Maharashtra Regulation of Marriage Bureaus and
Registration of Marriages Act, 1998

[1969 : Mah. XX

GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  XX  OF  1999

THE  MAHARASHTRA  REGULATION  OF
MARRIAGE  BUREAUS  AND  REGISTRATION  OF
MARRIAGES  ACT,  1998

(As  modified  upto  the  14th  September  2012)

*

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004.

2012

[Price  : Rs.  10.00]

H 784 (SCAN 3)

1999 : Mah. XX]

Maharashtra Regulation of Marriage Bureaus and
Registration of Marriages Act, 1998

(i)

THE MAHARASHTRA REGULATION OF
MARRIAGE BUREAUS AND REGISTRATION OF
MARRIAGES ACT, 1998

CONTENTS

PREAMBLE.

SECTIONS.

1.

2.

3.

Short title and commencement.

Definitions.

Appointment of Registrar of marriage bureaus and of marriages.

4. Marriage bureaus and marriages to be registered.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

Registration of marriage bureaus.

Duty of husband to submit memorandum for registration of
marriage.

Power to refuse registration and report to Registrar General.

Appellate powers of Registrar General.

Appeal from order under section 8.

Non-registration not to invalidate the marriage.

Responsibility of employees etc., of verification of marriage
registration certificate.

Penalty for neglecting to comply with the provisions of section 6
or  of  any  other  section  or  for  making  false  statements  in
memorandum.

Sanction for prosecution.

Register to be open for public inspection and copies of certified
extracts to be given.

Registration of marriage where a party is a minor.

Registrar to furnish duplicate copy of the registration certificate
to the Registrar General.

Registrar to be public servant.

Indemnity to persons acting under this Act.

Power to make rules.

Savings.

Repeal.

Power of Government to give directions.

Powers to remove difficulty.

H  784—1

1999 : Mah. XX]

Maharashtra Regulation of Marriage Bureaus and
Registration of Marriages Act, 1998

MAHARASHTRA ACT No. XX OF 1999.1

1

[THE MAHARASHTRA REGULATION OF MARRIAGE BUREAUS AND REGISTRATION OF
MARRIAGES ACT, 1998.]

(This Act received the assent of the Governor on the 13th April 1999 ;
assent was first published in the Maharashtra Government Gazette,
Extraordinary, Part IV on the 15th April 1999.)

An Act to provide for a comprehensive and stringent law for
regulation of marriage bureaus for prevention of malpractices
and misuse of marriage registration facility ; and for compul-
sory registration of marriages in the State of Maharashtra ;
and for matters connected therewith or incidental thereto.

WHEREAS it is expedient to make a comprehensive and stringent law
for regulation of marriage bureaus for prevention of mal-practices and
misuse of marriage registration facility; and for compulsory registration
of marriages in the State of Maharashtra, and to provide for matters
connected therewith or incidental thereto; It is hereby enacted in the
Forty-ninth Year of the Republic of India as follows :—

1.

(1) This Act may be called the Maharashtra Regulation of Marriage

Bureaus and Registration of Marriages Act, 1998.

Short title and
commencement.

(2) 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 there is anything repugnant in the subject or

Definitions.

context,—

(a) “Government” means the Government of Maharashtra in the

Public Health Department;

(b) “marriage” includes a re-marriage;

(c) “ marriage bureau” or “bureau” means a bureau or institution
consisting of a person or group of persons, which carries on the activity
of helping the unmarried person including divorcees, widows and
widowers, desirous of getting married, registered with the bureau, in
finding a suitable match for them by arranging to bring such person
together etc., and which is registered under section 5 ;

(d)  “memorandum” means  a memorandum for registration  of

marriage mentioned in section 6 ;

(e) “parties” means the husband and wife whose marriage has been

solemnized;

(f) “ prescribed” means prescribed by rules made under this Act;

1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, Extraordinary, Part

V, dated the 22nd July 1998, p. 470-471.

* 15th May 1999 (vide G. N. published at Mah. Govt. Gaz., Pt. IV-B, Ext., P. 410.)

H  784—1a

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Maharashtra Regulation of Marriage Bureaus and
Registration of Marriages Act, 1998

[1969 : Mah. XX

(g) “register  of  marriages”  means the  register  of  marriages

maintained under this Act;

(h) “register of marriage bureaus” means the register of marriage

bureaus maintained under this Act;

(i) “Registrar” means a Registrar of marriage bureaus and marriages,

appointed under this Act;

(j) “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.

