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Karnataka Compulsory marriage Registration Act

THE KARNATAKA MARRIAGES (REGISTRATION AND MISCELLANEOUS PROVISIONS) ACT, 1976. Arrangement of Sections Sections: CHAPTER-I PRELIMINARY Short title, extent and commencement Definitions CHAPTER-II REGISTRATION OF MARRIAGES Every marriage to be registered Appointment of Registrar of Marriages, etc Memorandum of Marriages Memorandum of marriage submitted after thirty days, etc. Register to be open for public inspection Non-registration not to invalidate the marriage. CHAPTER-III DOWRY 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 * * * STATEMENT OF OBJECTS AND REASONSK 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


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