To Contract a Marriage, Marriage, Marriage Recorder, Marriage Reporter, Memorandum

GOVERNMENT OF ARUNACHAL PRADESH
LAW AND JUDICIAL DEPARTMENT
ARUNACHAL PRADESH CIVIL SECRETARIAT
ITANAGAR
NOTIFICATION
The 22nd January, 2009
No. LAW/LEGN-4/2008.- The following Act of the Arunachal Pradesh Legislative Assembly
which received the assent of the Governor of Arunachal Pradesh is hereby published for
general information.
(Received the assent of the Governor on 22nd January, 2009)
THE ARUNACHAL PRADESH RECORDING OF MARRIAGE ACT, 2008
(ACT No. 1 OF 2009)
AN
ACT
to provide for the regulation of compulsory recording of marriage and for matters connected
therewith and incidental thereto.
Be it enacted by the Arunachal Pradesh Legislative Assembly in the Fifth-ninth Year of the
Republic of India as follows:-
CHAPTER –I
Preliminary

  1. (1) This Act may be called the Arunachal Pradesh Recording of Marriage Act, 2008.
    (2) It extends to the whole of Arunachal Pradesh.
    (3) It shall come into force on such date as the State Government may by notification in
    the Official Gazette, appoint.
  2. In this Act, unless the context otherwise requires:-
    (a) “to contract a marriage”, with its grammatical variation and cognate
    expressions, means to solemnize or enter into a marriage in any recognized form
    or manner;
    (b) “marriage” includes a re-marriage;
    (c) “Marriage Recorder” means the Chief Marriage Recorder, District Marriage
    Recorder and Sub-Divisional Marriage Recorder appointed or designated under
    sub-section (1) of section-4 and sub-section (1) of section-5;
    (d) “Marriage Reporter” means a Marriage reporter appointed or designated under
    sub-section (1) of section-6;
    (e) “memorandum” means a memorandum of marriage referred to in section-7;
    (f) “prescribe” means prescribed by rules made under this Act;
    (g) “State Government” means the State Government of Arunachal Pradesh.
    CHAPTER –II
    RECORDING ESTABLISHMENT
  3. All marriages solemnized on or after the commencement of this Act in the State in
    any form recognized under the personal law or custom applicable to the parties
    (husband and wife) or either of them shall be compulsorily recorded in accordance
    with the provisions of this Act.
  4. (1) The State Government may, by notification in the Official Gazette appoint a Chief
    Marriage Recorder for the State or designate an officer of the State Government to
    hold that office.
    (2) The State Government may also appoint or designate other officers for the purpose of
    discharging, under the superintendence, direction and control of the Chief Marriage
    Recorder, such functions as he may, from time to time authorize them to discharge.
    Short-Title,
    extent and
    Commencement.
    Definitions.
    Chief
    Marriage
    Recorder.
    (3) The Chief Marriage Recorder shall be the Chief Executive Authority in the State for
    carrying into execution the provisions of this Act and the rules or orders made there
    under. He shall be responsible to co-ordinate, unify and supervise the works of
    recording of the marriages and submit in the month of January every year where the
    annual report of the preceding year on the working of this Act.
  5. (1) The State Government may appoint a person or designate an officer to be the District
    Marriage Recorder for each District and such number of Sub-Divisional Marriage
    Recorders for one or more Sub-Divisions who shall, subject to general control and
    directions of the District Marriage Recorder, discharge such functions under this Act
    as the District Marriage Recorder may, from time to time, authorize them to discharge
    or designate such officer of the State Government as it thinks fit to hold any such
    office.
    (2) The District Marriage Recorder shall superintend, subject to the direction of the Chief
    Marriage Recorder, the recording of marriages in the district and shall be responsible
    for carrying into execution in the district, the provisions of this Act and the orders of
    the Chief Marriage Recorder issued from time to time for the purpose of this Act.
    (3) Every Sub-Divisional Marriage Recorder shall enter into the register maintained for
    the purpose all information given to him under section-7 or section-8 and shall also
    take steps to collect information about every marriage which takes place in his local
    jurisdiction and record the particulars in the Marriage Register.
    (4) The Office of the Marriage Recorder shall remain open on such dates and at such
    hours as the Chief Marriage Recorder may direct. The name and designation of the
    Marriage Recorder along with his local jurisdiction should be displayed on the Board
    on or near the outer door of his office. The writing on the Board should be in local
    language and English.
  6. (1) The State Government may appoint or designate an Officer to be a Marriage
    Reporter:-
    (i) for each urban areas to be known as Urban Areas Marriage Reporter:
    (ii) for each Rural areas to be known as Rural Areas Marriage Reporter:
    (2) Every Marriage Reporter shall be attached to and work under the supervision,
    direction and control of the Sub-Divisional Marriage Recorder in charge of the
    respective Sub-Division.
    (3) Every Marriage Reporter shall receive and collect all information about marriages
    which take place in the area of his work and send the same to the Sub-Divisional
    Marriage Recorder to whom he is attached or if there is no Sub-Divisional Marriage
    Recorder, to the District Marriage Recorder in whose jurisdiction his area is situated.
    The information shall be incorporated and transmitted in such form as may be
    prescribed.
    (4) The office of the Marriage Reporter in his area shall remain open on such dates and at
    such hours as the Chief Marriage Recorder may direct and every Marriage Reporter
    District
    Marriage
    Recorder
    Marriage
    Reporters
    shall display on a Board on or near the outer door of the office of the Marriage
    Reporter in the local language and English, his main designation and area of function
    as Marriage Reporter.
    CHAPTER-III
    PROCEDURE OF RECORDING
  7. (1) All marriages solemnized under this Act shall be recorded in the manner provided
    hereinafter.
    (2) (a) The male partner to a marriage shall and the female partner may within a period
    of sixty days from the date of his/ her marriage-
    (i) either intimate orally about the marriage to the Sub-Divisional Marriage
    Recorder or the Marriage Reporter having jurisdiction over the area in
    which the marriage was contracted or to such person or authority as may be
    prescribed; or
    (ii) prepare and sign a memorandum in Form A, obtain signature/ thumb
    impression or both the spouses and signature/thumb impression of two
    witnesses of the locality with full address thereon and shall deliver in
    person or by registered post to the Sub-Divisional Marriage Recorder or
    Marriage Reporter having jurisdiction over the area in which the marriage
    was contracted.
    (b) In the case of oral intimation of marriage, the Marriage Reporter or the SubDivisional Marriage Recorder to whom the information is given shall duly fill in
    Form A and obtain thereon signature or thumb impression of either of the
    spouses to the marriage and two witnesses.
    (c) In case the oral intimation about the marriage or the memorandum of marriage is
    given directly to the Sub-Divisional Marriage Recorder, he shall make a copy of
    the memorandum of that marriage and send the same to the appropriate
    Marriage Reporter within his jurisdiction for verification and report.
    (d) In the cases covered by sub-section (2) (a) above, the Sub-Divisional Marriage
    Recorder shall acknowledge the marriage memorandum in Form B.
    (3) The Marriage Reporter shall on receipt of the memorandum give to the person who
    delivers it or sends it by registered post an acknowledgement in Form B.
    (4) The Marriage Reporter shall after necessary verification send the memorandum along
    with the report to the Sub-Divisional Marriage Recorder of the area concerned within
    a period of one month from the date of receipt.
    (5) No Sub-Divisional Marriage Recorder or Marriage Reporter shall decline to receive
    any memorandum or decline to fill up the marriage memorandum as prescribed in sub-