enerscript/MARRIAGEACT · Datasets at Fast360

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purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of
such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy.
2
[81. Certificates of certain marriages to be sent to Central Government.—The Registrar General
of Births, Deaths and Marriages 3*** shall, at the end of every quarter in each year, select, from the
certificates of marriages forwarded to 4
[him], during such quarter, the certificates of the marriages of
which 5
[the Government by whom he was appointed] may desire that evidence shall be transmitted to
England, and shall send the same certificates, signed by 4
[him] to the 6
[Central Government].]
82. State Government to prescribe fees.—Fees shall be chargeable under this Act for—
receiving and publishing notices of marriages;
issuing7
[certificates for marriage] by Marriage Registrars, and registering marriages by the same;
entering protests against, or prohibitions of, the issue of 8
[certificates for marriage] by the said
Registrars;
searching register-books or certificates, or duplicates, of copies thereof;
giving copies of entries in the same under sections 63 and 79.
The State Government shall fix the amount of such fees respectively,
and may from time to time vary or remit them either generally or in special cases, as to it may seem
fit.
83. Power to make rules.—9
[(1)] The State Government 10[ may, by notification in the Official
Gazette, make rules] in regard to the disposal of the fees mentioned in section 82, the supply of registerbooks, and the preparation and submission of returns of marriages solemnized under this Act.
11[(2) Every rule made by the State Government under this section shall be laid, as soon as may be
after it is made, before the State Legislature.]

1. Subs. by Act 6 of 1886, s. 30, for “Secretary to a L.G.”.
2. Subs. by Act 13 of 1911, s. 2, for s. 81.
3. The words and figures “and the officers appointed under section 56” omitted by Act 48 of 1952, s. 3 and the Second Schedule.
4. Subs. by s. 3 and the Second Schedule, ibid., for “them respectively”.
5. Subs. by the A.O. 1937, for “the G. G. in C.”.
6. Subs. by the A.O. 1948, for “Secretary of State for India”.
7. Subs. by Act 1 of 1903, s. 3 and the Second Schedule, for “certificates of marriage”.
8. Subs. by s. 3 and the Second Schedule, ibid., for “marriage certificates”.
9. Section 83 re-numbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
10. Subs. by s. 2 and the Schedule, ibid., for “may make rules” (w.e.f. 15-3-1984).
11. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-3-1984).
20
84. [Power to prescribe fees and rules for Indian States.] Omitted by the A.O. 1950.
85. Power to declare who shall be District Judge.—The State Government may, by notification in
the Official Gazette, declare who shall, in any place to which this Act applies, be deemed to be the
District Judge.
86. [Powers and functions exercisable as regards Indian States.] Omitted by the A.O. 1950.
87. Saving of Consular marriages.—Nothing in this Act applies to any marriage performed by any
Minister, Consul, or Consular Agent between subjects of the State which he represents and according to
the laws of such State.
88. Non-validation of marriages within prohibited degrees.—Nothing in this Act shall be deemed
to validate any marriage which the personal law applicable to either of the parties forbids him or her to
enter into.
21
SCHEDULE I
(See sections 12 and 38)
NOTICE OF MARRIAGE
To a Minister [or Registrar] of
I hereby give you notice that a marriage is intended to be had, within three calendar months from the
date hereof, between me and the other party herein named and described (that is to say):—
Names. Condition. Rank or
profession.
Age. Dwelling place. Length of
residence.
Church, chapel or
place of worship
in which the
marriage is to be
solemnized.
District in which the
other party resides,
when the parties
dwell in different
districts.
James Smith.
Windower. Carpenter.
of full age.
16, Clive Street.
23 days.
Free church of Scotland Church,
Culcutta. Martha Green. Spinster.
…
Minor.
20, Hastings
Street.
More than a
month.
Witness my hand, this day of seventy-two
(Signed) JAMES SMITH.
[The italics in this schedule are to be filled up, as the case may be, and the blank division thereof is
only to be filled up when one of the parties lives in another district.]
22
SCHEDULE II
(See sections 24 and 50)
CERTIFICATE OF RECEIPT OF NOTICE
I, do hereby certify that, on the
day of , notice was duly entered in my Marriage Notice Book of the marriage intended between
the parties therein named and described, delivered under the hand of, one of the parties, (that is to say):—
Names. Condition. Rank or
profession.

purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of

such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy.

