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TAMIL NADU REGISTRATION OF MARRIIAGES ACT & RULES,2009 PART II

 

10. Issue of certificate and maintaining registrar.— (1) On registration of the marriage, the Registrar shall issue a certificate of registration of marriage to the parties in such form as may be prescribed.

(2) Every Registrar shall maintain a register of marriages, in such form in such manner as may be prescribed.

(3) On receipt of the memorandum of marriage under section 5, the Registrar shall file the same in the register. •

11. Search of marriage registrar.— (1) Subject to any rules made in this i behalf by the Government including the rules relating to payment of fee, any j person may,—

(a) cause a search to be made by the Registrar for any entry in the register of marriages; and

(b) obtain an extract from such register relating to marriages. 

(2) All extracts given under this section shall be certified by the Registrar and shall be admissible in evidence for the purpose of proving the marriage to which the entry relates.

12. Register to be open for public inspection.— The register of marriages shall, at all reasonable times, be open to inspection and the certified extracts therefrom shall, on application, be given by the Registrar to the applicant on payment of such fee as may be prescribed.

13. Responsibility of employer, etc., of verification of marriage registration certificate.— No employer or a Government or quasi-Government Authority or Company or Public Sector Undertaking or Local Authority shall carry out any change in their office record or in any office documents, such as change in the marital status or change of nomination, of its employee or in their dealings with any person, customer or client unless the employee or, as the case may be, the applicant, applying for carrying out or recording of such change, submits a certified copy of the certificate of registration of marriage issued under section 10.

 

14. Penalties.— (1) Any person who—                                     

 

(a)       omits or neglects to deliver or send the memorandum as required bysection 5 ; or

 

b) makes any statement in the memorandum which is false in any material particular, and which he knows or has reason to believe to be false ; or

(c)  contravenes any of the provisions of this Act, or rules made thereunder, shall, on conviction, be punished with fine which may extend to one thousand rupees.

(2) The Registrar who wilfully fails to file the memorandum pursuant to sec­tion 5 shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.

15. Penalty for secreting, destroying or altering register.— Any person secreting, destroying or dishonestly or fraudulently altering the register of. marriage or any part thereof shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees or with both.

16. Sanction for prosecution.— No prosecution for an offence punishable under this Act shall be instituted except by an officer authorized by the Registrar-General by general or special order, in this behalf.

17. Offences by companies.— (1) If any person committing an offence under this Act is a company, every person, who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly :

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge, or that he exercised all due dili­gence to prevent the commission of the offence.

 

 

 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of  the company, such director, manager, secretary or other

 

 

 

18. Protection of action taken in good faith.— No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or a rule or order made thereunder

19. Registrar, etc., to be public servant.— The Registrar-General, every District Registrar and Registrar and other officers while acting or purporting to act in pursuance of the provisions of this Act or rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).

20. Power to remove difficulties.^- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulties :

Provided that no order shall be made after the expiry of a period of two years from the date of commencement of this Act.

21. Power of Government to give direction.— The Government may, from time to time, issue such directions not inconsistent with the provisions of this Act, to the Registrar, District Registrar and to the Registrar-General, as it may thinks fit for the effective implementation of the provisions of this Act and they shall comply with such direction.

22. Operation of other law not affected.— The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.

23. Non-registration not to invalidate marriage.— No marriage performed in this State 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.

 

24. Power to make rules.— (1) The Government may make rules foi_ carrying out all or any of the purposes of this Act.

(2) (a) All rules made under this Act shall be published in the Tamil Na Government Gazette and unless they are expressed to come into force on a par-J ticular day, shall come into force on the day on which they are so published.

(b) All notifications issued under this Act shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(3) Every rule or order made or notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the Table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or in the next session, the Legislative Assembly makes any modification in any such rule, order or notification or the Legislative Assembly decides that the rule, order or notification should not be made or issued, the rule, order or notification shall, thereafter, have effect only in such modified form, or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, order or notification.

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