The KARNATAKA MARRIAGES (REGISTRATION AND MISCELLANEOUS PROVISIONS) ACT, 1976

THE KARNATAKA MARRIAGES (REGISTRATION AND MISCELLANEOUS PROVISIONS) ACT, 1976. Arrangement of Sections Statement of Objects and Reasons: Sections: CHAPTER-I PRELIMINARY 1. Short title, extent and commencement 2. Definitions CHAPTER-II REGISTRATION OF MARRIAGES 3. Every marriage to be registered 4. Appointment of Registrar of Marriages, etc 5. Memorandum of Marriages 6. Memorandum of marriage submitted after thirty days, etc. 7. Register to be open for public inspection 8. Non-registration not to invalidate the marriage. CHAPTER-III DOWRY 9. Giving or taking of dowry prohibited 10. Agreement for giving or taking dowry to be void. 11. Dowry to be for the benefit of the wife or her heirs CHAPTER-IV LUXURY MARRIAGE TAX 12. Levy of luxury marriage tax 13. Levy and collection of marriage tax CHAPTER-V INTER –CASTE MARRIAGES 14. Inter-Caste marriage CHAPTER-VI CERTAIN RESTRICTIONS 15. Restriction on preparation and consumption of food-stuffs in connection with marriages 16. Presents Prohibited CHAPTER – VII OFFENCES AND PENALTIES 17. Penalty for omission to deliver or send memorandum under section 5 or for making false statement in memorandum 18. Penalty for failure to file a memorandum 19. Penalty for secreting, destroying or altering register 20. Penalty for giving, taking or demanding dowry 21. Penalty for contravening provisions of Section 11 22. Penalty for depriving any party to a marriage of the rights and privileges of the marriage 23. Penalty for omission to furnish return under sub-section (2) of section 13 24. Penalty for contravening provisions of section 15 25. Penalty for contravening provisions of section 16 26. Offences to be cognizable and non-bailable 27. Burden of proof. CHAPTER-VIII MISCELLANEOUS 28. Protection of persons acting under this Act 29. The Registrar to be a public servant 30. Power to make rules 31. Act to overide other laws 32. Amendment of Mysore Act 69 of 1949 33. Amendment of Karnataka Act 10 of 1959 34. Amendment of Karnataka Act 22 of 1964 35. Amendment of Karnataka Act 27 of 1966 36. Repeal and savings Schedules NOTIFICATION * * * STATEMENT OF OBJECTS AND REASONS At Present all marriage need not be registered. Registration will provide proof of marriage and consequently will limit the scope for avoidable litigation. It is therefore proposed to provide for compulsory registration of all marriages. Dowry and wasteful pageantry have become pernicious incidents of marriages. Inspite of the Dowry Prohibition Act, 1961 (Central Legsilation), dowry is still playing havoc. Similary the pomp and pageantry, involving as they do lavish expenditure. It is necessary to provide for stringent measures to eliminate the said evils. Therefore, it is proposed to make dowry prohibition more rigorous and to tax marriage involving lavish expenditure. In order to achieve the aforesaid provisions are made in the Bill for— (1) compulsory registration of all marriages by a simple procedure of applying for registration by post; (2) expandign the scope of the expression dowry to include various froms of seeking it and penalising the demand and taking of dowry; (3) making contravention of dowry prohibition a cognizable offence; (4) placing in prosecutions for contravention the burden of proof on the accused; (5) imposing disability to hold certain public offices on the culprit; and (6) levying a luxury tax on a slab basis where the expenses of any marriage exceeds Rs. 5,000. The Bill incidentally makes provisions to encourage inter-caste marriages and restricts the serving of food in connection with a marriage. * * * KARNATAKA ACT NO. 2 OF 1984 (First published in the Karnataka Gazette Extraordinary on the Twenty fifth day of February, 1984) THE KARNATAKA MARRIAGES (REGISTRATION AND MISCELLANEOUS PROVISIONS) ACT, 1976 (Received the assent of the President on the Fifteenth day of July, 1983) An Act to provide for uniform law for registration of marriages and certain other matters in the State of Karnataka. Whereas it is expedient to provide for compulsory registration of marriages, to prohibit giving or taking of dowry, to provide for the levy of luxury tax on certain marriages and for certain other matters connected therewith; Be it enacted by the Karnataka State Legislature in the Twenty- seventh Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. Short title, extent and commencement.- (1) This Act may be called the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976. (2) It extends to the whole of the State of Karnataka. (3) It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different provisions of the Act. 2. Definitions.- In this Act unless the context otherwise requires,- (a) "appointed day" means the date notified under sub-section (3) of section 1; (b) "to contract a marriage" means to solemnize or enter into a marriage in any form or manner; (c) 'dowry' means any property (including cash) or valuabel security given or agreed to be given either directly or indirectly,- (i) by one party to a marriage to the other party to the marriage; or (ii) by the parents of either party to marriage or by any other person, to either party to the marriage or to any other person. at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanation.- (1) For the removal of doubts, it is hereby delcared that,- (i) any presents made at, before or after a marriage in the form of cash, ornaments, clothes or other articles, the total value of which does not exceed five hundred rupees shall not be deemed to be dowry within the meaning of this section unless they are made as consideration for the marriage of the said parties; (ii) any person financially assisting a boy, whether related to him or not, either in his education, business or otherwise with the intention of giving his daughter or any other relation in marriage to such boy shall be deemed to give and the boy so receiving such assistance shall be deemed to receive, dowry; (2) The expression "valuable security" has the same meaning as in section 30 of Indian Penal Code; (d) "expenses of marriage" in relation to a marriage means all expenses incurred in connection therewith by the parties to the marriage and the person celebrating it; (e) "marriage" includes remarriage; (f) "marriage tax" means the luxury marriage tax payable under section 12; (g) "marriage tax officer" means the Luxury Marriage Tax Officer appointed under section 13; (h) "memorandum" means a memorandum of marriage mentioned in section 5 and 6; (i) "register" means a register of marriages maintained under this Act; (j) "registrar" means a Registrar of Marriages appointed under section 4; (k) "Registrar General" means the Rigistrar General of Births, Deaths and Marriages appointed under any law for the time being in force relating to the registration of births, deaths and marriages. CHAPTER II REGISTRATION OF MARRIAGE 3. Every marriage to be registered.- Every marriage contracted in the State on or after the appointed day shall be registered in the manner provided in this Act. 4. Appointment of Registrar of Marriages, etc.- (1) For the purpose of this Act, the State government may, by notification, appoint, as may Registrars of Marriages as it thinks necessary for such area or areas as may be specified in the notification. (2) The Registrar shall maintain in the prescribed manner a register of marriage and such other registers as may be prescribed. 5. Memorandum of marriages.- (1) The parties to a marriage shall, prepare and sign a memorandum in the form specified in Schedule A and deliver or send by registered post the said memorandum in duplicate to the Registrar or the area in which the marriage was contracted, within a period of thirty days from the date of marriage. (2) The memorandum shall be accompanied by the prescribed fee in the form of court fee stamps and shall be attested by a prescribed person. (3) On receipt of the memorandum, the Registrar shall file the same, enter the particulars thereof in the register, send the duplicate copy thereof to the Registrar General and issue a marriage certificate in such form and manner as may be prescribed. 6. Memorndum of marriage submitted after thirty days, etc.- (1) The Registrar may suo-motu or otherwise issue notice to the parties to a marriage which has not been registered under this Act, to appear before him and get the memorndum of marriage signed and delivered with the prescribed fee in such manner and within such time as may be specified in the notice. (2) On receipt of a memorandum under sub-section (1) the Registrar shall file the same, enter the particulars thereof in the register, send the duplicate copy thereof to the Registrar General and issue the marriage certificate as provided in section 5. (3) Nothing contained in sub-section (1) shall affect the liability of any person under the provisions of section 17. 7. 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 of the prescribed fee. The entries in the memorandum or the register or the certified extract thereof or the marriage certificate issued under section 5 or section 6 shall be admissible in evidence and be proof of the statement contained therein. 8. Non-registration not to invalidate the marriage.- No marriage contracted in the State 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. CHAPTER III DOWRY 9. Giving or taking of dowry prohibited.- No person shall, after the appointed day, demand, give or take or abet the demanding, giving or taking of dowry. 10. Agreement for giving or taking to be void.- Any agreement whether written or otherwise for giving or taking of dowry shall be void. 11. Dowry to be for the benefit of the wife or her heirs.- (1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman,- (a) if the dowry was received before marriage, within one year after the date of the marriage; or (b) if the dowry was received at the time or after the marriage, within one year after the date of its receipt; or (c) if the dowry was received when the woman was a minor, within one year after she has attained the age of eighteen years and pending such transfer shall hold it in trust for the benefit of the woman. (2) Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being. (3) Nothing contained in this section shall affect the liability of any person holding it for the time being. CHAPTER IV LAXURY MARRIAGE TAX 12. Levy of luxury marriage tax.