Whereas it is expedient to remove any doubts as to the validity of the marriage ceremony common among the Sikhs called Anand;

It is hereby enacted as follows:

1. Short title and extent. — (1) This Act may be called `The Anand Marriage Act, 1909$; and

(2) It extends to the whole of India [1] [except the State of Jammu and Kashmir].

2. Validity of Anand Marriage. — All marriages which may be or may have been duly solemnized according to the Sikh Marriage ceremony called Anand shall be and shall be deemed to have been with effect from the date of the solemnization of each respectively, good and valid in law.

3. Exemption of certain marriages from Act. — Nothing in this Act shall apply to —

(a) any marriage between persons not professing the Sikh religion, or

(b) any marriage which has been judicially declared to be null and void.

4. Saving of marriages solemnized according to other ceremonies. — Nothing in this Act shall affect the validity of any marriage duly solemnized according to any other marriage ceremony customary among the Sikhs.

5. Non-validation of marriages within prohibited degrees. — Nothing in this Act shall be deemed to validate any marriage between persons who are related to each other in any degree of consanguinity or affinity which would, according to the customary law of the Sikhs, render a marriage between them illegal.

[1] Substituted by Miscellaneous Personal Laws (Extension) Act 1959

2.Marriage between Arya Samajists not to be invalid.

2.Marriage between Arya Samajists not to be invalid.-
Notwithstanding any provision of Hindu Law, usage or custom to the contrary no marriage contracted whether before or after the commencement of this Act between two persons being at the time of the marriage Arya Samajists shall be invalid or shall be deemed ever to have been invalid by reason only of the fact that the parties at any time belonged to different castes or different sub-castes of Hindus or that either or both of the parties at any time before the marriage belonged to a religion other than Hinduism.

———————————————————————
1 Subs. by the A. O. 1950, for the former sub-section (2).
2 Subs. by the Adaptation of Laws (No. 3) Order,1956, for “Part B
States”.

Extended to and brought into force in Dadra and Nagar Haveli (w.e.f.
1-7-65) by Reg. 6 of 1963, s. 2 and Sch. I.

1. Short title and commencement.- (1) This Act may be called the
Births, Deaths and Marriages Registration Act, 1886; and

(2) It shall come into force on such day 4* as the Central
Government, by notification in the Official Gazette, directs.

5* * * * *
———————————————————————
1. This Act has been extended to–
Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch.
and brought into force in Dadra and Nagar Haveli by Reg. 6 of
1963, s. 2 and Sch. I with modifications (w.e.f. 1-7-1965).
Rep. (as in force in Bellary District) by Mysore Act 20 of 1956.Rep. (as in force in Ajmer area, Abu Road and Sunel area) by
Rajasthan Act 33 of 1958.2. See now the Special Marriage Act, 1954 (43 of 1954).
3. See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).
4. The 1st October, 1888, see Gazette of India, 1888, Pt. I, p. 336.5. Sub-section (3) rep. by Act 12 of 1891, s. 2 and Sch.

8.2.Extent.

1*[2. Extent.- This Act 2* extends to the whole of India except
3*[the territories which, immediately before the 1st November, 1956, were comprised in Part B States].].

3. definitions.- In this Act, unless there is something repugnant in the subject or context,–

“sign” includes mark, when the person making the mark is unable to write his name:

“prescibed” means prescribed by a rule made 4* under this
Act: and

“Registrar of Births and Deaths” means a Registrar of Births and Deaths appointed under this Act..

4 .Saving of local laws.- Nothing in this Act, or in any rule made under this Act, shall affect any law heretofore or hereafter passed providing for the registration of births and deaths within particular local areas..

5. Powers exercisable from time to time.- All powers conferred by this Act may be exercised from time to time as occasion required.

CHAPTER IIGENERAL REGISTRY OFFICES OF BIRTHS, DEATHS AND MARRIAGES

6. Establishment of general registry offices and appointment of
Registrars General. (1) Each State Government–

(a) shall establish a general registry office for keeping such certified copies of registers of births and deaths registered under this Act, or marriages registered under Act 3 of 1872 5* (15 of 1872), (to provide a form of marriage in certain cases) or the Indian
Christian Marriage Act, 1872 (15 of 1872), or, beyond the local limits of the ordinary original civil jurisdi-
ction of the High Court of Judicature at Bombay, under the Parsi Marriage and Divorce Act, 1865 6* (15 of 1865), as may be sent to it under this Act, or under any of the three last mentioned Acts, as amended by this Act;
and
———————————————————————
1. Subs. by the A. O. 1950, for the former section.
2. It has been declared in force in the Sonthal Pargans by s. 3 of the Sonthal Parganas Settlement Regulation (3 of 1872). It has also been partially extended to Berar by the Berar Laws Act,
1941 (4 of 1941).
3. Subs. by the Adaptation of Laws (No.2) Order, 1956, for “Part B
State”.
4. The words “by the G.G. in C.” rep. by the A. O. 1937.5. See now the Special Marriage Act, 1954 (43 of 1954).
6. See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).

9.(b) may appoint to the charge of that office an officer, to be called the Registrar General of Births, Deaths and
Marriages, for the territories under its administration:

1* * * * *

7.Indexes to be kept at general registry office.

7. Indexes to be kept at general registry office. Each Registrar
General of Births, Deaths and Marriages shall cause indexes of all the certified copies of registers sent to his office under this Act, or under Act 3 of 1872 2*, the Indian Christian Marriage Act, 1872 (15.of 1872), or the Parsi Marriage and Divorce Act, 1865 3* (5 of 1865), as amended by this Act, to be made and kept in his office in the prescribed form.

8.Indexes to be open to inspection.

8. Indexes to be open to inspection.- Subject to the payment of the prescribed fees, the indexes so made shall be at all reasonable times open to inspection by any person applying to inspect them, and copies of entries in the certified copies of the registers to which the indexes relate shall be given to all persons applying for them.

9.Copies of entries to be admissible in evidence.

9. Copies of entries to be admissible in evidence.- A copy of an entry given under the last foregoing section shall be certified by the
Registrar General of Births, Deaths and Marriages, or by an officer authorized in this behalf by the State Government, and shall be admissible in evidence for the purpose of proving the birth, death or marriage to which the entry relates.

10.Superintendence of Registrars by Registrar General.

10. Superintendence of Registrars by Registrar General.- Each
Registrar General of Births, Deaths and Marriages shall exercise a general superintendence over the Registrars of Births and Deaths in the territories for which he is appointed.

CHAPTER IIIREGISTRATION OF BIRTHS AND DEATHS

11. Persons whose births and deaths are registrable.- (1) The persons whose births and deaths shall, in the first instance, be registrable under this Chapter are the following, namely:–

(a) in 4*[the territories to which this Act extends] the members of every race, sect or tribe to which the
Indian Succession
———————————————————————
1. Sub-section (2) rep. by the A. O. 1937.2. See now the Special Marriage Act, 1954 (43 of 1954).
3. See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).
4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “a Part
A State or a Part C State”.

10.Act, 1865 1* (10 of 1865.), applies, and in respect of which an order under section 332 of that Act is not for the time being in force, and all persons professing the
Christian religion;

2*

(2) But the State Government, by notification in the Official
Gazette, may 3* extend the operation of this Chapter to any other class of persons either generally or in any local area.

B.–Registration establishment

12.Power for State Government to appoint Registrars for its territories.

12. Power for State Government to appoint Registrars for its territories.- The State Government may appoint, either by name or by virtue of their office, so many persons as it thinks necessary to be
Registrars of Births and Deaths for such local areas within the territories under its administration as it may define and, if it sees fit, for any class of persons within any part of those territories.

13.Power for Central Government to appoint Registrars for Indian States.

13. [Power for Central Government to appoint Registrars for
Indian States] Rep. by the A. O. 1950.

14.Registrar to be deemed a public servant.

14. Registrar to be deemed a public servant.- Every Registrar of
Births and Deaths shall be deemed to be a public servant within the meaning of the Indian Penal Code. (45 of 1860.).

15.[Repealed.]

15. [Power to remove Registrars.] Rep. by the A. O. 1937.16.Office and attendance of Registrar.

16. Office and attendance of Registrar.- (1) Every Registrar of
Births and Deaths shall have an office in the local area, or within the part of the territories or dominions, for which he is appointed.

(2) Every Registrar of Births and Deaths to whom the State
Government may direct this sub-section to apply shall attend at his office for the purpose of registering births and deaths on such days and at such hours as the Registrar General of Births, Deaths and
Marriages may direct, and shall cause to be placed in some conspicuous place on or near the outer door of his office his name, with the addition of Registrar of Births and Deaths for the local area or class for which he is appointed, and the days and hours of his attendance.

17.Absence of Registrar or vacancy in his office.

17. Absence of Registrar or vacancy in his office.- (1) When any
Registrar of Births and Deaths to whom the State Government may direct this section to apply 4*, not being a
———————————————————————
1. See now the Indian Succession Act, 1925 (39 of 1925), s. 3.2. Cl. (b) rep. by the A. O. 1950.
3. The words “with the previous approval of the G. G. in C.,”
omitted by Act 38 of 1920, s. 2 and Sch. I
4. The section has been declared by the Govt, of Madras to apply to all Registrars appointed by that Govt, under s. 12, see Mad, R.
and O.

11.Registrar of Births and Deaths for a local area in the town of
Calcutta, Madras or Bombay, is absent, or when his office is temporarily vacant, any person whom the Registrar General of Births, Deaths and Marriages appoints in this behalf, or, in default of such appointment, the Judge of the District Court within the local limits of whose jurisdiction the Registrars office is situate, or such other officer as the State Government appoints in this behalf, shall be the
Registrar of Births and Deaths during such absence or until the State
Government fills the vacancy.

(2) When any such Registrar of Births and Deaths for a local area in the town of Calcutta, Madras or Bombay is absent, or when his office is temporarily vacant, any person whom the Registrar General of
Births, Deaths and Marriages appoints in this behalf shall be the
Registrar of Births and Deaths during such absence or until the State
Government fills the vacancy.

(3) The Registrar General of Births, Deaths and Marriages shall report to the State Government all appointments made by him under this section.

18.Register books to be supplied and preservation of records to beprovided for.

18. Register books to be supplied and preservation of records to be provided for.- The State Government shall supply every Registrar of
Births and Deaths with a sufficient number of register books of births and of register books of deaths, and shall make suitable provision for the preservation of the records connected with the registration of births and deaths.

C.–Mode of registration

19.Duty of Registrar to register births and deaths of which notice isgiven.

19. Duty of Registrar to register births and deaths of which notice is given.- Every Registrar of Births and Deaths, on receipt of notice of a birth or death within the local area or among the class for which he is appointed, shall, if the notice is given within the prescribed time and in the prescribed mode by a person authorized by this Act to give the notice, forthwith make an entry of the birth or death in the proper register book:

Provided that–

(a) if he has reason to believe the notice to be in any respect false, he may refuse to register the birth or death until he receives an order from the Judge of the
District Court directing him to make the entry and prescribing the manner in which the entry is to be made; and

(b) he shall not enter in the register the name of any person as father of an illegitimate child, unless at the request

12.of the mother and of the person acknowledging himself to be the father of the child.

20.Persons authorized to give notice of birth.

20. Persons authorized to give notice of birth.- Any of the following persons may give notice of a birth, namely:–

(a) the father or mother of the child;

(b) any person present at the birth;

(c) any person occupying, at the time of the birth, any part of the house wherein the child was born and having knowledge of the child having been born in the house;

(d) any medical practitioner in attendance after the birth and having personal knowledge of the birth having occurred;

(e) any person having charge of the child.

