, I .

•
PtJNJAl\ (IOV'!" ClA7.. (FXT~), JANUARY 04, 201.3
_______ " (PALJSA 14, 19~~~_A_K_A_) --
PART-TV
, .
DEPARTMENT O"l' LEGAL AND LEGISLATIVE AFFAmS,
PUNJAB
NOTIFICATION
The 4th January, 2013

Nil. 1 •. ,.(;.120'13 .. Th •. followioR Act

of the Lc"islalUre of the State of
Punjab received the assent of the Governor of Punjab on the 4th JilllUc:ry,
2013, is hereby published for general information :-
TilE PUNJAB COMl'ULSpRY REGI5TRATIO['; OF
;'vIARRIAGES ACT, 2012
(Punjab Act No. I of 2U13)
AN

I.(~ fJ((),,.'idt: jar ,he cumpu/sury rl!g l.\{r U /I( J fI uf Jlw rru/(;cs .\(lh 'J I!J li.~ l,1 lid.:.,
any IUt~' guv('rtllng rJh~ /J U rl/I!,') irreSPl.!crJ~"~'...oj ,heir religioJl, ~~~'. ::..e~.1
or natiollalilY and/or the mallers conneci ,/herewith or incidi!J1WI liltfrt.:lO .
_ - - - - ; ~ i .
l3e it enacted by the Lagislature ofth ;.~late of Punjah ill the S.X1Y.(hid
" ,,'
Year nfthe Republic of India as follows:- " Sb:.n tdc: and
CU;IlIl,::nccmcnt.
1. (I) This Act may be called the Punjab Compulsory Registration
of Marriages Act, 2012.
(2) It shall come into force on such date, as the 5t!'te Govcrl1l"cilt may.
by notification in the Official Ga:t.ene, appoint in this behalf. Oc.:finitiollS
2. In this Act, Unless IficC;;'te;1 otherwise required,.
"Chic,;f l(cgi~lral' of Marriages" means tIll: Chil'!" R ~ 'J '/.Ir ;l! of
I a)
Marriages, appointed as'such by the Slate Govcrlllnenl und~:
Section ~;
"f)i'itril"{ R q.',istr;lr of Marriages" means the ! ) ; s t r i . ~ ~ l~(""i'.i...
l r ; ~ r .01'
fhi
tv1arrii.igcs,appoinp:d as such by the State C ( ) V L : II II I .''':I : : : '~ ;, . ~ :) !;.;t: .• .:

under section 10:

Ie) "foicign national" means any p~f~,m who is liot a citii'.en of India
and shall include Persons of l!i~~n Origin (1'10) alld Overseas

__
Citizens of India (D C I); ~.

Id)
"marriage" means unu inc.:luoes a marr!ug.~, so!r;::l1!lizcd
------ .. ~_._~-_ in tnt: Sl:liC
.. .

" .
 I

2
'.
PUNJAB GOVTi . AZ. (EXTRA), JANUARY 04. 20 13
(jl~ SA 14, 1934 SAKA)
"fPunjah \lnder aJ1Yof the followingAct,C\lSIOIllS or laws. namely;-
--------------

(i) the Indian Christian Marriage Act. I xn.; (') 0'. I X'12);
(iii the. Anand Marr~age Act, 1909 (7 of 1901i);
- - - ..... .-
( HI) I lit: /'vl tl~, 11111 1'•...1 ''>( IIwl I .nw (Sharial) A ppl iI' ;11 i l i l l ; \ I: I, 1017 (: ( 1

of 1937); "-'.~' = = = , - . - - ~ - , " . " . _ -

••. v
(iv) the lIindu Marriage Act, 1955(250f1955);or
.---_._--_--.:- ..-.-.•.. ----.-.:---...,.. ..--- ._.- .
(v) any other custom or porsonallaw relating to marriages;
, .. - .--- ._-~---,-_.' . .~ ..._- - .-;'

(e) "marriagt: registcr"'means a register of marriages maintained unner

this Act;

( j) "Municipality" means an institution of self-government constituted

\lnd~r article 243Q of tile Constitution of India;

(IU "Non-resident Indian" (NRl) means a person of Indian origin. who

is either permanently or t~mporari I)' sealed outside India for any of
thCIOIiOWingpir ose5."- --.'- -- -.- --.---~
,y.
(i) fororon -: ngupt:mployment outside India; Of