- (1) Every marriage including any function connected therewith celebrated after the appointed day, the expenses of which exceed five thousand rupees, shall be considered to be a luxury marriage and there shall be levied and collected by the State Government from the parties to such marriage and the persons celebrating such marriage a tax called luxury marriage tax at the rate specified in Schedule B. (2) For the purpose of this section and clause (d) of section 2, the parents or the guardians of the parties to the marriage shall, unless it is proved otherwise, be deemed to be persons who celebrated the marriage. 13. Levy and collection of marriage tax.- (1) The State Government may by notification appoint, for the purposes of levying and collecting the marriage tax payable under section 12, as many Luxury Marriage Tax Officers as it may think necessary and the officers so appointed shall have jurisdiction within such area or areas as may be specified in the notification. (2) Every person liable to pay marriage tax in respect of a marriage shall within a period of seven days from the date of such marriage funish to the Marriage Tax Officer having jurisdiction a return indicating the expenses of the marriage in the prescribed form. (3) (a) If the Marriage Tax Officer is satisfied that the return submitted under sub-section (2) is correct he shall determine the amount of marriage tax payable on the basis thereof. (b) If any person liable to furnish a return under sub-section (2) either fails to furnish a return or furnishes a return which, in the opinion of Marriage Tax Officer, is incorrect or incomplete, such officer may, in such manner as may be prescribed, require any person to furnish such information and particulars, as he may deem necessary to determine the expenses of the marriage, and after giving the person or persons concerned a reasonable opportunity of being heard determine the expenses of the marriage and the amount of marriage tax payable by such person or persons. (4) A copy of the order made under sub-section (3) determining the amount of marriage tax payable shall be served on the person or persons liable to pay it and any person aggrieved thereby may, within thirty days from the date of such service, appeal to the prescribed authority who shall after giving the appellant an opportunity of being heard pass such orders as it thinks fit. (5) The person or persons liable to pay the marriage tax determined under sub-section (3) as modified in appeal, if any, under sub-section (4) shall be jointly and severally liable to the payment thereof and the same shall be recovered as arrears of land revenue. CHAPTER V INTER-CASTE MARRIAGE 14. Inter-caste marriage.- Each party to an inter-caste marriage shall, subject to such rules as may be prescribed, be eligible for grant of one thousand rupees and for such other facilities as may be prescribed. Explanation.- 'Inter-caste marriage' means a marriage between two persons belonging to different religions or different castes of Hindus. CHAPTER VI CERTAIN RESTRICTIONS 15. Restriction on preparation and consumption of foodstuffs in connection with marriages.- No person shall, in connection with a marriage, on any one day, prepare, or serve, distribute or provide for consumption, or cause to be prepared or served, distributed or provided for consumption, any foodstuffs prepared from or containing cereals or pulses or sweet for more than five hundred persons including the members of the family of such person. 16. Presents prohibited.- (1) No person other than a party or parents of a party to a marriage shall give any present to a party or to the parents of a party to a marriage or to the person celebrating the marriage at the time of marriage or any other functon or ceremony connected with the marriage of such party. (2) No party to a marriage or the parents of a party to a marriage or a person celebrating a marriage shall accept any presents prohibited by sub-section (1). CHAPTER VII OFFENCES AND PENALTIES 17. Penalty for omission to deliver or send memorandum under section 5 or for making false statement in memorandum.- (1) Any person who,- (a) after the appointed day, wilfully omits or neglects to deliver or send the memorandum as required by section 5; (b) makes any statement in a memorandum delivered or sent to the Registrar under section 5 or under section 6 is false in any material particular and which he knows or has reason to believe to be fase, shall, on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both. (2) The Registrar or any officer authorised by the State Government in this behalf may prosecute any person for an offence punishable under sub-section (1). 18. Penalty for failure to file a memorandum.