21.Persons authorized to give notice of death.

21. Persons authorized to give notice of death. Any of the following persons may give notice of a death, namely:–

(a) any relative of the deceased having knowledge of any of the particulars required to be registered concerning the death;

(b) any person present at the death;

(c) any person occupying, at the time of the death, any part of the house wherein the death occurred and having knowledge of the deceased having died in the house;

(d) any person in attendance during the last illness of the deceased;

(e) any person who has seen the body of the deceased after death.

22.Entry of birth or death to be signed by person giving notice.

22. Entry of birth or death to be signed by person giving notice.-
(1) When an entry of a birth or death has been made by the Registrar of Births and Deaths under section 19, the person giving notice of the birth or death must sign the entry in the register in the presence of the Registrar:

1*[Provided that it shall not be necessary for the person giving notice to attend before the Registrar or to sign the entry in the register if he has given such notice in writing and has furnished to the satisfaction of the Registrar such evidence of his identity as may be required by any rules made by the State Government in this behalf.]
———————————————————————
1. Ins. by Act 9 of 1911, s. 2.13.(2) Until the entry has been so signed 1*[or the conditions specified in the proviso to sub-section (1) have been complied with], the birth or death shall not be deemed to be registered under this
Act.

(3) When the birth of an illegitimate child is registered, and the mother and the person acknowledging himself to be the father of the child jointly request that person may be registered as the father, the mother and that person must both sign the entry in the register in the presence of the Registrar.

23.Grant of certificate of registration of birth or death.

23. Grant of certificate of registration of birth or death.- The
Registrar of Births and Deaths shall, on application made at the time of registering any birth by the person giving notice of the birth or death, and on payment by him of the prescribed fee, give to the applicant a certificate in the prescribed form, signed by the registrar, of having registered the birth or death.

24.Duty of Registrars as to sending certified copies of entries inregister books to Registrar General.

24. Duty of Registrars as to sending certified copies of entries in register books to Registrar Genearal.- (1) Every Registrar of Births and Deaths in 2*[the territories to which this Act extends] shall send to the Registrar General of Births, Deaths and Marriages for the territories within which the local area or class for which he is appointed is situate or resides, at the prescribed intervals, a true copy certified by him, in the prescribed from, of all the entries of births and deaths in the register book kept by him since the last of those intervals:

Provided that in the case of Registrars of Births and Deaths who are clergyman of the churches of England, Rome and Scotland, the
Registrar may, if so directed by his ecclesiastical superior, send the certified copies in the first instance to that superior, who shall send them to the proper Registrar General of Births, Deaths and
Marriages.

In this sub-section “Church of England” and “Church of Scotland”
mean the Church of England and the Church of Scotland as by law established respectively; and “Church of Rome” means the Church which regards the Pope of Rome as its spiritual head.

3* * * * *

4* * * * *

25.Searches and copies of entries in register books.

25. Searches and copies of entries in register books.- (1) Every
Registrar of Births and Deaths shall, on payment of the prescribed fees, at all reasonable times, allow searches to be
———————————————————————
1. Ins. by Act 9 of 1911, s. 2.2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part A
States or Part C States”.
3. Sub-section (2) rep. by the A.O. 1950.
4. The proviso to sub-section (2) of s. 24, ins. by Act 38 of 1920, s. 2 and Sch. I, rep. by the A. O. 1937.14.made in the register books kept by him, and give a copy of any entry in the same.

(2) Every copy of an entry in a register book given under this section shall be certified by the Registrar of Births and Deaths, and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates.

26.Exceptional provision for registration of certain births and deaths.

26. Exceptional provision for registration of certain births and deaths.- Notwithstanding anything in section 19, the 1*[State
Government] may make rules 2* authorizing Registrars of Births and
Deaths, on conditions and in circumstances to be specified in the rules, to register births and deaths occuring outside the local areas or classes for which they are appointed.

D.–Penalty for false information

27.Penalty for wilfully giving false information.

27. Penalty for wilfully giving false information.- If any person wilfully makes, or causes to be made, for the purpose of being inserted in any register of births or deaths, any false statement in connection with any notice of a birth or death under this Act, he shall be punished with imprisonment for a term which may extend to three years, or with fine or with both.

E.–Correction of errors

28.Correction of entry in register of births or deaths.

28. Correction of entry in register of births or deaths.- (1) If it is proved to the satisfaction of a Registrar of Births and Deaths that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, he may, subject to such rules 2* as may be made by the 1*[State Government] with respect to the conditions and circumstances on and in which errors may be corrected, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction.

(2) If a certified copy of the entry has already been sent to the
Registrar General of Births, Deaths and Marriages, the Registrar of
Births and Deaths shall make and send a separate certified copy of the original erroneous entry and of the marginal correction therein made.
———————————————————————
1. Subs. by Act 9 of 1911, s. 3, for “G. G. in C.”
2. For rules made under s. 26 conjointly with ss. 28 and 36, see
Gazette of India, 1888, Pt. I, p. 336, and different local Rules and Orders. All rules made by the G.G. in C. under this Act, before 1911, shall be deemed to have been made by the State
Governments, see s. 6 of Act 9 of 1911.14A

CHAPTER VSPECIAL PROVISIONS AS TO CERTAIN EXISTING REGISTERS

32. Permission to persons having custody of certain records to send them within one year to Registrar General.- If any person in
1*[the territories to which this Act extends] has for the time being the custody of any register or record of birth, baptism, naming, dedication, death or burial of any persons of the classes referred to in section 11, sub-section (1), or of any register or record of marriage of any persons of the classes to which Act 3 of 1872 or the
Indian Christian Marriage Act, 1872 (15 of 1872), or the Parsi
Marriage and Divorce Act, 1865 (15 of 1865), applies, and if such register or record has been made otherwise than in performance of a duty specially enjoined by the law of the country in which the register or record was kept, he may, 2*[at any time before the first day of April, 1891,] send the register or record to the office of the
Registrar General of Births, Deaths and Marriages for the territories within which he resides, 3***
———————————————————————
1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “a Part
A State or a Part C State”.
2. Subs. by Act 16 of 1890, s. 1, for “within one year from the date on which this Act comes into force”.
3. Certain words including the proviso which was ins. by Act 38 of
1920, s. 2 and Sch. omitted by the A.O. 1950.

15.33.Appointment of Commissioners to examine registers.

33. Appointment of Commissioners to examine registers.- 1*[(1) Any
State Government in the case of registers or records sent under section 32 to the Registrar General for the territories under its administration, 2* may appoint so many persons as it 3* thinks fit to be Commissioners for examining such registers or records.]

(2) The Commissioners so appointed shall hold office for such period as the 4*[authority appointing them], by the order of appointment, or any subsequent order, directs.

34.Duties of Commissioners.

34. Duties of Commissioners.- (1) The commissioners appointed under the last foregoing section shall enquire into the state, custody and authenticity of every such register or record as may be sent to the Registrar General of Births, Deaths and Marriages under section
32;

and shall deliver to the Registrar General a descriptive list or descriptive lists of all such registers or records, or portions of registers or records, as they find to be accurate and faithful.

(2) The list or lists shall contain the prescribed particulars and refer to the registers or records, or to the portions of the registers or records, in the prescribed manner.

(3) The Commissioners shall also certify in writing, upon some part of every separate book or volume containing any such register or record, or portion of a register or record, as is referred to in any list or lists made by the Commissioners, that it is one of the registers or records, or portions of registers or records, referred to in the said list or lists.

35.Searches of lists prepared by Commissioners and grant of certifiedcopies of entries.

35. Searches of lists prepared by Commissioners and grant of certified copies of entries.- (1) Subject to the payment of the prescribed fees, the descriptive list or lists of registers or records, or portions of registers or records, delivered by the
Commissioners to the Registrar General of Births, Deaths and Marriages shall be, at all reasonable times, open to inspection by any person applying to inspect it or them, and copies of entries in those registers or records shall be given to all persons applying for them.

(2) A copy of an entry given under this section shall be certified by the Registrar General of Births, Deaths and Marriages, or by an officer or person authorized in this behalf by the State
Government and shall be admissible in evidence for the purpose of proving the birth, baptism, naming, dedication, death, burial or marriage to which the entry relates.
———————————————————————
1. Subs. by Act 38 of 1920, s. 2 and Sch. I, for the original sub-
section (1),
2. Certain words were rep. by the A. O. 1950.
3. The words “or he, as the case may be, “were rep. by the A.O.
1937.4. Subs. for “G. G. in C.” by Act 38 of 1920, s. 2 and Sch. I

16.35A.

Constitution of additional Commissions for purposes of this Chapter.

1*[35A. Constitution of additional Commissions for purposes of this Chapter.- (1) 2* The State Government 3*[may by notification in the Official Gazette] appoint more Commission 4* than one for the purposes of section 33, each such Commission consisting of so many and such members, and having its functions restricted to the disposal, under this Act and the rules thereunder, of such registers and records sent under section 32 to the Registrar General, as may be specified in the notification.

(2) If more Commissions than one are appointed in exercise of the power conferred by sub-section (1), then references in this Act to the
Commissioners shall be construed as references to the members constituting a Commission so appointed.]

CHAPTER VIRULES

*[36. Rules.- 6*[(1) The State Government, for each State, 7* may make rules to carry out the purposes of this Act.]

(2) In particular and without prejudice to the generality of the foregoing power, such rules may–

(a) fix the fees payable under this Act;

(b) prescribe the forms required for the purposes of this
Act;

(c) prescribe the time within which, and the mode in which, persons authorized under this Act to give notice of a birth or death to a Registrar of Births and Deaths must give the notice;
———————————————————————
1. S. 35A was added by the Births, Deaths and Marriages Registration
Act (1886) Amendment Act, 1890 (16 of 1890), s. 2, which was repealed by the Devolution Act, 1920 (38 of 1920), s. 3 and Sch.
II, The present sub-section (i) was subs. for the original sub-section by the Devolution Act, 1920 (38 of 1920), s. 2 and
Sch. I, and sub-section (2), which is the same as the original sub-section (2), was ins. by the Repealing and Amending Act, 1934.(24 of 1934), s. 2 and Sch. I.
2. The words “The Central Govt. or” were rep. by the A. O. 1950.
3. Subs. by the A.O. 1937, for “if he or it thinks fit, may by notification in the Gazette of India or the local official
Gazette, as the case may be.”
4. For Commissioners appointed under this section, see Gazette of
India, 1890, Pt. I, p. 744.5. Subs. by Act 9 of 1911, s. 4, for the original section.
6. Subs. by the A.O. 1937, for the original sub-section.
7. The words “and the Central Govt., for British subjects in Indian
States were rep. by the A. O. 1950.

17.(d) prescribe the evidence of identity to be furnished to a
Registrar of Births and Deaths by persons giving notice of a birth or death in cases where personal attendance before such Registrar is dispensed with;

(e) prescribe the registers to be kept and the form and manner in which Registrars of Births and Deaths are to register births and deaths under this Act, and the intervals at which they are to send to the Registrar
General of Births, Deaths and Marriages true copies of the entries of births and deaths in the registers kept by them;

(f) prescribe the conditions and circumstances on and in which Registrars of Births and Deaths may correct entries of births and deaths in registers kept by them;

(g) prescribe the particulars which the descriptive list or lists to be prepared by the Commissioners appointed under Chapter V are to contain, and the manner in which they are to refer to the registers or records, or portions of registers or records, to which they relate;
and

(h) prescribe the custody in which those registers or records are to be kept.