6 of
1886.

Appointment
of Registrar
of marriage
bureaus and
of marriages.

3. (1) The State Government may, by notification in the Official

Gazette, appoint as many persons, as it thinks necessary to be the

Registrars of Marriage Bureaus and Marriages, for such area or areas

as may be specified in such notification.

Marriage
bureaus and
marriage to
be registered.

Registration
of marriage
bureaus.

(2) The Registrar shall exercise such powers and duties as provided

by or under this Act and shall work under the general supervision and

control of the Registrar General and the Government.

4. From the date of coming into force of this Act, every marriage

bureau and every marriage in the State shall be registered with the

Registrar of marriage bureaus and marriages.

5. (1) Any person or group of persons desirous of conducting or running

a marriage bureau shall apply for registration of such marriage bureau

to the Registrar, in such manner and alongwith such fees and documents

as may be prescribed :

Provided  that,  the  marriage  bureaus  existing  on  the  date  of

commencement of this Act shall apply for registration within a period of

three months from the date of such commencement.

(2) The Registrar shall, on receiving an application under sub-section

(1), after scrutiny of such application and verifying the prescribed

documents, register such marriage bureau and grant a certificate of

registration to such bureau, in the prescribed form. The registration

certificate so granted shall be displayed prominently by such bureau in

its registered office premises.

1999 : Mah. XX]

Maharashtra Regulation of Marriage Bureaus and
Registration of Marriages Act, 1998

3

(3) In case an application for registration is not made in the prescribed

manner or is not in compliance with the prescribed requirements, the

Registrar may, for reasons to be recorded in writing, refuse to register

such marriage bureau, after giving the applicant an opportunity of being

heard.

(4) Every such marriage bureau shall renew its registration after every

two years from the date of grant of such certificate, on payment of the

prescribed renewal fee; and the Registrar shall renew the certificate in

the same manner, as laid down under sub-section (2).

(5) No marriage bureau shall carry on or conduct its activities as the

marriage bureau, except at its registered office or place as specified in

the registration certificate granted under sub-section (2).

(6) Every marriage bureau shall conduct its activities as such bureau

strictly as per the terms and conditions of the registration granted under

sub-section (2); and contravention or non-compliance by a bureau with

any of the provisions of this Act or the rules made thereunder or the

terms and conditions subject to which the registration has been granted,

shall make the registration of such bureau liable for cancellation and

shall also constitute an offence making the bureau liable for punishment

as provided in sub-section (2) of section 12 :

Provided that, registration of a bureau shall not be cancelled without

giving a reasonable opportunity, of being heard, to the concerned bureau.

(7) Any person or bureau aggrieved by the order of the Registrar

refusing to register or renew the registration of the bureau or cancelling

the registration may, appeal against such order to the Registrar General,

in the prescribed manner, and the provisions of sections 7, 8 and 9

relating to appeal against the order of refusal to register a marriage shall,

mutatis mutandis, apply to such appeal.

6.

(1) (a) On solemnization of a marriage, it shall be the responsibility

of the husband to present, within a period of ninety days from the date of

the solemnization of the marriage, a memorandum in the prescribed form

before the Registrar within whose jurisdiction the husband ordinarily

Duty of
hushand to
submit
memorandum
for registration
of marriage.

resides or where either one of the parties ordinarily reside ;

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Maharashtra Regulation of Marriage Bureaus and
Registration of Marriages Act, 1998

[1969 : Mah. XX

(b) the parties and three witnesses to the marriage shall appear in

person before the Registrar and sign the memorandum;

(c) the memorandum shall be accompanied by such fee and other

documents as may be prescribed ;

(d) the Registrar before whom the memorandum is presented shall,
after verification of the identity of the parties and the witnesses in the
prescribed manner, register the marriage in the register of marriages ;

(e) on registration of the marriage, the Registrar shall issue a certificate

of registration of marriage to the parties in the prescribed form.

(2) Any marriage which is not registered within the time limit specified
in sub-section (1), may be registered as provided in the said sub-section,
by the Registrar within whose jurisdiction the parties ordinarily reside,
on submission of the memorandum within a period of one year from the
date of the marriage, along with such penalty, not exceeding rupees one
hundred, as may be prescribed :

Provided that, any marriage which is not registered as provided under
this sub-section may, subject to the provisions of sub-section (1) of section
12, be registered at any time as provided in sub-section (1), after charging
a penalty not exceeding rupees five hundred, as may be prescribed.