- Any Registrar who wilfully fails to file a memorandum delivered or sent to him or to make entries in the register as required by section 5 or section 6 shall, on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both. 19. Penalty for secreting, destroying or altering register.- Any person secreting, destroying or dishonestly or fraudulently altering the memorandum or the register or any part thereof shall, on conviction, be punishable with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees. 20. Penalty for giving, taking or demanding dowry.- Any person, who, after the appointed day,- (a) gives or takes or abets the giving or taking of dowry; (b) demands, directly or indirectly, from the parents or guardians of a bride or bride-groom or any other person any dowry, shall, on conviction, be punishable with imprisonment which shall not be less than three months but may extend to one year and with fine which shall not be less than one thousand rupees but may extend to five thousand rupees. 21. Penalty for contravening provisions of section 11.- Any person who fails to transfer any property as required by sub-section (1) of section 11 within the time specified therein, shall on conviction be punishable with imprisonment which shall not be less than three months but may extend to one year and with fine which shall not be less than one thousand rupees but may extend to five thousand rupees. Any such punishment shall not absolve the person from his obligation to transfer the property as required by sub-section (1) of section 11. 22. Penalty for depriving any party to a marriage of the rights and privileges of the marriage.- If, after the marriage, for non-payment of dowry, any party to the marriage with or without the assistance of his parents or guardian or any other person, deprives the other party of the rights and privileges of marriage, or tortures or refuses to maintain the other party, he shall, on conviction be punishable with imprisonment which shall not be less than six months but may extend to one year or with fine which shall not be less than two thousand rupees but may extend to five thousand rupees or with both. 23. Penalty for omission to furnish return under sub-section (2) of section 13.- Any person who being liable to furnish a return under sub-section (2) of section 13, wilfully omits or neglects to furnish a return as required by the said sub-section shall, on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both. 24. Penalty for contravening provisions of section 15.- Any person who prepares, serves, distributes or provides for consumption or causes to be prepared, served, distributed or provided for consumption any sweet or foodstuff in contravention of section 15, shall on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both. 25. Penalty for contravening provisions of section 16.- Any person contravening the provisions of section 16 shall on conviction be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. 26. Offences to be cognizable and non-bailable.- (1) Every offence punishable under this Act, except those punishable under section 17, 22 and 23 shall be cognizable. (2) Every offence punishable under section 20 shall be non-bailable and non-compoundable. 27. Burden of proof.- Notwithstanding anything in any other law, in a prosecution for an offence punishable under section 20 the burden of proving that he has not abetted given, taken or demanded dowry or that he has not the giving, taking or demanding dowry shall lie on the accused. CHAPTER VIII MISCELLANEOUS 28. Protection of persons acting under this Act.- No suit or prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act. 29. The Registrar to be a public servant.- Every Registrar acting in pursuance of the provisions of this Act or rules or orders made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 30. Power to make rules.- (1) The State Government, may, by notification and after previous publication, make rules to carry 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 following matters, namely:- (a) the duties and the powers of the Registrar; (b) the menner in which the memorandum shall be filed; (c) the registers or records required to be kept under this Act; (d) the custody in which the registers and records are to be kept and the preservation of such records; (e) powers and duties of the Marriage Tax Officers; (f) manner and procedure for the levy and collection of marriage tax; (g) manner of determining the expenses of a marriage; (h) rules subject to which grants may be made under section 14; (i) facilities that may be granted under section 14; (j) such other matter as is required to be prescribed under this Act; (k) any other matter for which there is no provision or no sufficient provision in this Act and for which provision is, in the opinion of the State Government, necessary for giving effect to the purposes of the Act. (3) Every rule made under this section shall be laid as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the sessions immediately following, both Houses agree in making any modifications in the rule or both Houses agree that the rule should not be made, the rule 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 such rule. 31. Act to override other laws.