(3) Every power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication.

(4) All rules made under this Act shall be published in the
Official Gazette, and on such publication shall have effect as if enacted in this Act.]

37.[Repealed.]

37. [Procedure for making and publication of rules.] Rep. by the
Births, Deaths and Marriages Registration Amendment Act, 1911 (9 of
1911)

Whereas it is expedient to restrain the solemnisation of child marriages; It is hereby enacted as follows: —

1. Short title, extend and commencement . — This Act may be called the Child Marriage Restraint Act, 1929.

(2) It extends to the whole of India except the State of Jammu and Kashmir and it applies also to all citizens of India without and beyond India.

(3) It shall come into force on the 1st day of April, 1930.

2. Definitions . — In this Act, unless there is anything repugnant in the subject or context, —

[1] [(a) “child” means a person who, if a male, has not completed twenty one years of age, and if a female, has not completed eighteen years of age;]

(b)“child marriage” means a marriage to which either of the contracting parties is a child;

(c)“contracting party” to a marriage means either of the parties whose marriage is or is about to be thereby solemnised; and

(d)“minor” means a person of either sex who is under eighteen years of age.

3. Punishment for male adult below twenty-one years of age marrying a child. — Whoever, being a male above eighteen years of age and below twenty-one, contracts a child marriage shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.

4. Punishment for male adult above twenty-one years of age marrying a child. — Whoever, being a male above twenty-one years of age, contracts a child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

5. Punishment for solemnising a child marriage. — (1) Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine, unless he proves that he had reason to believe that the marriage was not a child marriage.

6. Punishment for parent or guardian concerned in a child marriage. — (1) Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

Provided that no woman shall be punishable with imprisonment.

(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised.

[2] [7. Offences to be cognizable for certain purposes. — The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to offences under this Act as if they were cognizable offences —

(a)for the purpose of investigation of such offences; and

(b)for the purposes of matters other than (i) matters referred to in Section 42 of that Code, and (ii) the arrest of a person without a warrant or without an order of a Magistrate.]

8. Jurisdiction under this Act. — Notwithstanding anything contained in Section 190 of the [3] [Code of Criminal Procedure, 1973 (2 of 1974),] no Court other than that of a [4] [Metropolitan Magistrate or a Judicial Magistrate of the first class] shall take cognizance of, or try, any offence under this Act.

9. Mode of taking cognizance of offences. — No Court shall take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed.

10. Preliminary inquiries into offences. — Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance, shall, unless it dismisses the complaint under Section 203 of the [5] [Code of Criminal Procedure, 1973 (2 of 1974)] either itself make an inquiry under Section 202 of that Code or direct a Magistrate subordinate to it to make such inquiry.

STATE AMENDMENT

Gujarat

In its application to the State of Gujarat, Section 10 is deleted.

[Gujarat Act 11 of 1964]

11. [Power to take security from complainant.] Repealed by the Child Marriage Restraint (Amendment) Act, 1949 (41 of 1949), Sec. 7.

12. Power to issue injunction prohibiting marriage in contravention of this Act. — (1) Notwithstanding anything to the contrary contained in this Act, the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnised, issue an injunction against any of the persons mentioned in Sections 3, 4, 5 and 6 of this Act prohibiting such marriage.

(2) No injunction under sub-section (1) shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to show cause against the issue of the injunction.

(3) The Court may either on its own motion or on the application of any person aggrieved rescind or alter any order made under sub-section (1).

(4) Where such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the Court rejects the application wholly or in part, it shall record in writing its reasons for so doing.

(5) Whoever knowing that an injunction has been issued against him under sub-section (1) of this section disobeys such injunction shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both:

Provided that no woman shall be punishable with imprisonment.

STATE AMENDMENT

Gujarat

After Section 12 the following sections added namely: —

“13 Child Marriage Prevention Officers. — (1) The State Government may, by notification in the official Gazette, appoint for the whole State or for such part thereof as may be specified in that notification an officer to be known as Child Marriage Prevention Officer.

(2) It shall be the duty of the Child Marriage Prevention Officer, —

(i)to prevent marriages being performed in contravention of the provisions of this Act by taking such action under this Act as he deems fit;

(ii)to collect evidence for the effective prosecutions of persons contraventing provisions of this Act; and

(iii)to discharge such other functions as may be assigned to him by the State Government.

(3) The State Government may, by notification in the official Gazette, invested the Child Marriage Prevention Officer with such powers of a Police Officer as may be specified in the notification and the Child Marriage Prevention Officer shall exercise his powers subject to such limitations and conditions as may be specified in the notification.

(4) The State Government may associate with each Child Marriage Prevention Officer a non-official advisory body consisting of not more than five social welfare workers, of whom at least two shall be women workers known in the area within the jurisdiction of the officer for the purposes of advising and assisting him in the performance of his functions under this Act.

(5) The terms and conditions of appointment of persons on the advisory body shall be such as may be prescribed by rules.”

“13-A. Officer appointed under the Act to be public servant. — The Child Marriage Prevention Officer appointed under Section 13 shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.”

13-B. Protection of action taken in good faith. — No suit, prosecution or other legal proceeding shall lie against the Child Marriage Prevention Officer appointed under this Act in respect of anything in good faith done or intended to be done in pursuance of this act or of any rules or orders made thereunder.”

“14. Power to make rules. — (1) The State Government may, by notification in the official Gazette, make rules, for the purposes of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for all matters expressly required or allowed by this Act to be prescribed by rules.

(3) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.

(4) All rules made under this section shall be laid for not less than thirty days before theState Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

(5) Any rescission or modification so made by the State Legislature shall be published in the official Gazette and shall thereupon take effect.”

[Gujarat Act 11 of 1964 and 4 of 1973]

<[endif]>

[1] Subs. by Act No. 2 of 1978, (w.e.f. 2-10-1978).

[2] Sub. by Act No. 2 of 1978, (w.e.f. 2-10-1978).

[3] Subs. for the words “Code of Criminal Procedure, 1898” by Act No. 21 of 1978.

[4] Subs. by Act No. 2 of 1978 for certain words.

[5] Subs. or the words “Code of Criminal Procedure, 1898”, by Act No. 2 of 1978.

Year : 1929

Act :

THE CHILD MARRIAGE RESTRAINT ACT, 1929.ACT No. 19 OF 1929 1*

[1st October, 1929.]

An Act to restrain the solemnisation of child marriages.

WHEREAS it is expedient to restrain the solemnisation of child marriages; It is hereby enacted as follows:-

1.Short title, extent and commencement.

1. Short title, extent and commencement.-(1) This Act may be called the Child Marriage Restraint Act, 2*[1929].

3*[(2) It extends to the whole of India 4*[except the State of
Jammu and Kashmir]; and it applies also to all citizens of India without and beyond India:]

5*[Provided that nothing contained in this Act shall apply to the
Renoncants of the Union territory of Pondicherry.]

(3) It shall come into force on the 1st day of April, 1930.

2.Definitions.

2. Definitions.-In this Act, unless there is anything repugnant in the subject or context,-

6 *[(a) "child" means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age;]

(b) “child marriage” means a marriage to which either of the contracting parties is a child;

(c) “contracting party” to a marriage means either of the parties whose marriage is 7*[or is about to be] thereby solemnised; and

(d) “minor” means a person of either sex who is under eighteen years of age.

——————————————————————–
1 This Act has been supplemented in Assam by Assam Act 27 of
1948, s. 45.This Act has been extended to and brought into force in Dadra and
Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I;
Extended to Goa, Daman and Diu by Reg. 11 of 1963, s.3 and Sch. and to Laccadive, Minicoy and Amindivi Islands (w.e.f. 1-10-1967): by
Reg. 8 of 1965, s. 3 and Sch.

2 Subs. by Act 8 of 1930, s. 2 and Sch. I, for “1928″.

3 Subs. by the A. O. 1950, for the former sub-section.

4 Subs. by Act 3 of 1951, for “except Part B States”.

5 Ins. by Act 26 of 1968, s. 3 and Sch.

6 Subs. by Act 2 of 1978, s. 2, for cl. (a) (w.e.f. 1-10-1978).

7 Ins. by Act 19 of 1938, s. 2.——————————————————————–

652.3.Punishment for male adult below twenty-one years of age marrying a child.

3. Punishment for male adult below twenty-one years of age marrying a child.-Whoever, being a male above eighteen years of age and below twenty-one, contracts a child marriage 1*[shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both].

4.Punishment for male adult above twenty-one years of age marrying a child.

4. Punishment for male adult above twenty-one years of age marrying a child. Whoever, being a male above twenty-one years of age contracts a child marriage shall be punishable with 2*[simple imprisonment which may extend to three months and shall also be liable to fine].

5.Punishment for solemnising a child marriage.

5. Punishment for solemnising a child marriage.-Whoever performs, conducts or directs any child marriage shall be punishable with with 2*[simple imprisonment which may extend to three months and shall also be liable to fine], unless he proves that he had reason to believe that the marriage was not a child marriage.

6.Punishment for parent or guardian concerned in a child marriage.

6. Punishment for parent or guardian concerned in a child marriage.-(1) Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with 2 *[simple imprisonment which may extend to three months and shall also be liable to fine]:

Provided that no woman shall be punishable with imprisonment.

(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised.

7.Offences to be cognizable for certain purposes.

3*[7. Offences to be cognizable for certain purposes.-The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to offences under this Act as if they were cognizable offences-

(a) for the purpose of investigation of such offences; and

(b) for the purposes of matters other than (i) matters referred to in section 42 of that Code, and (ii) the arrest of a person without a warrant or without an order of a
Magistrate.]

——————————————————————–
1 Subs. by Act 41 of 1949, s. 3, for ” shall be punishable with fine which may extend to one thousand rupees”.

2 Subs. by s. 4, ibid., for “simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both”.

3 Ins. by Act 2 of 1978 s. 3 (w.e.f. 1-10-1978)
———————————————————————-

653.8.Jurisdiction under this Act.

8. Jurisdiction under this Act.-Notwithstanding anything contained in section 190 of the 1*[Code of Criminal Procedure, 1973 (2.of 1974),] no Court other than that of a 1*[Metropolitan Magistrate or a Judicial Magistrate of the first class] shall take cognizance of, or try, any offence under this Act.

9.Mode of taking cognizance of offences.

2*[9. Mode of taking cognizance of offences.-No Court shall take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed.]

10.Preliminary inquires into offences.

3*[10. Preliminary inquires into offences.-Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance, shall, unless it dismisses the complaint under section 203.of the 4*[Code of Criminal Procedure, 1973 (2 of 1974),] either itself make an inquiry under section 202 of that Code or direct a Magistrate subordinate to it to make such inquiry.]

11.Power to take security from complainant.

11. [Power to take security from complainant.] Rep. by the Child
Marriage Restraint (Amendment) Act, 1949 (41 of 1949), s. 7.12.Power to issue injunction prohibiting marriage in contravention of this Act.

5*[12. Power to issue injunction prohibiting marriage in contravention of this Act.-(1) Notwithstanding anything to the contrary contained in this Act, the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnised, issue an injunction against any of the persons mentioned in sections 3, 4, 5, and 6 of this Act prohibiting such marriage.

(2) No injunction under sub-section (1) shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to show cause against the issue of the injunction.

(3) The Court may either on its own motion or on the application of any person aggrieved rescind or alter any order made under sub-
section (1).

