No: 1 Dated: Feb, 06 2009

THE ARUNACHAL PRADESH RECORDING OF MARRIAGEACT, 2008

(ACT No. l OF2009)

    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 Fifty-ninth Year of the Republic ofindia as follows:-

CHAPTER-I

PRELIMIBARY

1. Short title Extent and commencement:- (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. Definitions:- 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 SubDivisional Marriage Recorder appointed or designated under sub-section (I) of scction-4 and sub-section (1) ofsection-5;

(d) "Marriage Reporter" means a Marriage reporter appointed or designated under subsection (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 ESTABLISHME:NT

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. Chief Marriage Recorder:- (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.

(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 thereunder. 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. District Marriage Recorder:- (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 SubDivisional Marriage Recorders for one or more SubDivisions 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 ChiefMarriage 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 sections 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. Marriage Reporter:- (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 SubDivisional 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 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.