- The provisions of this Act and the Rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom usage, contract or decree or order of the Court or other authority. 32. Amendment of Mysore Act 69 of 1949.- In the City of Bangalore Municipal Corporation Act, 1949 (Mysore Act 69 of 1949)- (1) for sub-section (1) of section 56, the following sub-section shall be substituted, namely:- "(1) A person who has been sentenced by a Criminal Court to,- (i) imprisonment for life or to imprisonment for a period of more than six months for any offence other than an offence of a political character or an offence not involving moral turpitude; or (ii) imprisonment of an offence punishalbe under section 20, 21 or 22 of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976 such sentence not having been reversed or the offence pardoned, shall be disqualified for election or appointment as a councillor while undergoing the sentence and for five years from the date of expiration of the sentence"; (2) in sub-section (1) of section 69-X, after clause (b), the following clause shall be inserted, namely:- "(c) offence punishable under section 20, 21 or 22 of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976." 33. Amendment of Karnataka Act 10 of 1959.- In the Karnataka Village Pachayats and Local Boards Act, 1959-- (1) in sub-section (1) of section 11, for clause (c), the following clause shall be substituted, namely:- "(c) if he has been sentenced by a Criminal Court to imprisonment— (i) for an offence which involves moral turpitude and which is punishable with imprisonment for a term exceeding six months; or (ii) for an offence punishable under section 20, 21 or 22 of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976, such santence not having been subsequently reversed or remitted". (2) in sub-section (1) of section 103, for clause (a), the following clause shall be substituted, namely:- "(a) if he has been sentenced by a Criminal Court to imprisonment,- (i) for an offence which involves moral turpitude and which is punishable with imprisonment for a term exceeding six months; or (ii) for an offence punishable under sections 20, 21 or 22 of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976, such sentence not having been subsequently reversed or remitted; or". 34. Amendment of Karnataka Act 22 of 1964.- In the Karnataka Municipalities Act, 1964, for clause (a) of sub-section (1) of section 16, the following clause shall be substituted, namely:- "(a) if he has been sentenced by a Criminal Court to imprisonment,- (i) for an offence which involves moral turpitude and which is punishable with imprisonment for a term exceeding six months; or (ii) for an offence punishable under sections 20, 21 or 22 of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976, such sentence not having been reversed or quashed or the offence pardoned, or". 35. Amendment of Karnataka Act 27 of 1966.- In the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 for clause (b) of sub-section (2) of section 16, the following clause shall be substituted, namely:- (b) if he has been sentenced by a Criminal Court to imprisonment,- (i) for an offence which involves moral turpitude and which is punishable with imprisonment for a term exceeding six months; (ii) for an offecne punishable under sections 20, 21 or 22 of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976, such sentence not having been subsequently reversed or remitted; or". 36. Repeal and savings.- The Bombay Registration of Marriage Act, 1953 (Bombay Act 5 of 1954) as in force in the Belgaum Area is hereby repealed: Provided that the provisions of section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act 3 of 1899) shall be applicable in respect of such repeal and sections 8 and 24 of the said Act shall be applicable as if the said enactment had been repealed and re-enacted by this Act. SCHEDULE A (See section 5) Memberandum of Marriage 1. Date of marriage 2. Place of marriage (with sufficient Particulars to locate the place) 3. (a) Name of the bridegroom (b) His age (c) Residential address (d) Status of the bridegroom at the time of marriage whether unmarried wido- wer/divorced (e) Signature of the bride- groom with date. 4. (a) Name of the bride (b) Her age (c) Residential address (d) Status of the bride at the time of marriage whether unmarried / widow / divorced (e) Signature of the bride with date. 5. (a) Full name of the father or guardian of the bride- groom. (b) His age (c) Residential address (d) Signature of the father or guardian of the bride- groom, with date if he is a consenting party. 