(4) Where such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the Court rejects the application wholly or in part, it shall record in writing its reasons for so doing.

(5) Whoever knowing that an injunction has been issued against him under sub-section (1) of this section disobeys such injunction shall

---------------------------------------------------------------------

1 Subs. by Act 2 of 1978, s. 4, for certain words (w.e.f.
1-10-1978).

2 Subs. by Act 19 of 1938, s.4 for the original section.

3 subs. by Act 41 of 1949, S. 6, for the original section.

4 Subs. by Act 2 of 1978, s. 5, for certain words (w.e.f.
1-10-1978).

5 Ins. by Act 19 of 1938, s. 6.--------------------------------------------------------------------

654.be punished with imprisonment of either description for a term which may extend to three months, or with fine-which may extend to one thousand rupees, or with both:

Provided that no woman shall be punishable with imprisonment.

Year : 1929

Act : An Act to restrain the solemnisation of child marriages.

Whereas it is expedient to restrain the solemnisation of child marriages; It is hereby enacted as follows: —

1. Short title, extend and commencement . — This Act may be called the Child Marriage Restraint Act, 1929.

(2) It extends to the whole of India except the State of Jammu and Kashmir and it applies also to all citizens of India without and beyond India.

(3) It shall come into force on the 1st day of April, 1930.

2. Definitions . — In this Act, unless there is anything repugnant in the subject or context, —

[1] [(a) “child” means a person who, if a male, has not completed twenty one years of age, and if a female, has not completed eighteen years of age;]

(b)“child marriage” means a marriage to which either of the contracting parties is a child;

(c)“contracting party” to a marriage means either of the parties whose marriage is or is about to be thereby solemnised; and

(d)“minor” means a person of either sex who is under eighteen years of age.

3. Punishment for male adult below twenty-one years of age marrying a child. — Whoever, being a male above eighteen years of age and below twenty-one, contracts a child marriage shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.

4. Punishment for male adult above twenty-one years of age marrying a child. — Whoever, being a male above twenty-one years of age, contracts a child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

5. Punishment for solemnising a child marriage. — (1) Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine, unless he proves that he had reason to believe that the marriage was not a child marriage.

6. Punishment for parent or guardian concerned in a child marriage. — (1) Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

Provided that no woman shall be punishable with imprisonment.

(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised.

[2] [7. Offences to be cognizable for certain purposes. — The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to offences under this Act as if they were cognizable offences —

(a)for the purpose of investigation of such offences; and

(b)for the purposes of matters other than (i) matters referred to in Section 42 of that Code, and (ii) the arrest of a person without a warrant or without an order of a Magistrate.]

8. Jurisdiction under this Act. — Notwithstanding anything contained in Section 190 of the [3] [Code of Criminal Procedure, 1973 (2 of 1974),] no Court other than that of a [4] [Metropolitan Magistrate or a Judicial Magistrate of the first class] shall take cognizance of, or try, any offence under this Act.

9. Mode of taking cognizance of offences. — No Court shall take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed.

10. Preliminary inquiries into offences. — Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance, shall, unless it dismisses the complaint under Section 203 of the [5] [Code of Criminal Procedure, 1973 (2 of 1974)] either itself make an inquiry under Section 202 of that Code or direct a Magistrate subordinate to it to make such inquiry.

STATE AMENDMENT

Gujarat

In its application to the State of Gujarat, Section 10 is deleted.

[Gujarat Act 11 of 1964]

11. [Power to take security from complainant.] Repealed by the Child Marriage Restraint (Amendment) Act, 1949 (41 of 1949), Sec. 7.

12. Power to issue injunction prohibiting marriage in contravention of this Act. — (1) Notwithstanding anything to the contrary contained in this Act, the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnised, issue an injunction against any of the persons mentioned in Sections 3, 4, 5 and 6 of this Act prohibiting such marriage.

(2) No injunction under sub-section (1) shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to show cause against the issue of the injunction.

(3) The Court may either on its own motion or on the application of any person aggrieved rescind or alter any order made under sub-section (1).

(4) Where such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the Court rejects the application wholly or in part, it shall record in writing its reasons for so doing.

(5) Whoever knowing that an injunction has been issued against him under sub-section (1) of this section disobeys such injunction shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both:

Provided that no woman shall be punishable with imprisonment.

STATE AMENDMENTGujarat

After Section 12 the following sections added namely: —

“13 Child Marriage Prevention Officers. — (1) The State Government may, by notification in the official Gazette, appoint for the whole State or for such part thereof as may be specified in that notification an officer to be known as Child Marriage Prevention Officer.

(2) It shall be the duty of the Child Marriage Prevention Officer, —

(i)to prevent marriages being performed in contravention of the provisions of this Act by taking such action under this Act as he deems fit;

(ii)to collect evidence for the effective prosecutions of persons contraventing provisions of this Act; and

(iii)to discharge such other functions as may be assigned to him by the State Government.

(3) The State Government may, by notification in the official Gazette, invested the Child Marriage Prevention Officer with such powers of a Police Officer as may be specified in the notification and the Child Marriage Prevention Officer shall exercise his powers subject to such limitations and conditions as may be specified in the notification.

(4) The State Government may associate with each Child Marriage Prevention Officer a non-official advisory body consisting of not more than five social welfare workers, of whom at least two shall be women workers known in the area within the jurisdiction of the officer for the purposes of advising and assisting him in the performance of his functions under this Act.

(5) The terms and conditions of appointment of persons on the advisory body shall be such as may be prescribed by rules.”

“13-A. Officer appointed under the Act to be public servant. — The Child Marriage Prevention Officer appointed under Section 13 shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.”

13-B. Protection of action taken in good faith. — No suit, prosecution or other legal proceeding shall lie against the Child Marriage Prevention Officer appointed under this Act in respect of anything in good faith done or intended to be done in pursuance of this act or of any rules or orders made thereunder.”

“14. Power to make rules. — (1) The State Government may, by notification in the official Gazette, make rules, for the purposes of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for all matters expressly required or allowed by this Act to be prescribed by rules.

(3) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.

(4) All rules made under this section shall be laid for not less than thirty days before theState Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

(5) Any rescission or modification so made by the State Legislature shall be published in the official Gazette and shall thereupon take effect.”

[Gujarat Act 11 of 1964 and 4 of 1973]

<[endif]>

[1] Subs. by Act No. 2 of 1978, (w.e.f. 2-10-1978).

[2] Sub. by Act No. 2 of 1978, (w.e.f. 2-10-1978).

[3] Subs. for the words “Code of Criminal Procedure, 1898” by Act No. 21 of 1978.

[4] Subs. by Act No. 2 of 1978 for certain words.

[5] Subs. or the words “Code of Criminal Procedure, 1898”, by Act No. 2 of 1978.

Year : 1929

Act :

THE CHILD MARRIAGE RESTRAINT ACT, 1929.ACT No. 19 OF 1929 1*[1st October, 1929.]

An Act to restrain the solemnisation of child marriages.

WHEREAS it is expedient to restrain the solemnisation of child marriages; It is hereby enacted as follows:-

1.Short title, extent and commencement.

1. Short title, extent and commencement.-(1) This Act may be called the Child Marriage Restraint Act, 2*[1929].

3*[(2) It extends to the whole of India 4*[except the State of
Jammu and Kashmir]; and it applies also to all citizens of India without and beyond India:]

5*[Provided that nothing contained in this Act shall apply to the
Renoncants of the Union territory of Pondicherry.]

(3) It shall come into force on the 1st day of April, 1930.

2.Definitions.

2. Definitions.-In this Act, unless there is anything repugnant in the subject or context,-

6 *[(a) "child" means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age;]

(b) “child marriage” means a marriage to which either of the contracting parties is a child;

(c) “contracting party” to a marriage means either of the parties whose marriage is 7*[or is about to be] thereby solemnised; and

(d) “minor” means a person of either sex who is under eighteen years of age.

——————————————————————–
1 This Act has been supplemented in Assam by Assam Act 27 of
1948, s. 45.This Act has been extended to and brought into force in Dadra and
Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I;
Extended to Goa, Daman and Diu by Reg. 11 of 1963, s.3 and Sch. and to Laccadive, Minicoy and Amindivi Islands (w.e.f. 1-10-1967): by
Reg. 8 of 1965, s. 3 and Sch.

2 Subs. by Act 8 of 1930, s. 2 and Sch. I, for “1928″.

3 Subs. by the A. O. 1950, for the former sub-section.

4 Subs. by Act 3 of 1951, for “except Part B States”.

5 Ins. by Act 26 of 1968, s. 3 and Sch.

6 Subs. by Act 2 of 1978, s. 2, for cl. (a) (w.e.f. 1-10-1978).

7 Ins. by Act 19 of 1938, s. 2.——————————————————————–

652.3.Punishment for male adult below twenty-one years of age marrying a child.

3. Punishment for male adult below twenty-one years of age marrying a child.-Whoever, being a male above eighteen years of age and below twenty-one, contracts a child marriage 1*[shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both].

4.Punishment for male adult above twenty-one years of age marrying a child.

4. Punishment for male adult above twenty-one years of age marrying a child. Whoever, being a male above twenty-one years of age contracts a child marriage shall be punishable with 2*[simple imprisonment which may extend to three months and shall also be liable to fine].

5.Punishment for solemnising a child marriage.

5. Punishment for solemnising a child marriage.-Whoever performs, conducts or directs any child marriage shall be punishable with with 2*[simple imprisonment which may extend to three months and shall also be liable to fine], unless he proves that he had reason to believe that the marriage was not a child marriage.

6.Punishment for parent or guardian concerned in a child marriage.

6. Punishment for parent or guardian concerned in a child marriage.-(1) Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with 2 *[simple imprisonment which may extend to three months and shall also be liable to fine]:

Provided that no woman shall be punishable with imprisonment.

(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised.

7.Offences to be cognizable for certain purposes.

3*[7. Offences to be cognizable for certain purposes.-The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to offences under this Act as if they were cognizable offences-

(a) for the purpose of investigation of such offences; and

(b) for the purposes of matters other than (i) matters referred to in section 42 of that Code, and (ii) the arrest of a person without a warrant or without an order of a
Magistrate.]

——————————————————————–
1 Subs. by Act 41 of 1949, s. 3, for ” shall be punishable with fine which may extend to one thousand rupees”.

2 Subs. by s. 4, ibid., for “simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both”.

3 Ins. by Act 2 of 1978 s. 3 (w.e.f. 1-10-1978)
———————————————————————-

653.8.Jurisdiction under this Act.

8. Jurisdiction under this Act.-Notwithstanding anything contained in section 190 of the 1*[Code of Criminal Procedure, 1973 (2.of 1974),] no Court other than that of a 1*[Metropolitan Magistrate or a Judicial Magistrate of the first class] shall take cognizance of, or try, any offence under this Act.

9.Mode of taking cognizance of offences.

2*[9. Mode of taking cognizance of offences.-No Court shall take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed.]

10.Preliminary inquires into offences.

3*[10. Preliminary inquires into offences.-Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance, shall, unless it dismisses the complaint under section 203.of the 4*[Code of Criminal Procedure, 1973 (2 of 1974),] either itself make an inquiry under section 202 of that Code or direct a Magistrate subordinate to it to make such inquiry.]

11.Power to take security from complainant.

11. [Power to take security from complainant.] Rep. by the Child
Marriage Restraint (Amendment) Act, 1949 (41 of 1949), s. 7.12.Power to issue injunction prohibiting marriage in contravention of this Act.