2

[81. Certificates of certain marriages to be sent to Central Government.—The Registrar General

of Births, Deaths and Marriages 3*** shall, at the end of every quarter in each year, select, from the

certificates of marriages forwarded to 4

[him], during such quarter, the certificates of the marriages of

which 5

[the Government by whom he was appointed] may desire that evidence shall be transmitted to

England, and shall send the same certificates, signed by 4

[him] to the 6

[Central Government].]

82. State Government to prescribe fees.—Fees shall be chargeable under this Act for—

receiving and publishing notices of marriages;

issuing7

[certificates for marriage] by Marriage Registrars, and registering marriages by the same;

entering protests against, or prohibitions of, the issue of 8

[certificates for marriage] by the said

Registrars;

searching register-books or certificates, or duplicates, of copies thereof;

giving copies of entries in the same under sections 63 and 79.

The State Government shall fix the amount of such fees respectively,

and may from time to time vary or remit them either generally or in special cases, as to it may seem

fit.

83. Power to make rules.—9

[(1)] The State Government 10[ may, by notification in the Official

Gazette, make rules] in regard to the disposal of the fees mentioned in section 82, the supply of registerbooks, and the preparation and submission of returns of marriages solemnized under this Act.

11[(2) Every rule made by the State Government under this section shall be laid, as soon as may be

after it is made, before the State Legislature.]

1. Subs. by Act 6 of 1886, s. 30, for “Secretary to a L.G.”.

2. Subs. by Act 13 of 1911, s. 2, for s. 81.

3. The words and figures “and the officers appointed under section 56” omitted by Act 48 of 1952, s. 3 and the Second Schedule.

4. Subs. by s. 3 and the Second Schedule, ibid., for “them respectively”.

5. Subs. by the A.O. 1937, for “the G. G. in C.”.

6. Subs. by the A.O. 1948, for “Secretary of State for India”.

7. Subs. by Act 1 of 1903, s. 3 and the Second Schedule, for “certificates of marriage”.

8. Subs. by s. 3 and the Second Schedule, ibid., for “marriage certificates”.

9. Section 83 re-numbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).

10. Subs. by s. 2 and the Schedule, ibid., for “may make rules” (w.e.f. 15-3-1984).

11. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-3-1984).

20

84. [Power to prescribe fees and rules for Indian States.] Omitted by the A.O. 1950.

85. Power to declare who shall be District Judge.—The State Government may, by notification in

the Official Gazette, declare who shall, in any place to which this Act applies, be deemed to be the

District Judge.

86. [Powers and functions exercisable as regards Indian States.] Omitted by the A.O. 1950.

87. Saving of Consular marriages.—Nothing in this Act applies to any marriage performed by any

Minister, Consul, or Consular Agent between subjects of the State which he represents and according to

the laws of such State.

88. Non-validation of marriages within prohibited degrees.—Nothing in this Act shall be deemed

to validate any marriage which the personal law applicable to either of the parties forbids him or her to

enter into.

21

SCHEDULE I

(See sections 12 and 38)

NOTICE OF MARRIAGE

To a Minister [or Registrar] of

I hereby give you notice that a marriage is intended to be had, within three calendar months from the

date hereof, between me and the other party herein named and described (that is to say):—

Names. Condition. Rank or

profession.

Age. Dwelling place. Length of

residence.

Church, chapel or

place of worship

in which the

marriage is to be

solemnized.

District in which the

other party resides,

when the parties

dwell in different

districts.

James Smith.

Windower. Carpenter.

of full age.

16, Clive Street.

23 days.

Free church of Scotland Church,

Culcutta. Martha Green. Spinster.

…

Minor.

20, Hastings

Street.

More than a

month.

Witness my hand, this day of seventy-two

(Signed) JAMES SMITH.

[The italics in this schedule are to be filled up, as the case may be, and the blank division thereof is

only to be filled up when one of the parties lives in another district.]

22

SCHEDULE II

(See sections 24 and 50)

CERTIFICATE OF RECEIPT OF NOTICE

I, do hereby certify that, on the

day of , notice was duly entered in my Marriage Notice Book of the marriage intended between

the parties therein named and described, delivered under the hand of, one of the parties, (that is to say):—

Names. Condition. Rank or

profession.