6. (a) Full name of the father or guardian of the bride. (b) His age (c) Residential address (d) Signature of the father or guardian of the bride, with date if he is a consenting party 7. (a) Name of the witnesses (1) (2) (b) Addresses of the witnesses (1) (2) with the name of the father (c) Signature of the witnesses (1) (2) with date. Attested Signature name Date (Prescribed Designation Address Place Person) Received by Post / in person on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date Seal Registrar SCHEDULE B (See Section 12) (1) Where the expenses of marriage 10 percent of the amount by exceed Rs. 5,000.00 but does which the expenses exceed Rs. not exceed Rs. 10,000.00. 5,000.00 (2) Where the expenses of marriage Rs. 500.00 plus 25 percent of exceed Rs. 10,000.00 but does the amount by which the not exceed Rs. 20,000.00. expenses exceed Rs. 10,000.00 (3) Where the expenses of marriage Rs. 3,000.00 plus 40 percent of exceed Rs. 20,000.00 but does the amount by which the not exceed Rs. 50,000.00. expenses exceed Rs. 20,000.00 (4) Where the expenses of marriage Rs. 15,000.00 plus 60 percent of exceed Rs. 50,000.00. the amount by which the expenses exceed Rs. 50,000.00 GOVERNMENT OF KARNATAKA WCD.278.SWW.2001 17.12.2003 NOTIFICATION Department of Women & Child Development hereby notifies that, section 3,4,5,6,7,8 of chapter II, section 17,18,19 of chapter VII, and section 29,30 & 31 of chapter VIII of Karnataka Marriage (Registration and Miscellaneous Provisions)Act, 1976 will come into force with effect from 1.1.2004. By Order and in the name of Governor of Karnataka (P.D.SIDDHANTI) Under Secretary to Government Department of Women & Child Development To, The complier, Karnataka Gazette with request to publish in next Gazette and supply of 200 copies. 1. The Accountant General, Karnataka, Bangalore, 2. The R.G. of Stamps & Registration, Bangalore, 3. The Director, Women & Child Development Department, 4. All Deputy Commissioners, 5. All Chief Executive Officers of Zilla Panchayat, 6. All Assistant Directors/Deputy Directors of WCD, 7. Spare Copies, 8. Sections Guard file. KA/ BG - GPO/ 2515 /WPP-47/ 2006 - 2008 ¸ÀĪÀtð PÀ£ÁðlPÀ PÀ£ÁðlPÀgÁdå¥ÀvÀæ C¢üPÀøvÀªÁV ¥ÀæPÀn¸À¯ÁzÀÄzÀÄ «±ÉõÀ ¥ÀwæPÉ ¨sÁUÀ Š IVA ÏêªgâÔâ³pâ°, µâ°dâZÀÖpâ, Àê°© 5, 2006 (ÀêôµÖÙ 15, µâd⠹Ё.491 ÀâÍâË 1928) ÀÐÔÍÎÑ ÀÐÔ³ÐÔê ÀÐÔ‘ÐÜÎÐ ƒ¿°ÀÐظí ÊÐœÀÑÁ¦ÐÔ ƒ¸°ÊÐ֛й٠ÊЁ”Ùô : ÀÐÔÀÐÔ….278.ÀÐÔÀÐÔƒ.2001, ¾Ù–ÐÎÐÖ¤ÐÔ, ¸¹Ñ‘Ð:18-04-2006 ‘йÑþ©‘Ð ÁÀÑÌÐ (¹ÙÖӁ·Ð±Ò ÀÐÔ³ÐÔê …³Ð¤Ù ‡»Ð ½·°Ð–ÐÎÐÔ) º¦ÐÔÀÐÔ–ÐÎÐÔ 2004¤Ð ‘ФЮÐÔ º¦ÐÔÀÐÔ–ÐÎйÐÔî ‘Ð¹Ñþ©‘Ð ÁÀÑÌÐ (¹ÙÖӁ·Ð±Ò ÀÐÔ³ÐÔê …³Ð¤Ù ‡»Ð½·°Ð –ÐÎÐÔ) ‘с¦ÙÔì 1976¤Ð »Ðõ‘Фб 30¤Ð ‡»Ð »Ðõ‘Фб (1)¤ÐÅö ƒ»ÙÓ’ùˤÐÔÀЁ³Ù ÊзЧ ‘ФЮÐÔ º¦ÐÔÀÐÔ¸·Ð ¾°Ñ¸³Ð¤Ñ–ÐÃï®ÐÔÀÐ ÀÐô’ê–ÐÎÐ ÀЦÑÍ´–Ñ— ƒ¸°ÊÐ֛й٠ÊЁ”Ùô:ÀÐÔÀÐÔ….278.ÀÐÔÀÐÔƒ.2001¹ÐÔî ¸¹Ñ‘Ð:1¹ÙÓ ‹¼õÄý 2004¤Ð·ÐÔ ÊЁ”Ùô:452¤Ð ‘йÑþ©‘Ð ÁÆÙÓÈÐ ¤Ñ¡ô»Ð³Ðõ·Ð ¾°Ñ–Ð-IV(Š) ¤ÐÅö »Ðõ‘ЫÊÐÄÑ—³ÐÔê. ÊзЧ ‘ФЮÐÔ º¦ÐÔÀÐÔ–ÐÎйÐÔî ƒ´ÀÐÔ –ÙÖÏÊÐÃÔ ‘йÑþ©‘Ð ¤Ñ¡ô»Ð³Ðõ·ÐÅö »Ðõ‘Щ–ÙÖÏÊÐÄÑ·Ð ¸¹Ñ‘и·Ð 30 ¸¹Ð–ÐÎÐ ¹Ð³Ð¤Ð »Ð§–б¹Ù–Ù ³Ù–Ù·ÐÔ‘ÙÖÎÐüÄÑ–ÐÔÀÐÕ·ÐÔ Š·ÐÔ ÊÐÖœÊÐÄÑ—³ÐÔê. »Ð¤Ð³ÐÔ ÊзЧ ¤Ñ¡ô»Ð³Ðõ ÊÑÀÐþ¡º‘Ч–Ù ¸¹Ñ‘Ð:01-04-2004¤Ð·ÐÔ Ã¾°Ðô–ÙÖÏÊÐÄÑ—·Ù. »Ð¤Ð³ÐÔ, ‘ФЮÐÔ º¦ÐÔÀÐÔ–ÐÏ–Ù ¤Ñ¡ô ÊБÑþ¤Ð‘ÙÜ ½·Ð „‘Ùùӻв٠ÀÐÔ³ÐÔê ÊÐÃÌÙ–ÐÎйÐÔî »Ð§–б¹Ù–Ù ³Ù–Ù·ÐÔ‘ÙÖÎÐüÄÑ—·Ù. †–Ð, „·ÐԷЧ·Ð, ‘йÑþ©‘Ð ÁÀÑÌÐ (¹ÙÖӁ·Ð±Ò ÀÐÔ³ÐÔê …³Ð¤Ù ‡»Ð ½·°Ð–ÐÎÐÔ) ‘с¦ÙÔì 1976¤Ð »Ðõ‘Фб 30¤Ð ‡»Ð »Ðõ‘Фб(1) ¤ÐÅö »Ðõ·Ð³ÐêÀÑ·Ð ƒ¸°‘ѤР›ÐÄÑÂÔË ‘йÑþ©‘Ð ÊБÑþ¤ÐÀÐÕ † ‘ÙÎЗ¹Ð³Ù º¦ÐÔÀÐÔ–ÐÎйÐÔî ¤ÐœË¤ÐÔ³Ðê·Ù. º¦ÐÔÀÐÔ–ÐÎÐÔ 1. ÌÙÊФÐÔ ÀÐÔ³ÐÔê »Ñõ¤Ð¾°Ð: (1) † º¦ÐÔÀÐÔ–ÐÎйÐÔî ‘Ð¹Ñþ©‘Ð ÁÀÑÌÐ (¹ÙÖӁ·Ð±Ò ÀÐÔ³ÐÔê …³Ð¤Ù ‡»Ð ½·°Ð–ÐÎÐÔ) º¦ÐÔÀÐÔ–ÐÎÐÔ 2006 Š·ÐÔ ‘Фف¦ÐԳБÐÜ·ÐÔì; (2) …·ÐÔ ¤Ñ¡ô »Ð³Ðõ·ÐÅö ƒ¸°‘ÐسÐÀÑ— »Ðõ‘Ы˷Р¸¹Ñ‘и·Ð ¢Ñ§–Ù ½¤Ð³Ð‘ÐÜ·ÐÔì. ƒ·°Ñô¦ÐÔ-I 2. »Ð§¾°ÑÈÙ–ÐÎÐÔ (1) † º¦ÐÔÀÐÔ–ÐÎÐÅö ÊЁ·Ð¾°ÐþÀÐÕ ƒ¹ÐôµÑ ƒ–гÐô»Ð¯Ë·Ð ÌÙ֤гÐÔ- ƒ. ``‘с¦ÙÔì`` ƒ·Ð¤Ù `‘йÑþ©‘Ð ÁÀÑÌÐ (¹ÙÖӁ·Ð±Ò ÀÐÔ³ÐÔê …³Ð¤Ù ‡»Ð½·°Ð–ÐÎÐÔ) ‘с¦ÙÔì 1976. (1984¤Ð ‘йÑþ©‘Ð ‘с¦ÙÔì 2)` ½. ``¹ÐÀÐÔÖ¹Ù`` Š·Ð¤Ù † º¦ÐÔÀÐÔ–ÐÎÐ ¢Ùֳف¦ÐÔÅö ÖдêË·Ð ¹ÐÀÐÔÖ¹Ù; ‘Ð. `ÁÀÑÌÐ ¹ÙÖӁ·Ð²Ñ »Ñõ¸°‘ѤÐ` Š·Ð¤Ù ‘Ё·Ñ¦ÐÔ …Äєف¦ÐÔ ÀÐÔÔ·Ñõ‘Ð ÀÐÔ³ÐÔê ¹ÙÖӁ·Ð±Ò …Äєف¦ÐÔ ‡»Ð ¹ÙÖӁ·Ð²Ñ¸°‘ѧ–ÐÎÐÀФР‘с¦ÐÔþÀÑô¼ê¦ÐÔ ‘ÙùÓ³Ðõ·ÐÅö ÁÀÑÌÐ ¹ÙÖӁ·Ð²Ñ »Ñõ¸°‘ѤÐ; ®Ð. † º¦ÐÔÀÐԷЯ¦ÐÔÅö ‡»Ð¦ÙÖÓ—Ë·Ð …³Ð¤Ù Æнì–ÐÎÐÔ ÀÐÔ³ÐÔê ÀÑ‘Ðô–ÐÎйÐÔî …Åö ÀÑô”ÑôºÊз٠…·ÐìÅö ƒÀÐÕ–ÐÎÐÔ ‘с¦ÙÔ쁦ÐÔÅö ºÓ¯·Ð ƒµÐþÀйÙîÓ ÌÙց·Ð³Ð‘ÐÜ·ÐÔì. ƒ·°Ñô¦ÐÔ-II ¹ÙÖӁ·Ð²Ñ¸°‘ѧ¦ÐÔ ƒ¸°‘ѤЖÐÎÐÔ 3. ¹ÙÖӁ·Ð²Ñ¸°‘ѧ¦ÐÔ ƒ¸°‘ѤРÌÑ–ÐÖ ‘гÐþÀÐô–ÐÎÐÔ - ¹ÙÖӁ·Ð²Ñ¸°‘ѧ¦ÐÔÔ, ƒ. ³Ð¹Ðî ‘Ñ¦ÐÔþÀÑô¼ê¦ÐÔÅö ¹Ð®Ù¦ÐÔÔ´ê¤ÐÔÀÐ ÁÀÑÌЖÐÎÐ ½–ÙÞ ƒ–гÐôÀÑ·Ð ÀЦÑÍ´¦ÐÔ¹ÐÔî ÊЁ–ÐõÍÊгБÐÜ·ÐÔì; „. ÀЦÑÍ´¦ÐÔ¹ÐÔî ÊЁ–ÐõÍÊÐÔÀÐ ÊÐÃÔÀÑ— ÁÀÑÌÐ ¹Ð®Ù¦ÐÔÔÀÐ ÊÐëÎБÙÜ »ÐõÀÙÓÆÑÀБÑÆÐ; …. ‘с¦ÙÔ쁦ÐÔ¯¦ÐÔÅö ´Ï˷Ё³Ù ÁÀÑÌÐ »ÐõÀЦѱ»Ð³ÐõÀйÐÔî ºÓ®ÐÔÀÐÕ·ÐÔ; †. † ‘с¦ÙÔì ÌÑ–ÐÖ º¦ÐÔÀÐÔ–ÐÎÐ ‡Ãö˜Ð¹Ù¦Ð¦Ñ·ÐÅö ‘ѹÐÖº¹Ð¹Ð÷¦ÐÔ ‘ÐõÀÐÔ ‘ÙÚ–ÙÖÎÐÔüÀÐÕ·ÐÔ; ‡. † ‘с¦ÙÔ쁦ÐÔ ‡»Ð½·°Ð–ÐÎÐ ½–ÙÞ ÀÑô»Ð‘Ð »Ðõ›Ñ¤Ð ºÓ®ÐÔÀÐÕ·ÐÔ ÀÐÔ³ÐÔê † ‘с¦ÙÔ쁦ÐÔ ƒ¹ÐÔÈÑæ¹Ð‘ÑÜ— ƒ–гÐôÀÑ·Ð ‘ÐõÀÐÔ ‘ÙÚ–ÙÖÎÐüÄÑ–ÐÔÀÐÕ·ÐÔ. 4. »Ñ«þ–ÐÏ–Ù ¹ÙÖÓ«ÓÊý ºÓ®ÐÔÀÐÕ·ÐÔ-ÁÀÑÌБÙÜ ÊЁ½¸°Ë·Ð³Ù ¹ÙÖӁ·Ð²Ñ¸°‘ѧ¦ÐÔÔ »Ñ«þ–ÐÏ–Ù ºÓ®ÐÔÀÐ ¹ÙÖÓ«ÓÊý (ÊÐÖ›Ð¹Ñ »Ð³Ðõ) ÊÙ‘Ðù¹ý(6)¤Ð ‡»ÐÊÙ‘Ðù¹ý(1)¤Ð »Ðõ‘ѤÐ, ¹ÐÀÐÔÖ¹Ù(1)¤ÐÅö …¤Ð³Ð‘ÐÜ·ÐÔì. 5. ‘ÐÄÑô± ÀÐԁ©»Ð·Ð ÀÐôÀÐÊÑë»Ð‘ФР‘гÐþÀÐô–ÐÎÐÔ: (1) ‘ÐÄÑô± ÀÐԁ©»Ð·Ð ÀÐôÀÐÊÑë»Ð‘ФÐÔ, ·ÙÓÀÑÁ¦ÐÔ·Ð ÀÐÔÔ“ô ƒ›Ðþ‘ФÐÔ ƒµÐÀÑ »ÑõµÐþ¹Ù ƒµÐÀÑ ÁÀÑÌЖÐÎЁ³ÐÌÐ ¦Ð¦ÑÀÐÕ·ÙÓ ·°ÑÁÔþ‘Ð ‘ѤÐô ¹Ð®Ù¦ÐÔÔÀÐ ÊÐëÎБÙÜ ÊЁ½¸°Ë·Ð ÀÐô’ê–ÐÎÐÔ ¹ÐÀÐÔÖ¹Ù-2¤Ð³Ù ¹ÙÖӁ·Ð±Ò »ÐÔÊÐê‘ÐÀйÐÔî ºÀÐþÍÊгБÐÜ·ÐÔì ÌÑ–ÐÖ ƒÅö ¹Ð®Ù¦ÐÔÔÀÐ ÁÀÑÌзР»ÐÖ±þ ÌÑ–ÐÖ ÊгÐôÀÑ·Ð ÀЦÑÍ´¦ÐÔ¹ÐÔî ƒ·Ð¤ÐÅö ³Ðԁ½³Ð‘ÐÜ·ÐÔì ÀÐÔ³ÐÔê »Ñ«þ–ÐÎÐ ÌÑ–ÐÖ ÁÀÑÌÐÀйÐÔî ¹Ð®ÙÊÐÔÀÐ ÀÐô’ꁦÐÔ ÊÐ́¦ÐÔ¹ÐÔî ³Ù–Ù·ÐÔ‘ÙÖÎÐü³Ð‘ÐÜ·ÐÔì. (2) ‡»Ð º¦ÐÔÀÐÔ(1)¤ÐÅö ´ÏË·Ð ÀÐô’ꁦÐÔÔ † ÌÙÓϑف¦ÐÔ¹ÐÔî