Ili) tor carryi~; . on a business or vocation outside jfl(lia; or

(Iii) for any other purpose, as woulJ imJictll>': [ l i ~ . ./hcl intclltiul\ in

such circumstances to stay outside the lerriloriall im i[s of India
for an uncertain ordeterminecl period for fultilli!lg or completing
\1 l~ .1 1 f1tJrpose~

( iI) "Panchayat"means an institution (by whatever name called) of

self government for the rural areas constituled under article 243 n
of the Constitution of India;

(i) "prescribed" means prescribed by the rules made under this Act;

OJ ' "Priest" means any pel1ion performing religious rites of any religion
..•.... and who has solemnized the marriage, sought to be registered;

(k) "Registrar of Marriages" means a Registrar of Marriages appointed

as ,uch by the State Government UriaCrseci'i'on Ii;znd'"
(I) "State Govern~;llt" means the Government ofth;SI'~ of Punjab.
:It I •
Every marnage ( 0 3. On ur atter the It~inmencemcnt of lhis A":l. CVl,,"IY l1\arflabe.~

--_ .. _._'
he rc:gislcr~<.I,
(t) br.:lwecn the parties, who arc Indian lIaliunals; 01
 ._ - - - - _ .-

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PUNJAB GOVT. G Al. (EXTRA), , JANUARY 04, 20lJ
( (PAUSA 14, 1934,: KA)
'- (iii between the panics, one of' om at least is a citiz.en of Inuia
and other a non-resident Indian or a foreign national,

solemni7.ed or perfomled irrespective of religion, caste, creed or nationality

shall be registered.in the manner as providedTr;-;ection 4; _.- ,.----

Provided Ihat in case of any marriage, where one of the parties is non-
resident Indian or foreign nalional, it shall be mandatory for such parties to disclose
and mention in writing, his/her passport-number, name of countrY [roni which it
has been issued and its period of validity, besides his/her permanent residential!
rr
official addreSs in the country of current Overseas abode itiidfiiSihervalid~p;:;;~;1I
social security number or any such similar ~ther Tndclific'atTo~proof officially
issued-bYihecoluiiry offoreign' abode, which"fOfOrmaiiOilshall be entered in'the'

II.
eertifical~ 7;t:;;;;;;riagc as also in the-;narriage register.
4. The parties 10 a marriage or any Dfthe;r parents or rei;lliolls.
(I) t\kllw!"andul1l of
tv1amagt'
shall prepare and sign a memorandum in such forill. as may be prescribed, and
shall present the same in dupli~te to the regisnmorMarriages as per j,rovisiolls
{ ) f
,...---. .. . - - -. - - - ---..: ._ .- - . _.
section 5, wilhin;\ perino of three lIIonlh'l from the d:ltt: of the rtlilrriagc.

(2) '111ememorandum shall also be ~". d by the pries\.

(3) The memorandum shall be aecolTI . nied by such fee in the form of
court fee stamps and shall be anested by suc person, as may e 'prescrilJeO:
I - - - - - - - . . - - , , " ' - - - - •

~ ._"- - _ . _ , - - - - - - - - - - - - - - - - - - - - -
(4) Where the Registrar of Marriages, before whom the mcmorundll~l
is presented under sub-section (1 l, on scrutiny finds or otherwise has reaSOlito
believe that,-
(aj the inarriage between the parties, has not been performed in
accordance with the personal law, applicable to the parties; or

(bi the identity of the parties of the witnesses or the persons, testifying
the identity of the parties and the solemnization of the marriage is
not established beyond reasonablo doubt; or

( e ) the documents
..• attached to the said- memorandum _.. do
-~
not prove Ihe
. -
marital status of the parties,
he may, after hearing the parties and recorditlg the reasons to do so ill wriling, \1,
refuse to register lhe marriage, and may - ...- - -
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - l- .

Ii) call upon the parties to proctllue

, ,t such further
. infDI'lllalioll or
, "

documents. as he may deem 'necessary for cswhlishing the:

i
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• 4 PUNJAB GOYT. GAZ. (EXTRA), JANUARY 04, 2013

(PfI,l;l A 14,1934 SAKA)
identity oft .'. artics and the witnesses or correctness orlhc
information 6'r'doeuments, presented to him or for any other
reason specified in writing; or
(ii) if deemed necessary, refer the relevant documentS to the
concerned Government agency within whose jurisdiction, the
part ic:s I csidc for verification.

