Notification
No.G.S.R.83/C.A.7/1909/S.6/2016.-
In exercise of the powers conferred by section 6 of the Anand Marriage Act, 1909 (7 of 1909) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules to provide for the registration of Anand Marriages, namely;-
RULES
1. Short title and commencement:-
(1) These rules may be called the Pun jab Anand Marriages Registration Rules, 2016.
(2) They shall come into force on and with effect from the date of their publication in the Official Gazette.
2. Definitions:-
(I) In these rules, unless the context otherwise requires,-
(a) “Act” means the Anand Marriage Act, 1909 (7 of 1909);
(b) “Additional District Registrar of Marriages” means the Sub Divisional Officer (Civil) of the area within his jurisdiction;
(c) “Anand marriage” means a Sikh marriage solemnized by “Anand” commonly known as Anand Karaj;
(d) “Chief Registrar of Marriages” means the Secretary to Government of Punjab, Department of Justice or an officer authorized by him not below the rank of Additional Secretary to Government of Punjab;
(e) “District Registrar” means Deputy Commissioner of the District;
(f) “foreign national” means any person who is not a citizen of India and shall include Persons of Indian Origin (PIO) and Overseas Citizens of India (OCI);
(g) “Non-resident Indian” (NRI) means a person of Indian origin, who is either permanently or temporarily settled outside India for any of the following purposes:-
- For or on taking up employment outside India; or
- For carrying on a business or vocation outside India; or
- For any other purpose, as would indicate his/her intention in such circumstances to stay outside the territorial limits of India for an uncertain or determined period for fulfilling or completing such purpose;
(h) “Form” means a Form appended to these rules;
(i) “Relations” means the family members of the Bridegroom and the Bride, apart from their parents, namely:-
- paternal and maternal grandfather/grandmother;
- uncle and aunt;
- brother;
- sister; and
- cousin.
(j) “Register” means a Register of Anand marriages;
(k) “Registrar of Marriages” means a Tehsildar or a Naib Tehsildar within their respective jurisdiction; and
(1) “State Government” means the Government of the State of Punjab in the Department of Justice.
(2) The words and expressions used in these rules, but not defined, shall have the same meaning as assigned to them in the Act.
3. Authorisation for registration of Anand marriages:-
For the purpose of registration of Anand marriage solemnized within the State of Punjab, the Tehsildar and the Naib Tehsildar shall be the Registrar of Anand Marriages within their respective jurisdiction.
4. Jurisdiction:-
The Anand marriage shall be registered with the Registrar within whose jurisdiction such marriage has been solemnized.
5. Presentation of memorandum for registration of marriage.-
(1) The parties to an Anand marriage or any of their parents or relations, as the case may be, shall present the memorandum in Form-I, before the Registrar of Marriages concerned, for registration of marriage within a period of three months from the date of such marriage.
(2) If one of the parties to the marriage is Non-resident Indian, in that case, they shall attach all necessary information as specified in the Form I-A, along with the memorandum of marriage in Form-I.
(3) The memorandum shall be accompanied with a fee of rupees fifteen hundred in the.form of court fee stamps.
(4) The Registrar of Marriages, after satisfying himself the provisions of rule 7, shall register the marriage within a period of one month from the date of receipt of the memorandum for the purpose.
6. Memorandum submitted after the stipulated period.-
(1) In case the parties to an Anand marriage or any of their parents or relations, as the case may be, submits memorandum for registration of marriage to the Registrar of Marriage concerned,-
(i) after the expiry of a period of three months blit not after a period of six months from the date of solemnization of the marriage such marriage shall be registered subject to the payment of a late fee of rupees one thousand, in addition to the fee as specified in sub-rule (3) of rule 5;
(ii) after the expiry of a period of six months but within a period of one year from the date of solemnization of the marriage, such marriage shall be registered only after obtaining the written permission of the District Registrar of Marriages concerned, subject to payment of a late fee of rupees fifteen hundred in addition to the fee, as specified in sub-rule (3) of rule 5; and
(iii) after the expiry of a period of one year or above from the date of solemnization of the marriage, such marriage shall be registered only after obtaining the written permission of the Chief Registrar of Marriages, subject to payment of a late fee of rupees two thousand in addition to the fee as specified in sub-rule (3) of rule 5.
(2) The parties referred above in sub-rule (1), shall submit their memorandum along with an affidavit (duly attested by the Notary or any other officer authorized by the State Government), describing the reasons for its late submission
7. Verification and registration of Anand marriages.-
(1) Where on verification and scrutiny of the memorandum and documents received under sub-rule (1) or sub-rule (2) of rule 5, the Registrar is satisfied that the marriage has been solemnized, he shall enter the particulars of the marriage in the register and issue a Certificate of Anand Marriage in Form-IV.
(2) Where the Registrar has reasons to believe that,-
(a) the marriage between the parties is not an Anand marriage; or
(b) the identity of the parties or the witnesses testifying the solemnization of the marriage is not established; or
(c) the documents tendered before him do not prove the marital status of the parties;
he shall, call upon the parties to produce such further information or documents as he may deem necessary, for establishing the identity of the parties and the witnesses or corrections of the information or documents presented to him w ithin a period of thirty days from the date of receipt of memorandum.
8. Refusal of registration of Anand marriage:-
The Registrar shall, for the reasons to be recorded in writing, refuse to register the Anand marriage, if the parties to the marriage fail to comply with the directions issued by him under sub-rule (2) of rule 7. *
9. Correction or cancellation of entry in the Marriage Register:-
If the Registrar of Marriages suo-moto or on receipt of an application from any person, finds that the entry of a marriage is erroneous in form or substance or has been fraudulently or improperly made, he may correct or cancel, as the case may be, such entry in the register maintained for the purpose, after passing a speaking order in this behalf and make an entry to that effect in the remarks column of such register:
Provided that the parties concerned shall be given a reasonable opportunity of being heard, before passing of such an order by the Registrar of Marriages, for such correction or cancellation, as the case may be, of entry in the register pertaining to such marriage.
10. Appeal against the orders of Registrar of Marriages:-
(1) Any person aggrieved of an order passed by the Registrar of Marriages may file an appeal within a period of thirty days from the date of passing of such order, to the District Registrar of Marriages in Form-II, on payment of a fee of rupees one thousand in the form of court fee stamps.
(2) Any person aggrieved of an order passed by the District Registrar of Marriages, may file an appeal to the Chief Registrar of marriages in Form-III within a period of sixty days from the date of receipt of copy of such order, on payment of a fee of rupees five hundred in the form of court fee stamps.
11. Submission of report of the marriages registered:-
(1) The Chief Registrar of Marriages shall prepare the report of the marriages solemnized in the State of Punjab, in Form-IV and submit the same to the State Government, on a quarterly basis.
(2) The Chief Registrar of marriages, shall issue directions to the Registrars of Marriages, regarding maintenance of records/registers, from time to time, as he deems fit.
(3) The Chief Registrar of Marriages may direct the District Registrar of Marriages, to periodically inspect the records of the Registrar of Marriages, falling within their respective jurisdiction.
(4) The Registrar shall also forward particulars of the corrections made under rule 9 with the date of correction and a copy thereof to the District Registrar.
12. Maintenance of Anand Marriage Register:-
Every Registrar of Marriages shall maintain an Anand Marriage Register in Form-V (both in English and Punjabi languages).
N.S. KALSI,
Additional Chief Secretary to Government of Punjab,
Department of Justice.