ƒµÐÀÑ ÀЦÑÍ´¦ÐÔ¹ÐÔî ¹ÙÖӁ·Ð²Ñ¸°‘ѧ–ÐÎÐÔ ¦Ð¦ÑÀÑ–Ð ‘ÙÓÎÐÔ³Ñê¤ÙÖÓ „–Ð ¹ÙÖӁ·Ð²Ñ¸°‘ѧ–ÐÏ–Ù ‘ÐÎÐÔÍÊгБÐÜ·ÐÔì. 6. ÁÀÑÌзРºÀÙÓ·Ð¹Ñ »Ð³Ðõ: (1) ÁÀÑÌзРºÀÙÓ·Ð¹Ñ »Ð³ÐõÀйÐÔî ¤ÐÖ.10/-¤Ð ÆÐÔÃÜ·Ù֮й٠ÊЁ½¸°Ë·Ð ¹ÙÖӁ·Ð²Ñ¸°‘ѧ–ÐÏ–Ù ÊÐÅöÊгБÐÜ·ÐÔì. † ºÀÙÓ·Ð¹Ñ »Ð³ÐõÀÐÕ …ÀÐÕ–ÐÎйÐÔî ÎЖÙց¯¤Ð³Ð‘ÐÜ·ÐÔì. (i) Àз°ÐÔ ÀÐÔ³ÐÔê ÀФФР»ÑÊý »ÙÖÓªýþ ƒÎгف¦ÐÔ »°ÙÖÓªÙÖÓ, ¡¹Ðó ¸¹Ñ‘зР»ÐõÀЦѱ »Ð³Ðõ, ƒµÐÀÑ ÀЁ¦ÐÔËú¹Ð ¤ÐÔ¡ÔÀÑ´–Ñ— ÆÑÄÙÂԁ·Ð ¿®ÐԖЮف¦Ð¦Ñ·Ð »ÐõÀЦѱ »Ð³Ðõ ƒµÐÀÑ ÀÙÚ·Ðô’Ӂ¦ÐÔ »ÐõÀЦѱ »Ð³Ðõ. (ii) ÁÎÑÊзР¤ÐÔ¡ÔÀÑ´–Ñ— „ÌѤР»Ð¯³Ð¤Ð œÓ« ƒµÐÀÑ ÊЁ½¸°Ë·Ð …³Ð¤Ð ¦Ð¦ÑÀÐÕ·ÙÓ ·Ñ“ÄÙ–ÐÎÐÔ. (iii) ÁÀÑÌзРÊЁ·Ð¾°Ðþ·ÐÅö Ë÷ӑЧ˷Р¤ÐÖ.2,000/-’܁³ÐÃÖ ÌÙœà¹Ð ¾ÙÄف¦ÐÔ ‡®ÐÔ–ÙÖ¤Ù–ÐÎÐ »Ð«å¦ÐÔ¹ÐÔî ¯£©Äý »°Ñ¤Ð¹ÐÅö ÊÐÅöÊÐÔÀÐÕ·ÐÔ ÀÐÔ³ÐÔê † ‡®ÐÔ–ÙÖ¤Ù–ÐÎÐÔ ½ªÙå, ÀЮÐÀÙ–ÐÎÐ ¤ÐֻзÐÅö¤Ð½ÌÐÔ·ÐÔ ƒµÐÀÑ ÁÀÑÌзРÊЁ·Ð¾°Ðþ·ÐÅö ºÓ®Ð½ÌÐÔ·Ñ·Ð ÀÐÊÐÔêÀÑ—¤Ð½ÌÐÔ·ÐÔ. (2) ‡»Ð º¦ÐÔÀÐÔ (1) ¤Ð¯¦ÐÔÅö ÁÀÑÌзРºÀÙÓ·Ð¹Ñ »Ð³ÐõÀйÐÔî Ë÷ӑЧ˷Р¹ÙÖӁ·Ð²Ñ¸°‘ѧ–ÐÎÐÔ Àз°ÐÔ ÀÐÔ³ÐÔê ÀФйРÀЁ¦ÐÔËú¹Ð ÀÐÔ³ÐÔê ÁÎÑÊÐ ·Ñ“ÄÙ–ÐÎйÐÔî »Ð§ÇÓÅË ƒÀФР»°ÙÖÓªÙÖÓ·Ùց¸–Ù –ÐÔ¤ÐÔ´ÊоÙÓ‘ÐÔ. ƒ¹Ð³Ð¤Ð ƒÀФÐÔ ¹ÐÀÐÔÖ¹Ù-3¤ÐÅö ÊÐÍ ÀЦѯ »ÐõÀЦѱ »Ð³ÐõÀйÐÔî Á³Ð§ÊоÙÓ‘ÐÔ. ÀÐÔ³ÐÔê ¹Ð‘ÐÃÔ »Ðõ´¦ÐÔ¹ÐÔî ÁÀÑÌÐ ¹ÙÖӁ·Ð²ÑÀÐ́¦ÐÔÅö ƒ«ÊоÙÓ‘ÐÔ. (3) ¹ÙÖӁ·Ñ²Ñ¸°‘ѧ ºÓ®ÐÔÀÐ ÁÀÑÌÐ »ÐõÀЦѱ »Ð³ÐõÀÐÕ º¦ÐÔÀÐÔ 6¤Ð ‡»Ð º¦ÐÔÀÐÔ (1) ‘ÐÁ(iii)¤Ð¯ ºÓ®ÐÔÀÐ ‡®ÐÔ–ÙÖ¤Ù–ÐÎÐ »Ð«å¦ÐÔ »Ðõ´¦ÐÔ¹ÐÔî ÎЖÙց¯¤Ð³Ð‘ÐÜ·ÐÔì. 7. ÁÀÑÌÐ »ÐõÀЦѱ »Ð³Ðõ: (1) ¹ÙÖӁ·Ð²Ñ¸°‘ѧ–ÐÎÐÔ ÁÀÑÌÐ ¹ÙÖӁ·Ð±Ò ½–ÙÞ ÀÐÍ ·Ð¹ÐÔî ºÀÐþÍÊгБÐÜ·ÐÔì. ÌÑ–ÐÖ …·Ð¤ÐÅö ÁÀÑÌÐ ºÀÙÓ·Ð¹Ñ »Ð³Ðõ ÀÐÔ³ÐÔê ÁÀÑÌÐ ¹Ð‘ÐÃÔ »ÐõÀЦѱ »Ð³ÐõÀйÐÔî ·Ð¤Ð ‘ÙÎЖÙց·Ð¤Ð³Ù ƒ«ÊгБÐÜ·ÐÔì. (2) ÁÀÑÌÐ ºÀÙÓ·Ð¹Ñ »Ð³ÐõÀйÐÔî ÊÐÅöË·Ð ³Ð‘Ðù± ÁÀÑÌÐ »ÐõÀЦѱ »Ð³ÐõÀйÐÔî ºÓ®Ð³Ð‘ÐÜ·ÐÔì. † ÁÀÑÌÐ »ÐõÀЦѱ »Ð³ÐõÀÐÕ ÊÐÌÐ ‘ہ©¤ý »°ÙÚÄý (¤ÐÇÓ¸) §Ó´¦ÐÔÅö …¤Ð³Ð‘ÐÜ·ÐÔì. (3) ¹ÙÖӁ·Ð²Ñ¸°‘ѧ–ÐÎÐÔ ÁÀÑÌÐ »ÐõÀЦѱ »Ð³ÐõÀйÐÔî ´õ»Ðõ´¦ÐÔÅö ÊÐÍÀЦѯ ÀÐÔÖà »Ðõ´¦ÐÔ¹ÐÔî ƒ£þ·Ñ¤Ð§–Ù ºÓ®Ð³Ð‘ÐÜ·ÐÔì. Š¤Ð®Ð¹ÙÓ »Ðõ´¦ÐÔ¹ÐÔî ÁÀÑÌÐ ¹ÙÖӁ·Ð±ÒÀÐ́¦ÐÔÅö ƒ«ÊоÙÓ‘ÐÔ. ÌÑ–ÐÖ ÀÐÔ֤йÙÓ »Ðõ´¦ÐÔ¹ÐÔî ³ÑÃÖö‘ÐÔ ‘НÙÓ§–Ù ÌÑ–ÐÖ ³ÑÃÖö‘ÐÔ »Ð›Ñ¦ÐÔ³ý ‘с¦ÐÔþºÀÑþÌБРƒ¸°‘ѧ–ÐÏ–Ù ·Ñ“ÄÙ–Ñ— ºÓ®Ð³Ð‘ÐÜ·ÐÔì. † ÁÀÑÌÐ »ÐõÀЦѱ »Ð³ÐõÀйÐÔî ¾ÙӤف¦ÐÔÀФÐÔ ¾ÙÓ¯·ÐìÅö ¤ÐÖ.50/-¤Ð ÆÐÔÃÜ·Ùց¸–Ù ºÓ®Ð½ÌÐÔ·Ñ—·Ù. ‘йÑþ©‘Ð ¤Ñ¡ô»ÑäР„¢äѹÐÔÊѤРÀÐÔ³ÐÔê ƒÀФРÌÙÊЧ¹ÐÅö „¤ý.Š.›Ð·ÐõÀÐÔó ÊБÑþ¤Ð·Ð ƒ¸°Ó¹Ð ‘с¦ÐÔþ·ÐÇþ, ÀÐÔÍÎÑ ÀÐÔ³ÐÔê ÀÐÔ‘ÐÜÎÐ ƒ¿°ÀÐØ¸í …ÄÑ”Ù. ¹ÐÀÐÔÖ¹Ù-1 (º¦ÐÔÀÐÔ-4) † ‘с¦ÙÔ쁦ÐÔ¯¦ÐÔÅö ÁÀÑÌÐ ¹ÙÖӁ·Ð±Ò ÀЦѮÐÔÀÐ ½–ÙÞ »Ñ«þ–ÐÏ–Ù ¹ÙÖÓ«ÓÊý ºÓ®ÐÔÀÐÕ·ÐÔ. –Ù, ÇõÓ/ÇõÓÀÐÔ´ _________ _________ ‘ÐÄÑô± ÀÐԁ©»Ð·Ð ÀÐôÀÐÊÑë»Ð‘ФÐÔ/ÀÐÔ·ÐÔÀÙ Êо°Ñ–б·Ð/·ÙÓÀФйÐÔî »ÐÖ£ÊÐÔÀÐ ÊÐëÎзРÀÐÔÔ“ôÊÐë¤ÐÔ ³ÐÀÐÔó ÀЦÑË‘Ð ÀФи¦ÐÔÅö ºÀÐÔó ¹Ð®ÐÔÀÙ ¸¹Ñ‘Ð: ... . . . . . . . . . . ¤Ð·ÐÔ ¹Ð®Ù·Ð ÁÀÑÌзР½–ÙÞ ÀЦÑÍ´ ÊÐÅöˤÐÔ³Ñê¤Ù. ‘Ѥб, † ¹ÙÖÓ«ÓÊý ³ÐÃÔ¼·Ð 15 ¸¹Ð·ÙÖÎЖ٠‘йÑþ©‘Ð ÁÀÑÌÐ (¹ÙÖӁ·Ð±Ò ÀÐÔ³ÐÔê …³Ð¤Ù ‡»Ð½·°Ð–ÐÎÐÔ) ‘с¦ÙÔì 1976¤Ð ÊÙ‘Ðù¹ý 5 ÆÙ®ÐÖôÄý-Š ¹ÐÅö º–и »Ð¯Ë·Ð ¹ÐÀÐÔֹف¦ÐÔÅö ÁÀÑÌзРºÀÙÓ·Ð¹Ñ »Ð³ÐõÀйÐÔî ÊÐÅöË ÁÀÑÌÐÀйÐÔî ¹ÙÖӁ·Ð±Ò ÀЦѯÊÐÔÀÐ ÊÐÃÔÀÑ— ¹ÙÖӁ·Ð²Ñ¸°‘ѧ–ÐÎÐ Š·ÐÔ§–Ù ÌÑ¡¤Ñ–ÐÃÔ ‘ÙÖÓ¤ÐÄÑ—·Ù. ¹ÙÖӁ·Ð²Ñ¸°‘ѧ–ÐÎÐÔ. ¹ÐÀÐÔÖ¹Ù-2 (º¦ÐÔÀÐÔ 5) ¹ÙÖӁ·Ð²Ñ¸°‘ѧ¦ÐÔÀЧ–Ù º¦ÐÔÁÔ³ÐÀÑ— ÀЦÑÍ´ ‘ÐÎÐÔÍÊоÙÓ‘Ñ·Ð ¹ÐÀÐÔÖ¹Ù Àз°ÐÔ/ÀФФÐÔ ©Ôå Àз°ÐÔ/ ÁÀÑÌБÙÜ ÁÀÑÌÐ ‘ÐõÀÐÔ ¹Ð®Ù·Ð Àз°ÐÔ/ ÀФФР¢Ñ´/ …³Ð¤Ù ¸¹Ñ‘Ð ÀЁ¦ÐÔÊÐÔú ÀФФРÊÑ’ù¦Ð¦Ñ·ÐÀФРÁ›ÙáÓ¸°³Ð¤ÙÓ/ ÊЁ”Ùô ÁÀÑÌÐ ÌÙÊФÐÔ–ÐÎÐÔ ·°ÐÀÐÔþ ÀЦÑÍ´ ÁÎÑÊÐ ÌÙÊФÐÔ ƒÁÀÑͳФÙÓ/ –ÐÎÐÔ Á·°ÐÀÙ/ Á·°ÐԤФ٠1 2 3 4 5 6 7 8 9 10 ¹ÐÀÐÔÖ¹Ù-3 (º¦ÐÔÀÐÔ 6(2)¤Ð¯) ÁÀÑÌÐ ¹ÙÖӁ·Ð±Ò »ÐõÀЦѱ »Ð³Ðõ ‘йÑþ©‘Ð ÁÀÑÌÐ ‘с¦ÙÔì 1976¤Ð¯¦ÐÔÅö † ÀÐÔÖÑР»ÐõÀЦѱÒӑЧÊÐÔÀÐÕ·Ùӹف·Ð¤Ù: ÇõÓÀÐÔ´__________________________ ³Ð·Ù________________________________ ÀÐÔ³ÐÔê ÇõÓ______________________________ ³Ð·Ù________________________________ …ÀФÐÔ–ÐÎÐÔ ÁÀÑÌÐ ºÀÙÓ·Ð¹Ñ »Ð³Ðõ·ÐÅö ºÓ¯¤ÐÔÀÐ ÀЦÑÍ´¦Ðԁ³Ù …ÀФÐÔ–ÐÎÐ ÁÀÑÌÐÀÐÕ ¸¹Ñ‘Ð:____________¤Ð·ÐÔ ¹Ù¤ÐÀÙÓ§·ÐÔì _______________ ¸¹Ñ‘зЁ·ÐÔ ¹ÙÖӁ·Ð±Ò ÀЦѮÐÄÑ—·Ù. ÊÐëÎÐ: ¸¹Ñ‘Ð: ÁÀÑÌÐ ¹ÙÖӁ·Ð²Ñ¸°‘ѧ–ÐÎÐ ÀÙÖÌЧ¹Ùց¸–Ù. Women and Child Development Secretariat Notification No. WCD.278.SWW.2001, Bangalore, Dated 18th April, 2006 Whereas, the draft of the Karnataka Marriages (Registration and Miscellaneous Provisions) Rules, 2004 was published as required by sub-section (1) of section 30 of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976 (Karnataka Act 2 of 1984) in notification No.WCD.278.SWW.2001, dated:1st April 2004 in part IV(A) of the Karnataka Gazette extra-ordinary No.452 dated 1st April 2004, inviting objections and suggestions from all persons likely to be affected thereby within thirty days from the date of its publication in the official Gazette; And whereas, the said Gazette was made available to the public on 1st April 2004. And whereas, the objections and Suggestions received in respect of the said draft rules have been considered by the State Government. Now, therefore, in exercise of the powers conferred by sub-section (1) of section 30 of the Karnataka Marriages (Registration & Miscellaneous Provisions) Act 1976, (Karnataka Act 2 of 1984) the Government of Karnataka hereby makes the following rules, namely. RULES 1. Title and commencement:- (1) These rules may be called the Karnataka Marriage (Registration and Miscellaneous Provisions) Rules, 2006. (2) They shall come into force on the date of their publication in the official Gazette. CHAPTER-I. 2. Definitions:- (1) In these rules unless the context otherwise requires:- (a) “Act” means, “The Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976 (Karnataka Act 2 of 1984);” (b) “Form” means, a form appended to these