5*[12. Power to issue injunction prohibiting marriage in contravention of this Act.-(1) Notwithstanding anything to the contrary contained in this Act, the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnised, issue an injunction against any of the persons mentioned in sections 3, 4, 5, and 6 of this Act prohibiting such marriage.

(2) No injunction under sub-section (1) shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to show cause against the issue of the injunction.

(3) The Court may either on its own motion or on the application of any person aggrieved rescind or alter any order made under sub-
section (1).

(4) Where such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the Court rejects the application wholly or in part, it shall record in writing its reasons for so doing.

(5) Whoever knowing that an injunction has been issued against him under sub-section (1) of this section disobeys such injunction shall

---------------------------------------------------------------------

1 Subs. by Act 2 of 1978, s. 4, for certain words (w.e.f.
1-10-1978).

2 Subs. by Act 19 of 1938, s.4 for the original section.

3 subs. by Act 41 of 1949, S. 6, for the original section.

4 Subs. by Act 2 of 1978, s. 5, for certain words (w.e.f.
1-10-1978).

5 Ins. by Act 19 of 1938, s. 6.--------------------------------------------------------------------

654.be punished with imprisonment of either description for a term which may extend to three months, or with fine-which may extend to one thousand rupees, or with both:

Provided that no woman shall be punishable with imprisonment.]

2.Short title.

2.Short title.-[Commencement of Act.] Rep. by the Repeating Act,
1874 (16 of 1874), s.1 and Sch. I.

3.Interpretation-clause “Husband”.

3.Interpretation-clause “Husband”. In this Act-

“Husband”.-”2* * * husband” shall mean a married man domiciled in
4[India], who shall have completed the age of sixteen years, and shall not be a Christian, a Muhammadan nor a Jew:

“Wife”.-”2* * * wife” shall mean a married woman domiciled in
4[India], who shall have completed the age of thirteen years, and shall not be a Christian, a Muhammadan nor a Jewess:

“Personal law”.-”5*[Personal law]” shall mean any law, or custom having the force of law, of any persons domiciled in 4 [India] other than Christians, Muhammadans and Jews:

“Month”and “Year,” Month ” and ” year ” shall respectively mean month and year according to the British calendar:

6* * * * *

4.When convert deserted by his wife may sue for conjugal society.

4. When convert deserted by his wife may sue for conjugal society.-If a 2*** husband change his religion for Christianity, and if in consequence of such change his 2* * * wife, for the space of six continuous months, desert or repudiate him, he may sue her for conjugal society.

5.When convert deserted by her husband may sue.

5. When convert deserted by her husband may sue.-If a 1* * * wife change her religion for Christianity, and if in consequence of such change her 1* * * husband, for the space of six continuous months, desert or repudiate her, she may sue him for conjugal society.

6.Court in which suit shall be brought.

6.Court in which suit shall be brought.-If the respondent, at the time of commencement of such suit, reside within the local limits of the ordinary original civil jurisdiction of any of the High Courts of
Judicature, the suit shall be commenced in such Court; otherwise it shall be commenced in the principal Civil Court of original jurisdiction of the district in which the defendant shall reside at the commencement of the suit.

7.Suit to be commenced by verified petition.

7.Suit to be commenced by verified petition.-The suit shall be commenced by a petition in the form in the First Schedule to this Act, or as near thereto as the circumstances of the case will allow.

———————————————————————-

1. The Act has not been extended to the State of Manipur, vide Act
30 of 1950, s. 3 (2) and Sch. has been repealed in its application to
Bellary district by Mysore Act 14 of 1955.The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of
1963, s. 2 and Sc. 1.2. The word “Nativa” omitted by the A. O. 1950.

3. In its application to Pondicherry, after section 1, insert-

“2. Saving.-Nothing contained in this Act shall apply to the
Renoncants of the Union territory of Pondicherry.”-(Vide Act 26 of
1968).

4. Subs. by the A. O. 1950, for “the Provinces” which had been subs.
by the A.O. 1948, for “British India”.

5. Subs. by the A.O. 1950, for “Native law”.

6. The paragraph relating to “Number” rep. by Act 10 of 1914, s. 3.and Sch. 11, and the definition of “High Court” rep. by the A. O.
1937.———————————————————————-

4.The statements made in the petition shall be verified by the petitioner in the manner required by law for the verification of plaints; and the petition 2*** may be amended by permission of the
Court.

8.On service of petition, citation to respondent.

8. On service of petition, citation to respondent.-A copy of the petition shall be served upon the respondent, and the Court shall thereupon issue a citation under the seal of the Court and signed by the Judge.

9.Form of citation.

9. Form of citation.-In ordinary cases the citation shall be in the form in the Second Schedule to this Act, or as near thereto as the circumstances of the case will allow.

But where the respondent is exempt by law from personal appear-
ance in Court, or where the Judge shall so direct, the citation shall be in the form in the Third Schedule to this Act, or as near thereto as the circumstances of the case will allow.

10.Service of citation.

10. Service of citation.-A copy of the citation sealed with the seal of the Court shall be served on the respondent; and the provisions of the Code of Civil Procedure (5 of 1908) as to the service and endorsement of summonses shall apply, mutatis mutandis, to citations under this Act.

11.Penalty on respondent not obeying citation.

11. Penalty on respondent not obeying citation.If the respondent shall not obey such citation, and comply with every other requirement made upon her or him under the provisions of this Act, she or he shall be liable to punishment under section 174 of the Indian Penal Code.
(45 of 1860).

12.Points to be proved on appearance of petitioner.

12. Points to be proved on appearance of petitioner.-On the day fixed in the citation the petitioner shall appear in Court, and the following points shall be proved:-

(1) the identity of the parties:

(2) the marriage between the petitioner and the respondent:

(3) that the male party to the suit has completed the age of sixteen years, and that the female party to the suit has completed the age of thirteen years:

(4) the desertion or repudiation of the petitioner by the respondent :

(5) that such desertion or repudiation was in consequence of the petitioners change of religion :

(6) and that such desertion or repudiation had continued for the six months immediately before the commencement of the suit.

13.First interrogation of respondent.

13. First interrogation of respondent.-The respondent, if such points be proved to the satisfaction of the Judge, shall thereupon be asked whether she or he refuses to cohabit with the petitioner, and, if so, what is the ground of such refusal.

In ordinary cases such interrogation and every other interroga-
tion prescribed by this Act shall be made by the Judge, but when the respondent is exempt by law from personal appearance in Court, or when the Judge shall, in his discretion, excuse the respondent from such appearance, the interrogations shall be made by Commissioners acting under such commission as hereinafter mentioned.

14.Interrogations by Judge may be public or private.

14. Interrogations by Judge may be public or private.-Every interrogation mentioned in this Act and made by the Judge may, at the discretion of the Judge, take place in open Court or in his private room.

If any such interrogation take place in open Court, the Judge may, so long as it shall continue, exclude from the Court all such persons as he shall think fit to exclude.

15.Procedure when female respondent refuses to cohabit with petitioner.
Adjournment for a year. Interview.

15. Procedure when female respondent refuses to cohabit with petitioner. Adjournment for a year. Interview.-If the respondent be a female, and in answer to the interrogatories of the Judge or
Commissioners, as the case may be, shall refuse to cohabit with the petitioner, the Judge, if upon consideration of the respondents answers and of the facts which may have been

46.proved by the petitioner he shall be of opinion that the ground for such refusal is the petitioners change of religion, shall make an order adjourning the case for a year, and directing that, in the interim, the parties shall, at such place and time as he shall deem convenient, have an interview of such length as the Judge shall direct, and in the presence of such person or persons (who may be a female or females) as the Judge shall select, with the view of ascertaining whether or not the respondent freely and voluntarily persists in such refusal.

16.Procedure on expiration of adjournment. Interrogation of respondent.

16. Procedure on expiration of adjournment. Interrogation of respondent.-At the expiration of such adjournment the petitioner shall again appear in Court and shall prove that the said desertion or repudiation had continued up to the time last hereinbefore referred to; and if the

———————————————————————
1. The words “shall bear a stamp of two rupees, and” rep. by Act 7 of
1870, s. 2. Sch. III, pt. II.
———————————————————————

points mentioned in section 12 and this section of this Act shall be proved to the satisfaction of the Judge, and if the respondent on being interrogated by the Judge or Commissioners, as the case may be, again refuse to cohabit with the petitioner, the respondent shall be taken to have finally des erted or repudiated the petitioner,

Decree.-and the Judge shall, by a decree under his hand and sealed with the seal of his Court, declare that the marriage between the parties is dissolved.

17.Decree in case of male respondent refusing to cohabit on grounds of petitioners change of religion.

17. Decree in case of male respondent refusing to cohabit on grounds of petitioners change of religion.-If the respondent be a male, and in answer to the interrogatories of the Judge or
Commissioners, as the case may be, shall refuse to cohabit with the petitioner, the Judge, if upon consideration of the respondents answers and of the facts which may have been proved by the petitioner he shall be of. opinion that the ground for such refusal is the petitioners change of religion, shall adjourn the case for a year.

At the expiration of such adjournment, the petitioner shall again appear in Court; and if the respondent on being interrogated by the
Judge or Commissioners, as the case may be,, again refuse to cohabit with the petitioner. the Judge shall thereupon pass such a decree as last aforesaid:

Proviso.-Provided that if the petitioner shall so desire (but not otherwise), the proceedings in the suit shall, mutatis mutandis, be the same as in the case of a female respondent.

18.Decree if respondent so refuse in case of unconsummated marriage, either party being impubes at time of marriage.

18. Decree if respondent so refuse in case of unconsummated marriage, either party being impubes at time of marriage.- Notwithstanding anything hereinbefore contained, if it shall appear at any stage of the suit that both or either of the parties had not attained puberty at the date of their marriage, and that such marriage has not been consummated; and if, in answer to the interrogatories made pursuant to section 13 of this Act, the respond- ent shall refuse to cohabit with the petitioner, and allege, as the ground for such refusal, that the petitioner has changed his or her religion, the Judge shall thereupon pass such a decree as last afore- said.

19.Liberty to parties to marry agian.

19. Liberty to parties to marry agian.-When any decree dissolving a marriage shall have been passed under the provisions of this Act, it shall be as lawful for the respective parties thereto to marry again as if the prior marriage had been dissolved by death, and the issue of any such re-marriage shall be legitimate, any 1*[personal law] to the contrary notwithstanding:

Provided always that no minister of religion shall be compelled to solemnize the marriage of any person whose former marriage may have been dissolved under this Act, or shall be liable to any suit or penalty for refusing to solemnize the marriage of any such person.

20.Judge to order commission to issue for examination of exempted persons.

20. Judge to order commission to issue for examination of exempted persons.-In suits instituted under this Act, the Judge shall order a commission to issue to such persons, whether males or females or both, as he shall think fit, for the examination on interrogatories or otherwise of any persons so exempt as aforesaid.

The provisions of the Code of Civil Procedure (5 of 1908 ) shall, so far as practicable, apply to commissions issued under this section.

21.Proof of marriage and desertion or repudiation of petitioner in consequence of conversion.

21. Proof of marriage and desertion or repudiation of petitioner in consequence of conversion.-At any stage of a suit instituted under this Act, cohabitation as man and wife shall be sufficient presumptive evidence of the marriage of the parties, and proof of the respondents refusal or voluntary neglect to cohabit with the petitioner, after his or her change of religion and after knowledge thereof by the respondent, shall be sufficient evidence of the respondents desertion or repudiation of the petitioner, and shall also be sufficient evidence that such desertion or repudiation was in consequence of the petitioners change of religion, unless some other sufficient cause for such desertion or repudiation be proved by the respondent.

