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Uttarakhand Marriage Act :
In exercise of the powers conferred under sub section –(1) of section 19 of The Uttarakhand Compulsory Registration of Marriage Act, 2010 (Uttarakhand Act No. 19 year 2010), the Governor is pleased to make the following Rules for regulation of compulsory registration of marriages.
1.Short Title, Extent and Commencement : i. These rules may be called The Uttarakhand Compulsory Registration of Marriage Act, 2011 ii. These rules extend to the whole State of Uttarakhand. iii. These rules shall come into force on such date as the State Government may, by notification, appoint.
2. Jurisdiction of District Registrar and Local Registrar : For the purpose of these Rules each Sub-Registrar under his jurisdiction shall exercise the powers and discharge the duties of Local Registrar and within the district each District Registrar shall exercise the powers and discharge the duties of Registrar.
3. Registration of Marriages : i. Any parties to a marriage, on payment of fees specified in Rule- 10, may get the details of this marriage entered in the marriage register kept for this purpose of the Sub-Registrar office. ii. The application for registration of marriage shall be given in two copies to the Sub-Registrar under whose jurisdictions the marriage was solemnized or under whose jurisdiction the husband permanently resides. One copy of the application shall be maintained in the office of the Sub-Registrar and one in the office of the District Registrar. Application (Memorandum of Marriage) shall be in schedule draft 'a' enclosed with Rules.
4. Register/ Registration file of Compulsory Marriages : i. The application received for registration of marriage shall be entered serially by the registering officer in scheduled register draft 'b' enclosed with these Rules. ii. The entry regarding rejection of application received for registration of marriage shall be made by registering officer serially in scheduled register draft 'c' enclosed with these Rules. iii. Registering officer, in the main page of a plain register issued to him, shall certify the number of pages actually entered and also write the date of receipt / commencement of register. iv. At the end of each calendar year, the registering officer shall certify the number of registered application during that year and when a register is filled the registering officer shall also certify the number of registered application during that year and when a register is filled the registering officer shall also certify the number of the rejected application in that particular register. v. Serial numbers shall be put on the registers used by the registering officer.
5.Submission / Endorsement of Application : i. Each application along with its second true copy shall be submitted before the registering officer and its execution shall be accepted by the bride. The identification of bridegroom and bride shall be made by two witnesses who will submit required proof regarding their own identification.
6.Binding of Application forms and of Marriage Registration Certificates : The Registrar shall get the binding done of applications receiving them serially under Rule-4 and of marriage registration certificate issued. One binding shall contain 400 pages and it shall be permanently maintained in the office.
7. Application Fees : Fees for accepting applications for registration of marriage Rupees one hundred, in case the application is made within ninety days from the date of solemnization of marriage. It shall be paid in cash to the registering officer. b. Rupees two hundred, in case the application is made after ninety days from the date of solemnization of marriage and it shall be paid in cash to the registering officer ii. For receiving a copy of marriage registration certificate, the fees shall be Rupees fifty to be paid in cash to the registering officer.
8. Powers and Duties of Registering Officer : i. In case the application received by the registering officer under Rule-4 is incomplete or faulty or in case the fees specified in Rule-10 is not paid for any certified citation from Hindu Marriage Register, the registering officer shall require the parties to the marriage to rectify the fault or to pay the above fees, as the case may be, with in a period specified by him. If it is not done so the application shall be rejected. ii. In case the registering officer receiving such application has no jurisdiction to receive it, he shall return ti to the applicant for submitting it before the proper authority. iii. In case the registering officer objects to any application received for registration he shall send it to District Registrar who will decide on the matter and his decision shall be final, subject to any decree or order of any competent court, in connection with the action on application. iv. The details of all such applications which are returned or whose registration is rejected as above shall be entered in relevant register. v. The registering officer shall not be responsible for any bonafide refusal to register a memorandum of marriage by him. The District Registrar shall not take congnizance of any such cases. vi. According to the provisions of Section-(15(2)) of Uttarakhand Compulsory Registration Marriage Act, 2010 the approval of Registrar General shall be taken before making any complaint to the court regarding the registering officer by the District Registrar. The Register General Shall give approval or take action only after hearing the concerned Registering officer and after due consideration. vii. The registering officer shall have no concern to the trueness or authenticity of the facts described in request letter/ declaration letter regarding the registration of memorandum of marriage received by him. However the competent court when necessary shall judge the points.
9.Superintendence : The registering officer/ sub- Registrar/Local Registrar shall discharge his duties and exercise his powers under the general 6 superintendence of Inspector General Registration, who shall be the Ex-officio Registrar General for the whole State.
10.The registering officer shall keep the draft of application for registration in his office. The parties may use the typed forms on their options.
11.Form Maintenance of Registers and Records : i. All the registers provided in the Rules and indexes specified in Rule-17 shall be sent to the Central Record Room at headquarter of registration district after six years of being filled up and shall be permanently kept there. ii. All the other records such as all enclosures received with the declaration of marriage; applications received for inspection of registers; applications and registers submitted for getting citations from registers and general correspondence and all letters etc shall be destroyed after completion of one year, receipt books in three years, fees receipt register and chalans in six years after taking permissions from District Registrar by the Registering officer.
12. Other : Registration of all marriages under Uttar Pradesh Hindu Marriage (Registration) Rules, 1973 prevailing in Uttarakhand shall be accomplished under The Uttarakhand Compulsory Registration of Marriage Rules, 2011 from such date which may be fixed as the date of coming into force The Uttarakhand Compulsory Registration of Marriage Rules, 2011. ii. In cases where there is no mention of any procedural facts, the procedure of registration of marriage covered by the Uttarakhand Compulsory Registration of Marriage Act, 2010 (Uttarakhand Act No 19, year 2010) shall be accomplished according to the rules prescribed in Registration Act/ Rules regarding the facts of reference.
By: Pooja Sharda ProfileResourcesReport error
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