(5) Where on scrutiny of documents presented to him '"' un further

information as prQvided under sub-section (4), the Registrar ot' :V1:lrriag~s is
satisfied that there is no ohjection to register the marriage, h~ shall enter lIlt: .~I

([ same in the marriage register within the prescribed period. Ifin Ihe "pin;')11 of
the Registrar of Marriages, the marriage i"sIlot tilforr;;g1stration,
an order of refusal, in writing, after recurding the reasons therefor alld send a
he shall pass

~opy the~e~;fWthe r~lrictRCgTSimrorMiirrlages. ..-"-'

(6)' Notwithstanding allything contained in sub-section (5), the Registrar

of Marriages either slIo-mOIO or otherwise, may enter any llIarriage, which
takes place in his jurisdiction in the marriage register, alier calling the parli~s
'-0.
and ascertain ill!; the facts, required for registration of marriage. l.-t of' f 3 ~
t.{P.-:>'iI ~ 1 J l1

I II
(7) The persolls who~e solemnized their marriages, before the date "7 F r)h i 7,) .
of commencement of this AqlfWay also get their marriages registered, if they .bl.<(. '"""' '!
;;,.£'(0 h .- ~
• or any of them, w~re resident~'ofthe State of Punjab althe time of marriage,
subject. however.7othe provisions of this Act. '. '
..-= = -- - = = " ~
(8 )~ !f a marriage is alrea~y registered outside the Slale "I f'unjah. ,I
shall n()t,r~istered again in tlie State of Punjab .. ----

5. (1) The rTll:moran,dwn of marriage may be.: submitted ltl tIll:

Memorandulll of
marriage submit. Regislrar of Marriages, after the tlie expiry of a period Df lliree Illil ,,""ll!l'.
ted after the not after six months, alongwith such fee, as may be 'pi~s';:ibc:~j,";:i;;;;;;,~ihi"g
stipulated period'. the reasons for not submitting the said memorandum within the stlpulatedl;Cri()(C
(2) Any marrillgc of which delayed infonmltion is given to the Registrar

of Marriages. after the expiry ofa period of six months, but within one year of
its occurrence, shall be registered only with the written pennisson of the ((
presc';ibed a,nhority and on payment of the prescri~c and submission of
an affid~vit duly attested by a Notary Public.or any other ;i~authoriz.:d by •
~1ilair.
l
the State Governmentm this
- (3) Any mnrriage, whl~h:S not been registered witliin a period orone \

" -'.__
year from the date of its occ~r,~nee. shall be registered only with the wrilte"
.' -_.- _.------ ..- - ' -~
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PUNJAB GOVT. GAZ (EXTRA), JA~UARY 04, 20 13 5
ll'AllSA 14,1934 SA ': )
permission oflhe Chief Registrar "fMarriages ~n 'I'n payment of such fee, as
may be prmribedund 0-;:;submis~, ~-;,-;;r;~ftid~jifl duly attested b)';".;~l-ofiicer
authorized by the State Governmwt in this behalf.
,

II
6. The Registration of marriage shall be made in the office of the Place or
ReJlislrar of Marriages, within whose jurisdiction the marriage was solemnized rcgisrr~uiofl
.- - - _ .0 _ _

or within whose jurisdiction,

• _ ~ • _ . ._ . _ _

dther or both parties tIl ihe marriage have their

• • • • ,

orm.1rriag~
permanent place of residener rn case of marriages, solemnized olltside the
State of Punjab-the registrntion of marriages can be made in the office "f
Registrar of Marriages where either party or parties thereto have their'
temporary residence in' the Slate of Pun iab. -,

7. (J) Any person,aggrievedby the order of Registrar of Marriages Appeal.

---_ .--.:..~ --~ ------......,......,----.,...,..,..
refusing to register a rnarriagc lInder slIb.scction (5) ofSCCliotl4. may. withill
a peril)d of thirry days from the date of passing of such order, appeal 10 the
District Registrar of Marriages ill such manner lind on payment or~uch fecs,
as may be prescribed.

