For the sake of administrative convenience, and to bring these three items of work which are inter-connected under the same agency, the Government now propose to appoint the Director of Panchayats who is the Chief Registrar of Births and Deaths, as the Registrar General of Births, Deaths and Marriages, also, for purposes of Section 48 of the Special Marriages Act, 1954 (Central Act 43 of 1954) and to administer the three enactments now controlling the Registration of marriages viz. (1) The Hindu Marriages Act, 1955 (Act 25 of 1955), (2) The Special Marriage Act (Act 43 of 1954), and the Christian Marriage Act (Act XV of 1872). This notification is intended to achieve the above object.
Circular No.B 1-14092/76 dated 3-3-1976.
Sub:- The Kerala Hindu Marriage Registration Rules, 1957 - Keeping of report forms - Instructions issued.
As per G.O. MS. 246/75/LA & SWD. dated 29th September, 1975 and G.O. MS. 247/75/LA & SWD dated 29th September, 1975 published in Gazette Extraordinary, dated 29th September 1975, Government have appointed the Director of Panchayats as the Registrar General of Marriages to administer the three enactments (viz., The Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Christian Marriage Act) now controlling the Registration of Marriages.
The time limit of 15 days fixed under Rule 6 of the Kerala Hindu Marriage Registration Rules, 1957 applies both to compulsory and non-compulsory area. As far as this State is concerned no area is declared as compulsory registration area under the said Rules. As long as the registration is not Compulsory in non-Compulsory area, fixing of a time limit is not in any Way useful for any practical purposes. As the registration is intended for the purpose of facilitating the proof of marriages and of statistics, the application received beyond time limit can also be accepted. But the marriages solemnised before 20th May, 1959, i.e., before the Kerala Marriage Registration Rules came into force need not be registered.
It has been noticed that certain Registrars are not maintaining the Marriage registers as laid down in the Kerala Hindu Marriage Registration Rules. This is dereliction of duty and will have to be viewed seriously. All Concerned are requested to maintain the Marriage registers properly as laid down in the said rules.
Recently an instance has come to the notice of the Director of Panchayats/ Registrar General of Marriages that the summons from a Court, directing a Registrar of Marriages to produce a particular report of a marriage before the court, could not be complied as the report was found missing. Ultimately the case before the Court was dismissed for want of evidence regarding marriage. Form No.1 regarding the original report about the marriage is an important record and Rule 10(2) of the Kerala Hindu Marriage Registration Rules, 1957 insists that reports have to be filed as a permanent record. In spite of the seriousness given to the records, some of the Executive Offices/ Registrars not taking steps to keep these records properly which results in great hardship to the public. All Registrars are therefore directed, that the reports on marriages for each year must be kept separately and safely with dockets thereon. All these reports along with the Register for the year must be kept in a steel almirah. An index of these registers must also be kept by the Registrars. The Panchayats Inspectors and the District Panchayat Officers will see that these instructions are strictly complied with by the Executive Officers/Registrars of Panchayats.
Letter No. 10362/75/DHS., dated 13th September, 1975 of the Director of Health Services.
Sub:- Kerala Hindu Marriage Registration Rules, 1975- Duplicates of the marriage reports Forwarding of- Regarding.
As per the Hindu Marriage Act, 1955 and the rules framed here under the Executive Officers of Panchayats and the Municipal Commissioners are the Local Marriage Registrars in the areas concerned. The Marriage Registrars were already made known to forward duplicate marriage reporting forms to this office, at the end of each month. Only a very few marriage registrars are forwarding it to this office promptly. This causes difficulties in understanding how far the facilities for the registration of marriages are utilised properly. The preparation of the reports incorporating complete and accurate date on registration of marriages also becomes difficult.
l, therefore, request you to give directions to them to forward the duplicate copies of marriage reporting forms to this office, promptly. The reporting forms if not sent, may also be requested to be forwarded to this office at the earliest.