(3) Notwithstanding anything contained in this section, any marriage
which is solemnized before the coming into force of this Act and a period
of not less than one year has elapsed since its solemnization, and which
for any reason has not been registered, may be registered on presentation
of a memorandum along with a penalty of one hundred rupees, in
relaxation of any of the provisions of this section :

Provided that, any marriage solemnised within a period of one year,
prior to the date of commencement of this Act, shall be registered in
accordance with the provision of sub-section (1), on payment of penalty
of one hundred rupees.

Power to
refuse
registration
and report to
Registrar
General.

7. (1)  Where the  Registrar,  before  whom  the  memorandum  is
presented under section 6, on scrutiny of the documents submitted with
the memorandum or, on the basis of other facts noticed or brought to
his notice, is satisfied or has reason to believe that,—

(a) the marriage between the parties is not performed in accordance

with the personal law of the parties ; or

1999 : Mah. XX]

Maharashtra Regulation of Marriage Bureaus and
Registration of Marriages Act, 1998

5

(b) the identity of the parties or the witnesses or the persons
testifying the identity of the parties and the solemnization of the
marriage is not established beyond reasonable doubt ; or

(c) the documents tendered before him do not prove the marital

status of the parties ;

he may, after hearing the parties and recording the reasons in writing,
refuse to register the marriage and may,—

(i) call upon the parties to produce such further information or
documents as deemed necessary, for establishing the identity of the
parties  and  the  witnesses  or  correctness  of the  information  or
documents presented to him, and for that purpose direct the parties
to  appear  before him  with  the  required further  information  or
documents on any other date as may be mutually fixed ; or

(ii) if deemed necessary, also refer the papers to the local police
station within whose jurisdiction the parties reside, for verification,
and direct the parties to appear before him on any other date as may
be mutually fixed.

(2) Whereon further verification as provided in sub-section (1), the
Registrar is satisfied that there is no objection to register the marriage,
he may register the same. If in the opinion of the Registrar, the marriage
is not fit for registration, he may pass an order of refusal in writing,
recording the reasons therefor and then refer the matter, with all the
relevant record and his report in the matter, to the Registrar General,
within a period of seven days, from the date of the order of such refusal.

8. The Registrar General, on receiving the reference under section
7 from the Registrar, shall, within a period of one month from the date
of receipt of such report, after giving an opportunity to the parties
concerned of being heard, pass an order, after recording the reasons in
writing, either directing the Registrar to register the marriage, or
confirming the order of the Registrar refusing to register the marriage.

Appellate
powers of
Registrar
General.

9. The person or party aggrieved by the order of the Registrar General
under section 8 refusing to register the marriage under this Act may,
within a period of thirty days from the date of the order appeal against
such order to the District court within the local limits of whose jurisdiction
the Registrar of Marriages has his office, and the decision of the District
Court on such appeal shall be final, the Registrar of  Marriages before
whom the memorandum was presented under section 6 shall act in
conformity with such decision.

Appeal from
order under
section 8.

6

Non-
registration
not to
invalidate the
marriage.

Responsibility
of employers
etc., of
verification of
marriage
registration
certificate.

Penalty for
neglecting to
comply with
the provisions
of section 6 or
of any other
section or for
making false
statements in
memorandum.

Maharashtra Regulation of Marriage Bureaus and
Registration of Marriages Act, 1998

[1969 : Mah. XX

10. Subject to the provisions of section 9, no marriage to which this

Act applies shall be deemed to be invalid solely for the reasons that it

has not been registered under this Act.

11. No employer or a Government or Semi-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, etc., 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 Marriage

Registration Certificate granted under section 6 of this Act.

12. (1) On solemnization of a marriage,—

(a) if the husband fails to submit a memorandum as provided under

section 6, within the time limit specified therein, or

(b) if the husband or the wife makes any statement or declaration

in such memorandum which is false in any material particular, or

submits any documents or papers which he or she, as the case may

be, knows or has reason to believe to be false,

the hushand or the wife, as the case may be, shall be guilty of an offence

punishable with fine which may extent to one thousand rupees.

(2) Any  person  or bureau  or  party  who  contravenes any of  the

provisions of this Act, shall, on conviction, be punishable with fine may

which extend to five thousand rupees or, with simple imprisonment which

may extend to six months, or with both.

Sanction for
prosecution.

13. No prosecution for an offence punishable under this Act shall be

instituted except by an officer authorised by the Registrar General, by

general or special order, in this behalf.

Register to be
open for
public
inspection
and copies of
certified
extracts to be
given.