(J) The D iSlric( ({c.:gistnJr 01" Marriages llJay, ancr giv jug ~an0PP0I1 Ullil)
of being heard to the parties concerned, pass an 0r?er confirming the order of
the ~egistrar of M.arriages or ~ftcr recording the.f~pons, ill w,.;ting, direct Ilw
RegIstrar o~ Marriages to regtster the ,mamage ~'~ay pass _s~eh_~rder, ~s J~e
may oeem lit." ... ;~l

(3) Any person aggrieved by the order of the District Registntr of .--t", c.... t,
Marriages confirming the order of refusal 10 register a marriage under
'sub-scctinll (2), iliaI', within a period "fsixly days from the date of receipt or (., c )" j,('
such order, further appeal t-; the Chief Registrar of Marriages in such manner'
and on payment of such fcc, as may be prescribed.

'II
• . I

f.J) The Chief Registr~r of Marriages, after giving an opportunity of

being heard to the parry coilcerned, shall pass an order confirming the order of
the District Registrar of Marriages or the'Registrar of Marriages concerned I' ,
Or after recording the reasons, I I I 'writing, direct Ihe District Registrar of
Marriages Or the registrar of Marriages wllcemed, as the case may be, t"
regi'ler the marriage or shall pass such order, as he may deem IiI.
---_. - - - - - - - - -
8. No marriage in thc State of Punjab shall be decmed tll bc invalid ~~on~r~gislra(ioll
solely by tbe reason or the fact that it was not registered under this Aet or thai
the memorandum ~as not presented to the registrr,r of Marriages or thai S tlu ll
not to Invalidate:
m nlTlag~. l/.
memorandum was. defective or incorrect. - .1).- .
.,
- - - - - - - - - - -- -- '- - " -::-. - - -
 . '

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• 6 PI JNJt\1J (;OVI'. ()AZ. (l-:XTRA), JANl J,\RY 0.1.;() 11

(P~PA 14,1934 SAKA)
Chief Registrar of ---9-. --(-I)"""-F-o-r-c-a-r-'ry ij
out the purposes of this Act, the S~ate of <,fl.
Marriages:.
Goveflllllent shal/. bynotificntJon in the Official Gazcue, appolIlI an olllccr, to r rtf.
he the Chief Registrdr of Marriages and such other officers to assisl him, as it
may dc;m'fii,'--' - '~ II
(2) The Chief Reg;,trar of Marriages shall ha~e jurisdietio.n OVcrwhole
of the State of Punjab and shall have all the powers and perform all Ihe duties
conferred and imposed upon him under this Act. All othcr officers, appointed
under sub-section (I), shall exercise soch powers, as may be conferred IIpon
them by the State Government.

J
.PYA..
(3) Every officer, appointed under sub-section(l), to assist the Chief
. Registrar of Marriages, shall exercise his pOwers, subject (0 thc general () .c...
superintendence and control of the Chief Registrar of M~lr;'iHgc's. -I. 'i'f f i i l -
( /1 /.
(/) The Chief Registrar of Marriages shall be the ~:hlc:f r'Xcelllive
Authority in the State of PUlljab for the
, purpose of giving dfecl to the provi,ions
of this Act and the rules made .thereunder. For this purposc, he may i"ue
direclions to all concerned to co-ordinate and ;,ssi,1 in the worki"I', nf
rcgiS[nltion ofnutrriagcs in an cfticicnr wa.y and shall prcpan:: u repurt ifllliis
regard in such form and s!1~JJjjl the same to lhe Slale GovcfIlmcrll in sllch
manner and at such interv~NJas may be prescribed. '--_~
District Registrar
.-----.--~-- .-~--nr ---,-- -_,

