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Hindu Marriage Registration Rules, 1958 – Amendments

Judicial

GOVERNMENT OF WEST BENGAL
Judicial Department

No. 215-JL, the 28th May, 2002

In exercise of the power conferred by sub-section (1) of section 8 of the Hindu Marriage Act, 1955 (25 of 1955), the Governor is pleased hereby to make the following amendments in the Hindu Marriage Registration Rules, 1958, as subsequently amended (hereinafter referred to as the said rules):—

Amendments

In the said rules

1. in rule 5,—

(a) for sub-rule (i) substitute the following sub-rule:

“(i) Both the parties to a Hindu Marriage shall apply jointly, in triplicate, in the form specified in Schedule A, for registration of the marriage, to the Registrar of the local area where either of the applicants reside, such an application shall be presented to the Registrar, in person, by either of the parties,

(b) for sub-rule (ii) substitute following sub-rule:

(ii) After receiving an application as mentioned in sub-rule (i) by the Registrar he shall enter it in the bound volume of the application form and shall attest the same under seal, signature and date”.

(c) in sub-rule (iv) for the words “a true copy” substitute the words “a copy”.

(d) in sub-rule (v),—

(i) in the words “A true copy” substitute the words “A copy”.

(ii) omit the words “on the parties reside as the case may be”.

(iii) for the words “by registered post” substitute “by registered post or by speed post”.

(e) in sub-rule (vi),—

(i) in clause (a), for the words “not be later than fifteen days” substitute the words “not be later than thirty days”.

(ii) in clause (b), for the words “within thirty days” substitute the words “within sixty days”.

2. In rule 6,—

(a) omit sub-rule (1);

(b) for sub-rule (2) substitute the following sub-rule:

“(2) on receipt of an application, the Registrar shall,—

(a) on being satisfied—

(i) about the fact of marriage;

(ii) that the conditions mentioned in sections 5 and 7 are fulfilled; and

(b) after allowing a period of fifteen days for raising objection and after hearing such objection, if any, register the marriage by entering the particulars thereof in the Hindu Marriage Register as specified in Schedule C.”

(c) after the sub-rule (2) insert the following sub-rules:

(2A) The Schedule C shall be maintained in bound volume. The pages of this bound volume shall be machine numbered consecutively with an index attached. Both the parties to the marriage as well as three witnesses to the said marriage shall put their names, addresses and signatures in full with date in the said bound volume.

(2B) The period of validity of an application as mentioned in sub-rule (1) of rule 5, shall be six months from the date of such application and in case of non-resident Indian, such period shall be for one year.

(2C) In such cases where the register of marriage as mentioned in Schedule C, has been printed by the Registrar himself such register shall be duly authenticated by the Registrar-General of Births, Deaths and Marriages, West Bengal or by an officer duly authorised by him in this regard prior to the use of such register by the Registrar.

(2D) In case any register is used without authentication as stated in sub-rule (2C), the State Government may, on the recommendation of the Registrar-General of Births, Deaths and Marriages, West Bengal, remove the registrar after giving him an opportunity of being heard.

(2E) The Registrar may, on an application by both the parties, register a marriage under the Act outside his office and within the area for which he is appointed, on payment of such fees as specified in rule 9.”

(d) for sub-rule (3), substitute the following sub-rule:

“(3) If any minor error is detected in the application form as specified in Schedule A or in any entry in the Hindu Marriage Register as specified in Schedule C, such an error may be corrected with a noting in the margin of such application form or register without any alteration of the original entry by the Registrar concerned within two months after the detection of such error and in presence of the parties to the marriages who shall record their signature to such correction.”

(e) after sub-rule (3) add the following sub-rules:

“(4) Every such noting made in the margin of the application form or the register, shall be attested by the Registrar himself with signature, date and official seal.

(5) In case the parties to the marriage are absent due to death or any other reasonable cause, the Registrar may with a prior intimation to the Registrar-General of Births, Deaths and Marriages, West Bengal, rectify the error in the manner as stated in sub-rules (3) and (4) in the presence of two acceptable witnesses who shall record their signature, name and address to such correction.

(6) After correction of the application form or the register as stated in sub-rules (3), (4) and (5), the Registrar shall forward a copy of the corrected application form or the register, to the Registrar-General of Births, Deaths and Marriages, West Bengal.

(7) In case of relinquishment, resignation, retirement of a Registrar, the Registrar-General of Births, Deaths and Marriages, West Bengal or any other official duly authorised by him may rectify an error in the application form or the register on reasonable grounds, under his signature, date and official seal and in the mannar as

(b) in sub-rule (3), for the words “on demand”, substitute the words “as soon as entries in all the pages of a Hindu Marriage Register has been completed”.

(4) in rule 9,—

(a) for sub-rule (1), substitute the following sub-rule:

“(1) The following fees as mentioned in Table below shall be levied by the Registrar for the performance of his duties under the Act:

Table

Serial No Particulars Fees (Rs.)
(1) (2) (3)
1. For receiving an application of marriage for registering a Hindu marriage (to be paid by the parties to the marriage) 100.00
2. For recording an objection (to be paid by the party so objecting) 40.00
3. For every enquiry into an objection (to be paid by the party so objecting) 100.00
4. For registering a Hindu Marriage (to be paid by the parties to the marriage) 260.00
5. For a certified copy of—
(a) application in schedule A 60.00
(b) entry in Hindu Marriage Register in schedule “C” 60.00
6. For registering a marriage in schedule C at any time outside the office hours (to be paid in addition to fees in serial no. 4) 100.00
7. For registering a marriage in schedule C outside his office at any place within the jurisdiction of the Registrar (to be paid by the parties to the marriage in addition to fees in serial no. 4) 400.00
8. For making a search (to be paid by the Applicant)
(a) For first year 30.00
(b) For subsequent years 20.00
per year subject to maximum of 200.00
9. For inspection of original entry in the Hindu Marriage Register or application in the form specified in schedule A (to be paid by the Applicant) 20.00
10. For correction of any error in schedule C (to be paid by the Applicant) 50.00

Note.— The rate of fees mentioned in the Table above may be reduced by fifty percent of applicants of below poverty line on production of income certificate issued by the concerned Panchayat Pradhan of a Gram Panchayat or Councillor of Municipality or Member of the Legislative Assembly or Member of Parliament, of the area in which the applicant resides”

(b) in sub-rule (6), for the words “exceeds fifty”, substitute the words “exceeds rupees two thousand”.

(5) in sub-rule (1) of rule 10,—

(a) For the words “calendar month” substitute the words “week starting from Sunday and ending on Saturday”.

(b) For the word “month” substitute the words “week starting from Sunday and ending on Saturday”.

(6) For schedule A, substitute the following schedule:

“Schedule ‘A’
Application for registration of marriage under the Hindu Marriage Act, 1955

“Schedule ‘C’
Hindu Marriage Register

“Schedule ‘F’
Form of Receipt

10. In schedule H, for the words “month of” substitute the words “week ending on”.

2. This notification shall come into force with effect from the 1 st day of August, 2002.

By order of the Governor

(U.P. Ganguly)
Secretary-in-Charge to the
Government of West Bengal

No. 215-JL dated 28.05.2002, Source