(3) This section shall come into force at once. Section 5-B will come into force on date of commencement of Bombay Registration of Marriages (Amendment) Act, 1977 [Mah. Act XXIV of 1977²]. The remaining provisions of the Act shall come into force in such area on such date as the State Government may, by notification in the Official Gazette, appoint.

## Section 2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

(1) “to contract a marriage” means to solemnize or enter into a marriage in any form or manner;

(2) “marriage” includes re-marriage;

(3) “memorandum” means a memorandum of marriage mentioned in Section 5;

(4) “priest” means any person who solemnizes a marriage;

(5) “register” means a register of marriages maintained under this Act;

(6) “Registrar” means a Registrar of Marriages appointed under this Act;

(7) “Registrar-General” means the Registrar-General of Births, Deaths and Marriages appointed by the State Government for the State of Maharashtra under the Births, Deaths and Marriages Registration Act, 1886 (VI of 1886);

(8) “Schedule” means the Schedule to this Act.

## Section 3. Appointment of Registrars of Marriages.—The State Government may appoint, either by name or by virtue of their office, so many persons as it thinks necessary to be Registrars of Marriages for such local areas as it may specify.

## Section 4. Every marriage in State to be registered.—After the date on which the provisions of this Act have been brought into force in any area under sub-section (3) of Section 1, every marriage contracted in such area shall be registered in the manner provided in Section 5.

## Section 5. Memorandum of marriage.—(1) The parties to a marriage to which Section 4 applies, or their fathers or guardians when they shall not have completed the age of 18 years, shall prepare and sign a memorandum in the form in the Schedule and shall deliver or send by registered post the said memorandum in duplicate to the Registrar of the area, within a period of 30 days from the date of the marriage:

Provided that where the marriage is contracted without the consent of the father or guardian of a party, such party and not the father or guardian shall comply with the provisions of this sub-section.

(2) The memorandum shall also be signed by the officiating priest, if any.

(3) The memorandum shall be accompanied by a fee of rupee one.

(4) The Registrar shall maintain a register of such marriages. On receipt of the memorandum the Registrar shall file the same in the register and shall send the duplicate copy thereof to the Registrar-General.

5-A. Memorandum of marriage submitted after 30 days.—(1) A memorandum regarding any particular marriage may be submitted to the Registrar after the expiry of the period of 30 days specified under sub-section (1) of Section 5. Such memorandum shall be in the form, and shall be signed, as provided for in Section 5 and shall be accompanied by such fee not exceeding rupees ten as may be prescribed. On receipt of such memorandum the Registrar shall file the same in the register and shall also send the duplicate copy thereof to the Registrar-General as provided in Section 5.

(2) Nothing in sub-section (1) shall affect the liability of any person who has wilfully omitted or neglected to deliver or send the memorandum within the period specified in sub-section (1) of Section 5 to any penalty under Section 8.]

5-B. Voluntary registration of marriages contracted in areas in which remaining provisions have not been brought into force.—(1) In any area in the State of Maharashtra in which the remaining provisions of this Act have not been brought into force by a notification under sub-section (3) of Section 1, the parties to any marriage contracted in that area, or their fathers or guardians when they shall not have completed the age of 18 years, may if they so desired, prepare and sign a memorandum in the form in the Schedule and deliver or send by registered post the said memorandum in duplicate to such Registrar as the State Government may, from time to time, by notification in the Official Gazette, specify in this behalf. The memorandum may also be signed by the officiating priest, if any. The memorandum shall be accompanied by a fee of rupee one of it is sent or delivered within a period of 30 days from the date of the marriage and a fee not exceeding rupees ten as may be prescribed if it is sent or delivered after the expiry of the aforesaid period of 30 days.

(2) On receipt of any such memorandum, the Registrar shall file the same in the register of marriages maintained by him and shall send the duplicate copy thereof to the Registrar-General as provided in Section 5, and other provisions of this Act shall also apply to such memorandum as they apply to any memorandum submitted to the Registrar under Section 5 in any area in which that section has been brought into force, subject to the following modifications, namely.—

(a) In Section 8, in Clause (2), for the words “in such memorandum” the words, figures and letter “in any memorandum submitted under Section 5 or 5-B” shall be deemed to be substituted.

(b) In Section 9, for the words and figures “pursuant to Section 5” the words, figures and letter “pursuant to Section 5 or 5-B” shall be deemed to be substituted],

## Section 6. Register to be open for public inspection.—The register maintained under this Act shall, at all reasonable times, be open to inspection and certified extracts therefrom shall on application be given by the Registrar on payment by the applicant of a fee of rupees two for each such extract.

## Section 7. Non-registration not to invalidate marriage.—No marriage contracted in this State of Maharashtra and to which this Act applies shall be deemed to be invalid solely by reason of the fact that it was not registered under this Act or that the memorandum was not delivered or sent to the Registrar or that such memorandum was defective, irregular or incorrect.

## Section 8. Penalty for neglecting to comply with provisions of Section 5 or for making false statements in memorandum.—Any person who—

(1) wilfully omits or neglects to deliver or send the memorandum as required by Section 5, or

(2) makes any statement in such memorandum which is false in any material particular, and which he knows or has reason to believe to be false,

shall, on conviction, be punished with fine which may extend to two hundred rupees.

## Section 9. Penalty for failing to file memorandum.—Any Registrar who fails to file the memorandum pursuant to Section 5 shall, on conviction, be punished with rigorous imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

## Section 10. Penalty for secreting, destroying or altering register.—Any person secreting, destroying, or dishonestly or fraudulently altering the register or any part thereof shall, on conviction, be punished with imprisonment for a term which may extend to two years, and shall also be liable to fine.