rules; (c) “Marriage Registration Authority” means Sub-registrars of Stamps and Registration Department under the Revenue Department; (d) Other words and expressions used in these Rules but not defined shall have the same meanings as assigned to them in the Act. CHAPTER – II POWERS OF THE REGISTRAR 3. Duties and Powers of the Registrar:- The Registrar shall, (a) Collect necessary information as regards the marriages taking place within his jurisdiction; (b) have access to the place of marriage for the purpose of collection of information; (c) issue Marriage Certificates as provided under the Act; (d) take action as per law the contravention of provisions of the Act and these rules; (e) give wide publicity to the provisions of the Act and take such steps as may be necessary for the implementation of the same. 4. Notice to the Parties:- The notice by the Registrar to the parties to a marriage as required under sub-section(1) of section 6 shall be in Form. I. 5. Duties of Manager of Choultry :- (1) The Manager of a Choultry, Chief Priest of a temple or a person in charge of any place of worship or prayer or marriage shall maintain a register in form II entering full and correct information regarding marriages performed there and shall obtain signature of the parties to the marriage and the person performing marriage. (2) the person referred to in sub-rule(1) shall send such statement or information to the Registrar as and when so required by the Registrar. 6. Memorandum of Marriage:- (1) Memorandum of Marriages shall be submitted to the concerned Registrar along with a fee of rupees ten. The Memorandum shall also be accompanied by, (i) passport size photograph of bride and bridegroom, date of birth certificate or school leaving certificate or medical certificate in proof of age; (ii) ration card or any other document in proof of residences; (iii) the list of gifts/presents received should be furnished in digital form and these presents may be in the form of clothes, ornaments etc., which are customary at marriages provided the value thereof exceeds Rs.2000/-. (2) On receipt of the Memorandum of marriages under sub-rule (1) the Registrar shall examine the proof of age and residence and identify the bride and the bridegroom with their photographs. He shall then sign and issue the marriage certificate in form III and paste the duplicate in the Register. (3) The Marriage Certificate issued by the Registrar will have a copy of the gifts/presents submitted as per clause (iii) of sub rule (1) of rule 6. 7. Marriage Certificate:- (1) The Registrar shall maintain a Register of marriages consisting of memorandum of marriages and duplicate of certificate of marriage pasted one below the other. (2) The marriage certificate shall be issued immediately after filing of memorandum of marriage. This marriage certificate shall be in the form of counterfoil. (3) The Marriage Certificate shall be signed in triplicate by the Registrar, the original copy shall be given to the applicant, the duplicate be pasted in the register and the third copy of the certificate shall be sent to Taluk office and the office of the Executive officer of the Taluk Panchayat for record. This marriage certificate may be issued to other on request and subject to payment of a fee of rupees fifty. By Order & in the name of the Governor of Karnataka R.M.CHANDRAMMA Under Secretary to Government, Department of Women & Child Development. FORM –1 (See Rule-4) Notice to the parties to a marriage for registration under the Act. To,. Smt./Shri._________________ ___________________________ ____________________________ The Manager of the chowltry /marriage hall/priest or head of the place of worship in the periodic returns has informed that marriage has been solemnized between you on _________________________ You are hereby asked to appear before the Registrar to register your marriage by submitting a memorandum of marriage in form specified in schedule A as per section 5 of Karnataka Marriages (Registration and Miscellaneous Provisions) Act 1976 within 15 days of the receipt of this notice. Registrar. FORM –II (See rule 5) Periodical information required to be sent to the Registrar. Whether Total Name Any the bride/ No. of of the Address Of Name of the Sl Caste/ bridegroom other Date Marriage Bride/ Age the Bride/ witness of No Religion is a divorce/ inform- take Bride Bridegroom marriage widow/un ation place groom married 1 2 3 4 5 6 7 8 9 10 FORM –III (See Rule 6(2) CERTIFICATE OF REGISTRATION OF MARRIAGE (Under the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976) This is to certify that Smt.___________________________ D/o_________________ and Shri____________________________ S/o.________________________ have furnished the particulars in memorandum declaring that then marriage has been solemnized on __________ and that the same has been registered this day_________ of ______________200 Station_______________ Registrar of Marriage Date ________________ Seal ¾{êË©µâdâpâ°, Àâ°°{âZx, Èê©Ù}â ÉÖÀâ°ÐZ Àâ°yâ°K ~âZdârÇêgâÔâ EÈÖfê, ÏêªgâÔâ³pâ°.