22.Civil Procedure Code applied.

22. Civil Procedure Code applied.-The provisions of. the Code of
Civil Procedure (5 of 1908) as to the summoning and examination of wit-
nesses shall apply in suits instituted under this Act.

23.Dismissal of suit if either party under age required by Act, or if parties cohabiting, or respondent willing to cohabit.

23. Dismissal of suit if either party under age required by Act, or if parties cohabiting, or respondent willing to cohabit.-If at any stage of the suit it be proved that the male party to the suit is or was at the institution thereof under the age of sixteen years, or that the female party to the suit is or was at the same time under the age of thirteen years, or that the petitioner and the respondent are cohabiting as man and wife, or if the Court is satisfied
———————————————————————-
1 Subs. by the A. O. 1950, for “Native law”.
———————————————————————-

48.by the evidence adduced that the respondent is ready and willing so to cohabit with the petitioner, the Court shall pass a decree dismissing the suit and stating the ground of such dismissal.

24.Revival of suit after such dismissal.

24. Revival of suit after such dismissal.-If at any time within twelve months after a decree dismissing the suit upon any of the grounds mentioned in the last preceding section, the respondent again desert or repudiate the petitioner upon the ground of his or her change of religion, the suit may be revived by summoning the respondent; and upon proof of the former decree and of such renewed repudiation or desertion, the suit shall recommence at the stage at which it had arrived immediately before the passing of such decree;
and, after the proofs, interrogations, interview and adjournment which may then be requisite under the provisions hereinbefore contained, the
Judge shall pass a decree of the nature mentioned in section 16 of this Act.

25.Petitioners cruelty or adultery to bar suit.

25.Petitioners cruelty or adultery to bar suit. If at any stage of the suit it be proved that the respondent has deserted or repudiated the petitioner solely or partly in consequence of the petitioners cruelty or adultery, the Court shall pass a decree dismissing the suit and stating the ground of such dismissal.

A suit dismissed under this section shall not be revived.

26.Male petitioners cohabitation with one of several wives to bar suit.

26. Male petitioners cohabitation with one of several wives to bar suit.-If the petitioner, being a male, has at the time of the institution of the suit two or more wives, he shall make them all res-
pondents ; and if at any stage of the suit it be proved that he is co-
habiting with one of such wives as man and wife, or that any one of such wives is ready and willing so to cohabit with him, the Court shall pass a decree dismissing the suit and stating the ground of such dismissal.

The provisions as to revival contained in section 24 of this Act shall apply, mutatis mutandis, to a suit dismissed under this section.

27.Dissolution of marriage not to affect status or right of children.

27. Dissolution of marriage not to affect status or right of children.-A dissolution of marriage under the provisions of this Act shall not operate to deprive the respondents children (if any) by the petitioner of their status as legitimate children, or of any right or interest which they would have had, according to the 1*[personal law]
applicable to them, by way of maintenance, inheritance, or otherwise, in case the marriage had not been so dissolved as aforesaid.

28.Power to Court to award alimony.

28. Power to Court to award alimony.-If a suit be commenced under the provisions of this Act, and it appear to the Court that the wife has not sufficient separate property to enable her to maintain herself suitably to her station in life and to prosecute or defend the suit, the Court may, pending the suit, order the husband to furnish the wife with sufficient funds to enable, her to prosecute or defend the suit, and also for her maintenance pending the suit.

If the suit be brought by a husband against a wife, the Court may by the decree order the husband to make such allowance to his wife for her maintenance during the remainder of her life as the Court shall think just, and having regard to the condition and station in life of the parties.

Any allowance so ordered shall cease from the time of any sub-
sequent marriage of the wife.

29.No appeal under Act; but Judge may state case raising question whether conversion has dissolved marriage.

29. No appeal under Act; but Judge may state case raising question whether conversion has dissolved marriage.-No appeal shall lie against any order or decree made or passed by any Court in any suit instituted under this Act ; but if, at any stage of the suit, the respondent shall allege by way of defence that the marriage between the parties has been dissolved by the conversion of the petitioner, and that consequently the petitioner is not a 1*** husband or a 1* * * wife (as the case may be) within the meaning, of this Act, the Judge, if he shall entertain any doubt as to the validity of such defence, shall, either of his own motion or on the application of the respondent, state the case and submit it with his own opinion thereon for the decision of the High Court.

30.

Case to state necessary facts and documents, and suit to be stayed.

30. Case to state necessary facts and documents, and suit to be stayed.-Every such case shall concisely set forth such facts and documents as may be necessary to enable the High Court to decide the questions raised thereby, and the suit shall be stayed until the judgment of such Court shall have been received as hereinafter provided.

31.Case to be decided by three Judges.

31. Case to be decided by three Judges.-Every such case shall be decided by at least three Judges of the High Court, if such Court be the High Court at any of the presidency-towns; and the petitioner and respondent may appear and be heard in the High Court in person or by advocate or vakil.

32.High Court may refer case to Judge for additions or alterations.

32. High Court may refer case to Judge for additions or alterations.-If the High Court shall not be satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the High Court may refer the case back to the Judge by whom it was stated, to make such additions thereto or alterations therein as the High Court may direct in that behalf.
———————————————————————-
1. Subs. by te A.O. 1950, for “Native law”.
2. The word “Native” omitted, ibid.
———————————————————————-

33.High Court may decide question raised, and Judge shall dispose of case accordingly.

33. High Court may decide question raised, and Judge shall dispose of case accordingly.-It shall be lawful for the High Court, upon the hearing of any such case, to decide the questions raised thereby, and to deliver its judgment thereon containing the grounds on which such decision is founded;

and it shall send to the Judge by whom the case was stated a copy of such judgment under the seal of the Court and the signature of the
Registrar, and the Judge shall, on receiving the same, dispose of the case conformably to such judgment.

34.Saving of Roman Catholic marriages.

34. Saving of Roman Catholic marriages.-Nothing contained in this
Act 1* * * shall be taken to render invalid any marriage of a 2* * *
convert to Roman Catholicism if celebrated in accordance with the rules, rites, ceremonies and customs of the Roman Catholic Church 3*
* *.

35.Extent of Act.

4*[35.Extent of Act. This Act extends to 5*[the whole of India
6*[except the State of Jammu and Kashmir and the Union Territory of
Manipur]].]

SCHEDULE 1.FORM OF PETITION
Stamp
7* * *

To the Judge of the Civil Court of

The day of 18.The petition of A. B. of
Sheweth:-

1. That your petitioner was born on or about the day of 18 .

2. That your petitioner was on the day of in the year 18 lawfully married to C. D. .at

3. That the said C. D. is now of the age of, years or there, abouts.

4. That after his said marriage, your petitioner lived and cohabited with his said wife at aforesaid until the day of 18 .

5. That previous to the day of 18 your petitioner changed his religion for Christianity, and that on such day he was baptised and became a member of the Church of .

6.That on the day of 18 [at least six months prior to the date of the petition], the said C. D. deserted your petitioner, and has not since resumed cohabitation with him.

7. That such desertion was in consequence of your petitioners said change of religion.

8. That there is no collusion nor connivance between your petitioner and the said C. D.

———————————————————————
1 The words and figures ” or in Acts Nos. XXV of 1864 and V of
1865 ” rep. by Act 16 of 1874, s. 1 and Sch.

2 The word “Native” omitted by the A. O. 1950.

3 The words “and no Clergyman of such Church shall be liable to any suit or penalty under the provisions of either of the two Acts last hereinbefore mentioned, for solemnizing any such marriage ” rep.
by Act 16 of 1874, s.1 and Sch.

4 Subs. by the A. O. 1948, for the former s. 35.5 Subs. by the A. O. 1950, for “all the Provinces of India”.

6 Subs. by Act 48 of 1959, s. 3 and Sch. I, for certain words
(w.e.f. 1-2-1960).

7 The words ” Rs. two ” printed below the word, ” Stamp” rep. by
Act 12 of 1891, s. 2 and Sch. I.
———————————————————————–

Your petitioner therefore prays that Your Honour will order the said C. D. to live and cohabit with your petitioner, or declare that your petitioners marriage is dissolved.

A. B.

Form of verification

I, A. B., the petitioner named in the above petition, do declare that what is stated therein is true to the best of my information and belief.

Whereas A. B. of ,claiming to have been lawfully married to you, the said C. D., has filed his [or her] petition against you in the Civil
Court of alleging that you, the said C. D., have deserted him [or her] for six months in consequence of his [or her] having changed his
[or her] religion for Christianity and praying that, unless you consent to live and cohabit with him [or her], it may be declared that his [or her] marriage is dissolved: Now this is to command you that, at the expiration of days [at least one month] from the date of the service of this on you, you do appear in the said Court then and there to make answer to the said petition, a copy whereof, sealed with the seal of the said Court, is herewith served upon you.

And take notice that in default of your so appearing, you will be liable to punishment under section 174 of the Indian Penal Code.(45 of
1860)

Dated the day of 18 .

(Signed) E. F.,

Judge of the Civil Court of .

(Indorsement to be made after service)

This citation was duly served by G. H. on the within-named C. D.
of at on the day of 18 .

(Signed) G. H.
SCHEDULE 3.FORM OF CITATION IN CASE OR RESPONDENT EXEMPT FROM APPEARANCE IN COURT

To C. D. of

Whereas A. B. of , claiming to have been lawfully married to you, the said C. D., has filed his [or her] petition against you in the
Civil Court of , alleging that you, the said C. D., have deserted him
[or her] for six months in consequence of his [or her] having changed his [or her] religion for Christianity, and praying that, unless you consent to cohabit with him [or her], it may be declared that his [or her] marriage is dissolved: Now this is to command you that, at the expiration of days [at least one month] from the service of this on you, you do hold yourself in readiness to answer and do answer such interrogatories as may be put to you by Commissioners duly authorised in that behalf under a commission issued by this Court, in reference to the said petition, a copy whereof, sealed with the seal of the said
Court, is herewith served upon you.

And take notice that, in default of your so holding yourself in readiness and answering such interrogatories, you will be liable to punishment under section 174 of the Indian Penal Code. (45 of 1860)

Dated the day of 18 .

(Signed) E. F.,

Judge of the Civil Court of .

(Indorsement to be made after service)

This citation was duly served by G. H. on the within-named C. D.
of at on the day of 18 .

(2) They shall come into force on the 2nd day of October, 1985 being the date appointed for the coming into force of the Dowry prohibition (Amendment) Act, 1984 (63 of 1984).

2. Rules in accordance with which lists of presents are to be maintained — (1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

(2) The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

(3) Every list of presents referred to in sub-rule (1) or sub-rule (2) —

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage;

(b) shall be in writing;

(c) shall contain:

(i) a brief description of each present;

(ii) the approximate value of the present;

(iii) the name of the person who has given the present; and

(iv) where the person giving the present is related to the bride or bridegroom, a description of such relationship;

(d) shall be signed by both the bride and the bridegroom.

Explanation 1. Where the bride is unable to sign, she may affix her thumb impression in lieu of her signature after having the list read out to her and obtaining signature on the list of, the person who has so read out the particulars contained in the list.

Explanation 2. — Where the bridegroom is unable to sign, he may affix his thumb impression in lieu of his signature after having the list read out to him and obtaining the signature on the list, of the person who has so read out the particulars contained in the list.