14. (1) The register maintained under this Act, on application made

to the Registrar and on payment of such fees as may be prescribed, shall,

at all reasonable times, be open for public inspection.

(2) On an application being made in that behalf, and on payment of

such fee as may be prescribed, the Registrar shall furnish to the applicant

a copy of any estract of the register maintained under this Act.

1999 : Mah. XX]

Maharashtra Regulation of Marriage Bureaus and
Registration of Marriages Act, 1998

7

19 of
1929.

15. Subject to the provisions of the Child Marriage Restraint Act, 1929,
any marriage solemnized when parties are minor, or where either of
the party is a minor shall be registered as provided in sub-section (1) of
section 6 :

Registration
of marriage
where a
party is a
minor.

Provided that, the Registrar shall, immediately, report such marriage
to the local police station within whose jurisdiction, the parties ordinarily
reside, for necessary action under the provisions of the Child Marriage
Restraint Act, 1929.

19 of
1929.

16. When the Registrar registers a marriage under this Act, he shall
immediately thereupon send a duplicate copy of the registration certificate,
to the Registrar General.

17. Every Registrar and every employee in the office of the Registrar
shall, while acting or purporting to act in pursuance of any of the
provisions of this Act, be deemed to be a public servant within the meaning
of section 21 of the Indian Penal Code.

45 of
1860.

Registrar to
furnish
duplicate
copy of the
registration
certificate to
the Registrar
General.

Registrar to
be public
servant.

18. 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 or rules made thereunder.

Indemnity to
persons
acting under
this Act.

19. (1) The State Government may, by notification in the Official

Gazette, make rules for carrying out the purposes of this Act.

Power to
make rules.

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

(a) the form and the manner of, maintenance of registers or records

under this Act ;

(b) (i) the form of application for registration of a marriage bureau ;

(ii) the documents to be submitted therewith by the applicant ;

(iii) the  amount  of  fees  for  grant  of  and  renewal  of,  such

registration ;

(iv) the form of certificate of registration to be granted to a
marriage bureau and the terms and conditions subject to which such
registration may be granted ; and

(v) the manner and procedure of filing an appeal to the Registrar

General ;

(G.C.P.)  H  784—2(7045–9-2012)

8

Maharashtra Regulation of Marriage Bureaus and
Registration of Marriages Act, 1998

[1969 : Mah. XX

(c) (i) the form of the memorandum for registration of a marriage
and the details of the witnesses and the priest to be specified in the
memorandum ;

(ii) the amount of fee for such registration ;

(iii) the form of certificate of registration of marriage ;

(iv) the amount of penalty for late registration ;

(d) the form of application and the fees for grant of copy of the extract
of the register of marriage bureaus or the register of marriages
maintained under this Act ;

(e) any other matter for which rules may be made under this Act.

(3) Except when rules are made for the first time, all rules made under

this Act shall be subject to the condition of previous publication.

(4) Every rule made under this Act 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 successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, both
Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, and notify such decision in the
Official Gazette, the rule shall from the date of publication in the Official
Gazette, of such decision, 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 or omitted to be done under that rule.

Savings.

20. This Act shall not apply to marriages contracted under the Special
Marriage Act, 1954, the Indian Christian Marriage Act, 1872, or the Parsi
Marriage and Divorce Act, 1936.

Repeal.

21. The Bombay Registration of Marriage Act, 1953, is hereby repealed.
Notwithstanding such repeal, any marriage registered or any action
taken by the Registrar, under the provisions of the said Act before such
repeal shall be deemed to have been validly registered or, as the case
may be, taken under the corresponding provisions of this Act.

Power of
Government
to give
directions.

22. The Government may, from time to time, issue such directions
not inconsistent with the provisions of this Act, to the Registrar and the
Registrar General, as it may think fit in this regard for the effective and
smooth implementation of the provisions of this Act ; and the Registrar
and the Registrar General shall be bound to follow such directions.

42 of
1954.
15 of
1872.
3 of
1936.

Bom.
V of
1954.

1999 : Mah. XX]

Maharashtra Regulation of Marriage Bureaus and
Registration of Marriages Act, 1998

23.

(1) If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by order published in the Official Gazette,
give such directions, not inconsistent with the provisions of this Act, as
appear to it to be necessary or expedient for the purposes of removing
the difficulty.

(2) No order under sub-section (1) shall be made after the expiry of

two years from the date on which this Act comes into force.

9

Power to
remove
difficulty.

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