I
of Marriages. 10. (I) The Stnte Government shall appoint II D iw ic l Registrar of D,I?. .
-. , . Marriages for each District and such number of Additional District Registrars
ofMarri,ages, as it m~y d ~ fit:
~ ~who-shall, subject'iei the general control and
Dc....
Mdl./:>.(
dir;~tions of the District Registrar of Marriages, discliarg., ~uch'funcd;;ns:-~~
the' District ~~gistrar ~-f-M-.
-ar-r-ia-g-c-'s-m-a-y-,
-fr-o-m~iimc-l-o--t-il-n-e-,
u-s-'s-ig--',-)
t-o-t-h--e-m:--' ~f¥J
(2) Subjeetto the gencrul superintendence and control of the Chief
,
,'
I( ,
Registrar nfMarriages, the District RcgistrarofMarriages shall, superintendent
the registratinn of marriages in the district, and shall be responsible for giving
elfCCI I I I the pr~vjsillns llf this 'Act and the rulcs made thereundcr lIr Ihe
directinns issued by thc'ChicfRegi~trar of Marriages from time 10 lime.
Regislrdr of
Marria.ges.
J I. ( I ) The State Government shall appoint a Registrar of
.Marriages lor comprising the area nf a tehsil or suh-tehsil Ora eCllnbinalinn of
any tl;V!'nr more for carrying into execution in such "rcas thc provisions of
this Act;

Provided thai the SJat~ Government may appoinl, in lhe caSe of

' .• 1

Municipality or l'unehaya,14~;/l'Oup of Panchayats, uny offiecr or employee

l ~ ,~ :
,
 1
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7
PUNJAB GOVT. GA'/.. (EXTRA), JANUARY 04, 2013
' ..
• (I'AUSA 14,1934 ' . KA)
------------
thereof, to be a Registrar of Marriages
; l.
und
e provisions of this Act.

(2) The Registrar of Marriages may ai~o S lio-m o/(), or on not icc. without
" T '" - - - - - . - - . . _ - - ,

fcc or reward, enter and register any marriage which takes. place ill Iti,
jurisdiction in the marriage register maintained under this Act, afier call illg the
parties concerned and ascel1aining the faets- which requirc such marriage to

-
be r;gi'st~~e'!:.." •.. ~. -----

(3) Every Registrar of Marriages shall have an office in the local area
of his jurisdiction for which he is so appoiuted. ..- ..- .--

(") Every Registrar of Marriages shull attend his office for the purpose
of registering marriages on such days and at such public hours as the Chief
Registrar may oireet and shall ea'-Ise to be placed in a conspicuous place Oilor
ncar the outer door of his office, a board bearing, in the local language, his
name and the designation of the word "Registrar of Marriages" and the public
days and hours of his attendance, .

Ii .
12. Every Registrar of Marriages shull maintain a marriage rcgiste~ Mainlenancc of

!
marriage register.
for the area or part thereof, ill relation to which he exercises jurisdiction in
such form, language and manner, as may be prescribed.
- _ .- - - - - - - - ~ Correction or
13., If the ~{egistrar of Marriages fin~~lhat any entry ofa l1Iar~iage in
l::.lTlc'L"llatiofl of
tltc marriage regISter kept by hn'n undcr ta~fAet, IS erroneous III tOrll' or entry in the
substance or has been fradulently or impropc'/ly made, he may, subject to s\leh marTiage register.
rules. as may be made by tbe State Government with respect to the conditions
on which ulld the circumstances in which, such cntric!i may be corrcctcc or
cancelled, correct the error or cancel the entire by making a suitable elltry ill
the margin. without any alteration of the original entry, and sball sign and
anest suc\( entry. made in the margin and indicate the date of corrcction or
cancdlatiol\ , S. o made .. .
l)rovidccJ that 1 1 0 ~ L Jl;h l.:o rrc l,;lio n OJ ultcrutioTl shall he made \0 the
deteriment of any person without giving him an opportunity ofheing heard.

14. (I)Subjectto the rules made.in this behalf by the State Government Search of
in~ludingrules relating tothc payment of tees and postal charges, any person may,- marriage regiSler.

(a) c;~se a search to be made in the presence of the Registrar of

Marriages or any other officer or official. duly authorized by him.
for any entry in a register of marriages; or
(b) obtain an extract from such regi~f~f relating to any marriage,
'.I
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•
8 PUNJAB GOVT. GAL (EXTRA), JANUARY 04. 2013
(pAUSA 14, 1934 SAKA)
(2 ) All exlraels. su~dI."d under sub-section (I). shall be ccrtifi~d by the
Registrar of Marriages or aljr~th';r officer authorized by Ihe Stale Govemment
to supply such e:<lracIS as provided in section 76 of the Indian Evidence Act.
1872 (Central Act 1 of \ 872), and shall be admissible in cvidence for the
purpose of proving the marriage to which thcsc cxtracts relale.