(4) The bride or the bridegroom may, if she or he so desires, obtained on either or both of the lists referred to in sub-rule (1) or sub-section (2) the signature or signatures of any relations of the bride or the bridegroom or of any other person or persons present at the time of the marriage.

(3) It shall come INTO force on such date as the Central
Government may, by notification in the Official Gazette, appoint.

2.Definition of “dowry”.

2. Definition of “dowry”. In this Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly-

(a) by one party to a marriage to the other party to the marriage; or

(b) by the parents of either party to a marriage or by a other person, to either party to the marriage or to any other person;

at or before or after the marriage us 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 I.-For the removal of doubts, it is hereby declare that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, 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.

———————————————————————-

1-7-1961, vide Notification No. S. O. 1410, dated 20-6-1961, Gazette of India, Extraordinary, Pt.II, Sec. 3 (ii), P. 1005.———————————————————————-

176.Explanation II.-The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code. (45 of 1860.)

3.Penalty for giving or taking dowry.

3. Penalty for giving or taking dowry. If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

4.Penalty for demanding dowry.

4. Penalty for demanding dowry. If any person, after the commencement of this Act, demands, directly or indirectly, FROM the parents or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both:

Provided that no court shall take cognizance of any offence under this section except with the previous sanction of the State Government or of such officer as the State Government may, by general or special order, specify in this behalf.

5.Agreement for giving or taking dowry to be void.

5. Agreement for giving or taking dowry to be void. Any agreement for the giving or taking of dowry shall be void.

6.Dowry to be for the benefit of the wife or her heirs.

6. 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 marriage; or

(b) if the dowry was received at the time of 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) If any person fails to transfer any property as required by subsection (1) and within the time limited therefor, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both; but such punishment shall not absolve the person FROM his obligation to transfer the property as required by sub-section (1).

(3) 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.

177.(4) Nothing contained in this section shall affect the provisions of section 3 or section 4.7.Cognizance of offences.

7. Cognizance of offences. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, (5 of 1898.)–

(a) no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this Act;

(b) no court shall take cognizance of any such offence except on a complaint made within one year FROM the date of the offence;

(c) it shall be lawful for a presidency magistrate or a magistrate of the first class to pass any sentence authorised by this Act on any person convicted of an offence under this
Act.

8.Offences to be non-cognizable, bailable and non-compoundable.

8. Offences to be non-cognizable, bailable and non-compoundable.
Every offence under this Act shall be non-cognizable, bailable and non-compoundable,

9.Power to make rules.

9. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament 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, 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 that rule.

10.Repeals.

10. Repeals. The Andhra Pradesh Dowry Prohibition Act, 1958,
(Andhra Pradesh Act 1 of 1958.) and the Bihar Dowry Restraint Act,
1950, (25 of 1950.) are hereby repealed.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States.

2. Definitions.- In this Act, unless the context otherwise requires,

Judge means the Judge or, as the case may be, the Principal Judge, Additional Principal Judge or other Judge of a Family Court;
notification means a notification published in the Official Gazette;
prescribed means prescribed by rules made under this Act;
Family Court means a Family Court established under Sec.3;
all other words and expressions used but not defined in this Act and defined in the Code of Civil Procedure, 1908(5 of 1908), shall have the meanings respectively assigned to them in that Code
CHAPTER II – FAMILY COURTS

3) Establishment of Family Courts.-(1) For the purpose of exercising the jurisdiction and powers conferred on a Family Court by this Act, the State Government after consultation with the High Court, and by notification,-

shall, as soon as may be after the commencement of this Act, establish for every area in the State comprising a city or town whose population exceeds one million, a Family Court;
may establish Family Courts for such other areas in the State as it may deem necessary.
(2) The State Government shall, after consultation with the High Court specify, by notification, the local limits of the area to which the jurisdiction of a Family Court shall extend and may, at any time, increase, reduce or alter such limits.

4. Appointment of Judges. (1) The State Government may, with the concurrence of the High Court appoint one or more persons to be the Judge or Judges, of a Family Court.

(2) When a Family Court consists of more than one Judge-

each of the Judges may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force;
the State Government may, with the concurrence of the High Court, appoint any of the Judges to be the Principal Judge and any other Judge to be the Additional Principal Judge;
the Principal Judge may, from time to time, make such arrangements as he may deem fit for the distribution of the business of the Court among the various Judges thereof;
the Additional Principal Judge may exercise the powers of the Principal Judge in the event of any vacancy in the office of the Principal Judge or when the Principal Judge is unable to discharge his functions owing to absence, illness or any other cause.
(3) A person shall not be qualified for appointment as a Judge unless he-

has for at least seven years held a Judicial office in India or the office of a member of a tribunal or any post under the Union or a State requiring special knowledge of law; or
has for at least seven years been an advocate of a High Court or of two or more such Courts in succession; or
Possesses such other qualification as the Central Government may. with the concurrence of the Chief Justice of India, prescribe.
(4) In selecting persons for appointment as Judges-

every endeavour shall be made to ensure that persons committed to the need to protect and preserve that institution of marriage and to promote the welfare of children and qualified by reason of their experience and expertise to promote the settlement of disputes by conciliation and counseling are selected; and
preference shall be given to women.
(5) No person shall be appointed as or hold the office of, a Judge of a Family Court after he has attained the age of sixty-two years.

(6) No salary or honorarium and other allowances payable to, and the other terms and conditions of service of, a Judge shall be such as the State Government may, in consultation with the High Court, prescribe.

5. Association of social welfare agencies, etc.-The State Government may, in consultation with the High Court, provide. by rules, for the association, in such manner and for such purposes and subject to such conditions as may be specified in the rules, with a Family Court of-

institutions or organisations engaged in social welfare or the representatives thereof;
persons professionally engaged in promoting the welfare of the family;
persons working in the field of social welfare; and
any other person whose association with a Family Court would enable it to exercise its jurisdiction more effectively in accordance with the purposes of this Act.
6. Counsellors, officers and other employees of Family Courts. -(1) The State Government shall, in consultation with the High Court, determine the number and categories of counsellors, officers and other employees required to assist a Family Court in the discharge of its functions and provide the Family Court with such counsellors, officers and other employees as it may think fit.

(2) The terms and conditions of association of the counsellors and the terms and conditions of service of the officers and other employees. referred to in sub-section (1), shall be such as may be specified by rules made by the State Government.

CHAPTER III – JURISDICTION
7. Jurisdiction. – (1) Subject to the other provisions of this Act, a Family Court shall-

have and exercise all the jurisdiction exercisable by any district Court or any subordinate Civil Court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and
be deemed, for the purposes of exercising such jurisdiction under such law, to be a district Court or, as the case may be. such subordinate Civil Court for the area to which the jurisdiction of the Family Court extends.
Explanation -The suits and proceedings referred to in this subsection are suits and proceedings of the following nature, namely:

a suit or proceeding between the parties to a marriage for decree of a nullity marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;
a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;
a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;
a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;
a suit or proceeding for a declaration as to the legitimacy of any person;
a suit or proceeding for maintenance;
a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.
(2) Subject to the other provisions of this Act a Family Court shall also have and exercise;

the jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974); and
such other jurisdiction as may be conferred on it by any other enactment
8. Exclusion of jurisdiction and pending proceedings. -Where a Family Court has been established for any area:

no district Court or any subordinate Civil Court referred to in sub-section (1) of Sec. 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the Explanation to that sub-section;
no Magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chapter IX of the C9de of Criminal Procedure, 1973 (2 of 1974)
every suit or proceeding of the nature referred to in the Explanation to sub-section (1) of Sec. 7 and every proceeding under Chapter IX of the Code of Criminal Procedure, 1973(2 of 1974)-
( i ) which is pending immediately before the establishment or such Family Court before district Court or subordinate Court referred to in that sub-section or, as the case may be, before any Magistrate under the said Code; and

( ii ) which would have been required to be instituted or taken before or by such Family Court if, before the date on which such suit or proceeding was instituted or taken, this Act has come into force and such Family Court had been established,

shall stand transferred to such Family Court on the date on which it is established;

CHAPTER IV – PROCEDURE
9. Duty of Family Court to make efforts for settlement. -(1) In every suit or proceeding, endeavour shall be made by Family Court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist and persuade the parties in arriving at a settlement in respect of the subject-matter of the suit or proceeding and for this purpose a Family Court may, subject to any rules made by the High Court, follow such procedure as it may deem fit.

(2) If, in any suit or proceeding, at any stage, it appears to the Family Court that there is a reasonable possibility of a settlement between the parties. the Family Court may adjourn the proceedings for such period, as it thinks fit to enable attempts to be made to effect such a settlement.

(3) The power conferred by sub-section (2) shall be in addition to, and not in derogation of, any other power of the Family Court. to adjourn the proceedings.

10. Procedure generally.-(1) Subject to the other provisions of this Act and rules, the provisions of the Code of Civil Procedure, 1908(5 of 1908), and of any other law for the time being in force shall apply to the suits and proceedings other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973(2 of 1974), before a Family Court and for the purpose of the said provisions of the Code, a Family Court shall be deemed to be a Civil Court and shall have all the powers of such Court.

(2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or the rules made thereunder, shall apply to the proceedings under Chapter IX of the Code before a Family Court.

(3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other.

11. Proceedings to be held in camera.-In every suit or proceedings to which the Act applies, the proceedings may be held in camera if the Family Court so desires and shall be so held if either party so desires.

12. Assistance of medical and welfare experts.-In every suit or proceedings, it shall be open to a Family Court to secure the services of a medical expert or such person (preferably a woman where available), whether related to the parties or not, including a person professionally engaged in promoting the welfare of the family as the Court may think fit, for the purposes of assisting the Family Court in discharging the functions imposed by this Act.

13. Right to legal representation.-Notwithstanding anything contained in any law, no party to a suit or proceeding before a Family Court shall be entitled, as of right to be represented by a legal practitioner:

Provided that if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae.

14. Application of Indian Evidence Act, 1872.-A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion. assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872).

15. Record of oral evidence.-In suit or proceedings, before a Family Court, it shall not be necessary to record the evidence of witnesses at length, but the Judges as the examination of each witness proceeds, shall, record or cause to be recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall be signed by the witness and the Judge and shall form part of the record.

16. Evidence of formal character on affidavit.-(1) The evidence of any person where such evidence is of a formal character, may be given by affidavit and may subject to all just exceptions, be read in evidence in any suit or proceeding before a Family Court.

(2) The Family Court may, if it thinks fit, and shall, on the application of any of the parties to the suit or proceeding summon and examine any such person as to the facts contained in his affidavit.

17. Judgment. -Judgment of a Family Court shall contain a concise statement of the case, the point for determination, the decision thereon and the reasons for such decision.

18. Execution of decrees and orders. -(1) A decree or an order (other than an order under Chapter Ix of the Code of Criminal Procedure, 1973, (2 of 1974), passed by a Family Court shall have the same force and effect as a decree or order of a Civil Court and shall be executed in the same manner as is prescribed by the Code of Civil Procedure, 1908 (5 of 1908), for the execution of decrees and orders.

(2) An order passed by a Family Court under Chapter IX of the Code of Criminal Procedure 1973, (2 of 1974), shall be executed in the manner prescribed for the execution of such order by that Code.

(3) A decree or order may be executed either by the Family Court which passed it or by the other Family Court or ordinary Civil Court to which it is sent for execution.

