) Other documents:-- (a) ___________________________________
(b) ___________________________________
(c) ___________________________________
F O R M ' II'
(See sub-section (2) of section 11 and sub- rule (5) and (6) of rule 4 )
GOVERNMENT OF GUJARAT
Certificate of Registration of Marriage
( Under the Gujarat Registration of Marriages Act, 2006 )
No:_____________
This is to Certify that Shri________________________________(Name of husband) S/o Shri_________________________________residing at___________ ___________________and..Smt.___________________________ (Name of the wife) D/o Shri____________________________________________residing at_________ ______________.have furnished the particulars in Memorandum declaring that their marriage has been solemnized on __________at ____________(place) and that the same has been registered this day______of_________,20 at Serial No__________of volume _______of Register of Marriages maintained under the Gujarat Registration of Marriages Act, 2006 (Guj. 16 of 2006).
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Place :_______________ Signature____________________
Registrar of Marriages
Date :________________
S E A L
F O R M ' III'
(See sub-section (2) of section 8 and sub- rule (7) of rule 4 )
Order of refusal for registration of a marriage
No:_________
I, Registrar of Marriages, ......................................... after scrutiny of memorandum and other documents submitted with the same and after hearing the parties on the ___________day of___________,20..... refuse to register the marriage for the following reasons.:--
______________________________________________________________________________________________________________________
Place:: ____________
Date:: _____________
Signature ____________________
Registrar of Marriages
S E A L
F O R M ' IV '
( See sub-section (1) of section 11 and sub-rule (1) of rule 10 )
Register of Marriages
Register of Marriages for the year ...........................................
Sr.No. Date of marriage and place of marriage Name of husband and his address His age at the time of marriage Religion of Husband Name of wife and her address Her age at the time of marriage Religion of wife Date of Registration Remarks / Grant of Certificate/
Refusal to
Register
1 2 3 4 5 6 7 8 9 10
F O R M ' V '
( See sub-rule (2) of rule 11 and rule 17 )
Application for obtaining certified copy / copies
From: (Name and address of
the person(s))
Date:
To,
The Registrar of Marriages,
Subject:-- Certified copy / copies
Sir,
I , the undersigned, humbly request you that—
(1) the _______ (please write the number) certified copy / copies of the following document(s) may please be provided to me at the earliest.
* (a) a memorandum of marriage
* (b) a certificate of registration of a marriage
* (c) an order of refusal for registration of a marriage
* (d) the extract of the register of marriages
(2) Other particulars—
(i) Date of registration of marriage__________________
(ii)) Date and no. of a certificate of registration of
marriage____________________________________
(ii) Date and no. of an order of refusal for registration of
a marriage___________________________
(iv) Name of the husband_____________________
(v) Name of the wife_________________________
(3) The fees of Rs.______( rupees_________________________)
is enclosed herewith.
Place:: Yours faithfully,
Date: : ____________________
____________
*Strike out which is not applicable.
T A B L E
FEES
( See sections 7 , 9 and 12 and rules 4 , 5, 8, 11 and 17 )
1. Fees for following purposes:--
Item Fee
(a) With every memorandum of marriage: --
(i) If memorandum of marriage submitted within 30 days from the date of marriage Rs. 5.00
(ii) If memorandum of marriage submitted after the expiry of the period of thirty days but within three months from the date of the marriage Rs.15.00
(iii) If memorandum of marriage submitted after the expiry of the period of three months from the date of the marriage Rs.25.00
(b) With an appeal to the Registrar-General Rs.100.00
(c) For inspecting Register of marriages
(i) search of the current year Rs15.00
(ii) search of any previous year or years Rs.5.00
Per year
( In addition to Rs.15.00)
(d) For a certificate regarding no record of registration of marriage Rs.25.00
2. Fees for grant of certified copy / copies:--
Item Fee
(a) For every certified copy of a memorandum of marriage Rs.30.00
Per copy
(b) For every certified copy of a certificate of registration of a marriage Rs.10.00
Per copy
(c) For every certified copy of an order of refusal for registration of a marriage Rs.30.00
Per copy
(d) For every certified copy of extract of Register Rs.10.00
Per page