15. Any person. who.-

Penalty.
(a) Willfnlly omits or fails"to present or send memorandum as required
under seclion 4;or
(b) makes any statemenl in such melllorandum. whieh is false iOlllaterial .
par';icuiars and which he knows or has reason 10 believe to be false;

or
(e) sec;retiy destroys or dishonestly or fraudulently alters the marriage
reg.ister or any part thereof.

shall bc liable to fine. which may extllfldlO one thousand rupees.

16. Thc Chief Registrar of Marriages. the District Registrar of

Chief Registrar of
Marriages.
Marriages.lhe Registrar of Marriages and other officer>. appointed to perform
functions u'.1der this Act, shall be'deemed to be public servant~ within the
rI,
District Registrdr
of Marriages. meaning of section 21 oftOP l~dian Penal Code. 1860 (~5 uf 1860)
Registrar of ,--:- ,i!~ = " ---_.
Marriages and . ' :!t~
",
other officers to , I

u.
be public
servants.
17. No suit, prosecution or other legal proceeding shall he, instituted
Protection of
against any person for anything which is in good faith. done or intcnded to bc
actions taken in
good faith. done under this A e t:---~ '+ -- - ._ -----
18. (J) The State Government may, by notification in the Official
Power of the
State Govc:mmenl
Gazettt, make rules for carrying out the purposes of this Act - --~.
10 make rules. (2i 10 particular and without prejudice to the llcncmlity "rthc fmeg,)iog
~. powers such rules may provide for all or any of the following maller, namely.
'raj the form of memorandum. fec and the person, who shall aUest
the same. under sub-section (1) and (3) of section 4;
(b) the period within which a marriage is to be registered under
sub-section (5) of section 4;
(e ) the fec payable under sub-section (I ),(2) and (3) of section 5;
(d ) the authorily Jllentioned in sub-section (2) of section 5;
 PUNJAB GOVT. GAZ, (EXTRA), JANUARY 04, 2013 9
(PAUSA 1.&:1934 SAKA)
<:•• t,.
(e) lhe manner and fep.tor
. t.:
filing an appeal under suh-seclion (I)
of seclion 7; " ','
(fJ the ",arlnCI and rcc I 'M filing of further appeal under
sub-section (3) o j scciion 7;
(g ) the form, manner and interval> at which the !Cport of W i l l ' king
of registration of marriages under this Act is 10 be submined
under sub-section (4) of section 9;
(h) the form, language and manner in which marriage register is
, under section 12;
to be maintained
(i) the conditions on which and the circumstances in which, entries
may be corrected or cancelled under section 13;
(j) the fee for search of any entry in a marriagc register and for
obtaining an extract undcr sub. section (I) of section 14; and
(k) any other matter required to be prescribed by or under this
Ael.

(3) Every rule made under this section, shall be laid, as soon as may be,
aftcr it is made. before the House of the Slare Legislature whilc it is in session
for a total period often days, which lIlil:' be comprised in one session or in IWO
or more successive sessions, and ifjl'tore lhe expiry ofthc session in which
. " ,',.'t',
it is so laid or the successive sessid.~fllS afon:said, the House agree in making
any modification in the rule or the House agree Ihatlhe rule should not be
made, lhe rule shall thereafter, have;;m;ct only in such mOdified form or be or
no effect, as-the case"m'ay' he, so' however, thar"any such modificaiiol~-O;:",
~ .-.... ._..... -._.. -_.~
,

annulment, shall be without prejudice [0 ' the validity of anything prev'iously

done 'under iKatrlile: -_ .... -' .. -'-:--~-- ~
'ovisions not to
: derogatory to
19. The provisions of this Act shall be addition to and not in..... ~
derogation - - -
of the provisions of the Indian Christian Marriage'Act, 1872 (15 of 1872), the
.rtain Jaws.
Anand Marriage Act, 1909 (7 of 1909), the Muslim Personal Law (Sharial)
Application Act, 1937 (26' of 1937) and the Hindu Marriage ACI, 1955 (25 of
1955), - •

H,P,S. MAHAL,
Secretary to btivemment of Punjab,
Oepanment of Legal and Lcgi~la[ive Atrairs.

OI16l1.101J11'b, Guy/. Press, SA,S N'll{ar

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