## Section 11. Registrar to be public servant.—Every Registrar shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (XLV of 1860).

## Section 12. Indemnity to persons acting under this Act.—No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act.

## Section 13. Power to make rules.—(1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:

(a) the duties and powers of the Registrar;

(b) the forms and manner in which registers or records required to be kept by or under this Act shall be maintained;

(d) the fee to be paid under Section 5-A.

## Section 14. Savings.—This Act shall not apply to marriages contracted under the Special Marriage Act, 1954 (XLIII of 1954), the Indian Christian Marriage Act, 1872, or the Parsi Marriage and Divorce Act, 1936 (III of 1936).

THE SCHEDULE

Form

(See Section 5)

MEMORANDUM OF MARRIAGE

1. Date of marriage.

2. Place of marriage (with sufficient particulars to locate the place).

3. (a) Full name of the bridegroom.

(b) His age.

(d) Address.

(e) Status of the bridegroom at the time of marriage whether

unmarried

widower

divorced

married, and if so, how

many wives are alive.

(f) Signature of the bridegroom, with date.

4. (a) Full name of the bride.

(b) Her age.

(d) Address.

(e) Status of the bride at the time of marriage whether

unmarried

widower

divorced

(f) Signature of the bride, with date.

5. (a) Full name of the father or guardian of the bridegroom.

(b) His age.

(d) Address.

(e) Signature of the father or guardian of the bridegroom with date.

6. (a) Full name of the father or guardian of the bride.

(b) His age.

(d) Address.

(e) Signature of the father or guardian of the bride, with date.

7. (a) Full name of the officiating priest.

(b) His age.

(d) Address.

(e) Signature of the officiating priest, with date.

NOTIFICATIONS UNDER BOMBAY ACT V OF 1954

G.N., L.S.G. & P.H.D., No. RGM-1153(a), dated 20th December 1954 (B. G., Pt. IV-B, p. 1706)

In exercise of the powers conferred by sub-section (3) of Section 1 of the Bombay Registration of Marriages Act, 1953 (Bom. V of 1954), the Government of Bombay is pleased to appoint the 15th January 1955 as the date on which and the areas specified in the Schedule hereto annexed as the areas in which Sections 2 to 14 of the said Act including the Schedule thereto shall come into force.

SCHEDULE

Areas within the limits of—

(i) Greater Bombay;

(ii) the Cities of Ahmedabad and Poona as constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949);

(iii) all the municipal boroughs as defined in the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925);

(iv) all the municipal districts as defined in the Bombay District Municipal Act, 1901 (Bom. III of 1901);

(v) all the cantonments in the State of Bombay declared as such, under sub-section (1) of Section 3 of the Cantonments Act, 1924 (II of 1924);

(vi) areas of gaothans of villages which are headquarters of taluqas or mahals, not being areas falling under Clauses (i) to (v) above.

G.N., U.D. & P.H.D., No. RGM-1164(a)-C, dated 12th March 1964 (M.G., Pt. IV-B, p. 286)

In exercise of the powers conferred by sub-section (3) of Section 1 of the Bombay Registration of Marriages Act, 1953 (Bom. V of 1954), the Government of Maharashtra hereby appoints the 1st day of April 1964 to be the date on which and the areas specified in the Table hereto annexed as the additional areas in which Sections 2 to 14 (both inclusive) of the said Act, including the Schedule thereto shall come into force.

Table

Areas within the limits of—

(i) the Corporation of the City of Nagpur as constituted under the City of Nagpur Corporation Act, 1948 (C. P. & Berar II of 1950);

(ii) all cantonments declared as such under the Cantonments Act, 1924 (II of 1924), in the Vidarbha region and Hyderabad areas of the State;

(iii) all municipal committees constituted under the Central Provinces and Berar Municipalities Act, 1922 (C. P. & Berar II of 1922);

(iv) all municipal committees or town committees constituted under the Hyderabad District Municipalities-Act, 1956 (Hyd. XVIII of 1956);

(v) the areas of gaothans of villages in the Vidarbha region and Hyderabad area of the State, which are headquarters of tahsils or mahals, not falling under Clauses (i) to (iv) above.

G.N., L.S.G. & P.H.D., No. RGM-1 153(b), dated 20th December 1954 (B. G., Pt. IV-B, p. 1706)

In exercise of the powers conferred by Section 3 of the Bombay Registration of Marriages Act, 1953 (Bom. V of 1954), the Government of Bombay is pleased to appoint all the Sub-Registrars and the Joint Sub-Registrars appointed under the Indian Registration Act, 1908 (XVI of 1908), to be Registrars of Marriages for the local areas falling within their respective jurisdiction, in which the provisions of the first mentioned Act have come into force.

G.N., U.D. & P.H.D., No. RGM-1 164-(6)-C, dated 12th March 1964 (M. G., Pt. IV-B, p. 287)

In exercise of the powers conferred by Section 3 of the Bombay Registration of Marriages Act, 1953 (Bom. V of 1954), the Government of Maharashtra hereby appoints all the Sub-Registrars and the Joint Sub-Registrars appointed under thelndian Registration Act, 1908 (XVI of 1908), in the Vidarbha region and Hyderabad area of the State also to be the Registrars of Marriages for the local areas falling within their respective jurisdiction, in which the provisions of the first mentioned Act have come into force.

Bombay Registration of Marriages Act, 1953 [Repealed]

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