CHAPTER V – APPEALS AND REVISIONS
19. Appeal. -(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908(5 of 1908), or in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order of a Family Court to the High Court both on facts and on law.

(2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties or from an order passed under Chapter Ix of the Code of Criminal Procedure, 1973 (2 of 1974):

Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974), before the commencement of the Family Courts (Amendment) Act, 1991.

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court.

(4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding.

(5) Except as aforesaid, no appeal or revision shall lie to any Court from any judgment, order or decree of a Family Court.

(6) An appeal referred under sub-section (1) shall be heard by a Bench consisting of two or more Judges.

CHAPTER VI – MISCELLANEOUS

20. Act to have overriding effect.-The provisions of this Act shall] have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

21. Power of High Court to make rules.-(1) The High Court may, by notification in the Official Gazette, make such rules as it may deem necessary for carrying out the purposes of this Act.

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

normal working hours of Family Courts and holding of sittings of Family Courts on holidays and outside normal working hours;
holding of sittings of Family Courts at places other than the ordinary places of sitting:
efforts which may be made by, and the procedure which may be followed by, a Family Court for assisting and persuading parties to arrive at a settlement.
22. Power of the Central Government to make rules. -(1) The Central Government may, with the concurrence of the Chief Justice of India, by notification, make rules prescribing the other qualifications for appointment of a Judge referred to in Cl.(c) of sub-section (3) of Sec.4.

(2) Every rule made under this Act by the Central Government shall be laid, as. Soon as may be after it is made. before each House of Parliament, 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 immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification 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 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.

23. Power of the State Government to make rules. -(1) The State Government may, after consultation with the High Court, by notification make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the provisions of sub-section (1), such rules may provide for all or any of the following matters, namely:

the salary or honorarium and other allowances payable to, and the terms and conditions of Judges under sub-section (6) of Sec. 4;
the terms and conditions of association of counsellors and the terms and conditions of service of the officers and other employees referred to in Sec. 6;
payment of fees and expenses (including travelling expenses) of medical and other experts and other persons referred to in Sec. 12 out of the revenues of the State Government and the scales of such fees and expenses;
payment of fees and expenses to legal practitioners appointed under Sec. 13 as amicus curiae out of the revenues of the State Government and the scales of such fees and expenses;
any other matter which is, required to be, or may be, prescribed or provided for by rules.
(3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

1.Short title.-This Act may be called the Foreign Marriage Act,
1969.2.Definitions.

2.Definitions.-In this Act, unless the context otherwise requires,-

(a) “degrees of prohibited relationship” shall have the same meaning as in the Special Marriage Act, 1954 (43 of
1954;

(b) “district”, in relation to a Marriage Officer, means the area within which the duties of his office are to be dis-
charged;

(c) “foreign country” means a country or place outside
India, and includes a ship which is for the time being in the territorial waters of such a country or place ;

(d) “Marriage Officer” means a person appointed under section 3 to be a Marriage Officer ;

(e) “official house”, in relation to a Marriage Officer, means-

(i) the official house of residence of the officer;

(ii) the office in which the business of the officer is transacted;

(iii) a prescribed place ; and

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

3.Marriage Officers.-For the purposes of this Act, the Central
Government may, by notification in the Official Gazette, appoint such of its diplomatic or consular officers as it may think fit to be
Marriage Officers for any foreign country.

Explanation.-In this section, “diplomatic officer” means an ambassador, envoy, minister, high commissioner, commissioner, charged
affaires or other diplomatic representative or a counsellor or secretary of an embassy, legation or high commission.

CHAPTER IISOLEMNIZATION OF FOREIGN MARRIAGES

4.Conditions relating to solemnization of foreign marriages.-A
marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:–

(a) neither party has a spouse living,

(b) neither party is an idiot or a lunatic,

(c) the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage, and

(d) the parties are not within the degrees of prohibited relationship:

Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.

5.Notice of intended marriage.

5.Notice of intended marriage.-When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.

6.Marriage Notice Book.

6.Marriage Notice Book.-The Marriage Officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the “Marriage Notice Book”, and such book shall be

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open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.

7.Publication of notice.

7.Publication of notice.-Where a notice under section 5 is given to the Marriage Officer, he shall cause it to, be published-

(a) in his own office, by affixing a copy thereof to a conspicuous place, and

(b) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.

8.Objection to marriage.

8.Objection to marriage.-(1)Any person may, before the expiration of thirty days from the date of publication of the notice under section 7, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.Explanation.-Where the publication of the notice by affixation under clause (a) of section 7 and in the prescribed manner under clause (b) of that section is on different dates, the period of thirty days shall, for the purposes of this sub-section, be computed from the later date.

(2) Every such objection shall be in writing signed by the person making it or by any person duly authorised to sign on his behalf, and shall state the ground of objection; and the Marriage
Officer shall record the nature of the objection in his Marriage
Notice Book.

9.Solemnization of marriage where no objection made.

9.Solemnization of marriage where no objection made.-If no objection is made within the period specified in section 8 to an intended marriage, then, on the expiry of that period, the marriage may be solemnized.

10.Procedure on receipt of objection.

10.Procedure on receipt of objection.-(1)If an objection is made under section 8 to an intended marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection in such manner as he thinks fit and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it.

(2) Where a Marriage Officer after making any such inquiry entertains a doubt in respect of any objection, he shall transmit the record with such statement respecting the matter as he thinks fit to the Central Government; and the Central Government, after

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making such further inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the Marriage Officer, who shall act in conformity with the decision of the Central Government.

11.Marriage not to be in contravention of local laws.

11. Mgarriage not to be in contravention of local laws.-(1)The
Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act if the intended marriage is prohibited by any law in force in the foreign country where it is to be solemnized.

(2)The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act on the ground that in his opinion, the solemnization of the marriage would be inconsistent with international law or the comity of nations.

(3) Where a Marriage Officer refuses to solemnize a marriage under this section, any party to the intended marriage may appeal to the
Central Government in the prescribed manner within a period of thirty days from the date of such refusal; and the Marriage Officer shall act in conformity with the decision of the Central Government on such appeal.

12.Declaration by parties and witnesses.

12. Declaration by parties and witnesses.-Before the marriage is solemnized, the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the
Second Schedule, and the declaration shall be countersigned by the
Marriage Officer.

13.Place and form of solemnization.

13. Place and form of solemnization.-(1) A marriage by or before a Marriage Officer under this Act shall be solemnized at the official house of the Marriage Officer with open doors between the prescribed hours in the presence of at least three witnesses.

(2)The marriage may be solemnized in any form which the parties may choose to adopt:

Provided that it shall not be complete and binding on the parties unless each party declares to the other in the presence of the
Marriage Officer and the three witnesses and in any language under-
stood by the parties,-”I, (A), take thee (B), to be my lawful wife (or husband)”:

Provided further that where the declaration referred to in the preceding proviso is made in any language which is not understood by the Marriage Officer or by any of the witnesses, either of the parties shall interpret or cause to be interpreted the declaration in

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a language which the Marriage Officer or, as the case may be, such witness understands.

14.Certificate of marriage.

14.Certificate of marriage. (1) Whenever a marriage is solemnized under this Act, the Marriage Officer shall enter a certificate thereof in the form specified in the Third Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book, and such certificate shall be signed by the parties to the marriage and the three witnesses.

(2)On a certificate being entered in the Marriage Certificate
Book by the Marriage Officer, the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized, and that all formalities respecting the residence of the party concerned previous to the marriage and the signatures of witnesses have been complied with.

15.Validity of foreign marriages in India.

15. Validity of foreign marriages in India.-Subject to the other provisions contained in this Act, a marriage solemnized in the manner provided in this Act shall be good and valid in law.

16.New notice when marriage not solemnized within six months.

16. New notice when marriage not solemnized within six months.-
Whenever a marriage is not solemnized within six months from the date on which notice thereof has been given to the Marriage Officer as required under section 5 or where the record of a case has been transmitted to the Central Government under section 10, or where an appeal has been preferred to the Central Government under section 11, within three months from the date of decision of the Central
Government in such case or appeal, as the case may be, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until new notice has been given in the manner laid down in this Act.

CHAPTER IIIREGISTRATION OF FOREIGN MARRIAGES SOLEMNIZED UNDER OTHER LAWS

17.Registration of foreign marriages.17. Registration of foreign marriages.-(1)
Where- (a) a Marriage Officer is satisfied that a marriage has been duty solemnized in a foreign

CHAPTER IVMATRIMONIAL RELIEF IN RESPECT OF FOREIGN MARRIAGES

18.Matrimonial reliefs to be under Special marriage Act, 1954.18. Matrimonial reliefs to be under Special marriage Act, 1954.-
(1)Subject to the other provisions contained in this section, the provisions of Chapters IV, V, VI and VII of the Special Marriage Act,
1954, (43 of 1954) shall apply in relation to marriages solemnized under this Act and to any other marriage solemnized in a foreign country

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between parties of whom one at least is a citizen of India as they apply in relation to marriages solemnized under that Act.

Explanation.-In its application to the marriages referred to in this sub-section, section 24 of the Special Marriage Act, 1954 (43 of
1954), shall be subject to the following modifications, namely:-

(i) the reference in sub-section (1) thereof to clauses
(a), (b),(c)and (d) of section 4 of that Act shall be construed as a reference to clauses (a), (b), (c) and (d)
respectively of section 4 of this Act, and

(ii) nothing contained in section 24 aforesaid shall apply to any marriage-

(a) which is not solemnized under this Act; or

(b) which is deemed to be solemnized under this Act by reason of the provisions contained in section 17:

Provided that the registration of any such marriage as is referred to in sub-clause (b) may be declared to be of no effect if the registration was in contravention of sub-section (2) of section
17.(2) Every petition for relief under Chapter V or Chapter VI of the Special Marriage Act, 1954 (43 of 1954), as made applicable to the marriages referred to in sub-section (1), shall be presented to the district court within the local limits of whose ordinary civil jurisdiction-

(a) the respondent is residing at the time of the presentation of the petition; or

(b) the husband and wife last resided together; or

(c) the petitioner is residing at the time of the presentation of the petition, provided that the respondent is at that time residing outside India.

Explanation.-In this section, “district court” has the same mean-
ing as in the Special Marriage Act, 1954 (43 of 1954).

(3) Nothing contained in this section shall authorise any court-

(a) to make any decree of dissolution of marriage, except where-

(i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or

(ii) the petitioner, being the wife, was domiciled in
India immediately before the marriage and has been

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residing in India for a period of not less than three years immediately preceding the presentation of the petition;

(b) to make any decree annulling a voidable marriage, except where-

(i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or

(ii) the marriage was solemnized under this Act and the petitioner, being the wife, has been ordinarily resident in India for a period of three years immediately preceding the presentation of the petition;

(c) to make any decree of nullity of marriage in respect of a void marriage, except where-

(i) either of the parties to the marriage is domiciled in India at the time of the presentation of the peti-
tion, or

(ii) the marriage was solemnized under this Act and the petitioner is residing in India at the time of the presentation of the petition;

(d) to grant any other relief under Chapter V or Chapter VI
of the Special Marriage Act, 1954 (43 of 1954), except where the petitioner is residing in India at the time of the presentation of the petition.

(4) Nothing contained in sub-section (1) shall authorise any court to grant any relief under this Act in relation to any marriage in a foreign country not solemnized under it, if the grant of relief in respect of such marriage (whether on any of the grounds specified in the Special Marriage Act, 1954, (45 of 1954) or otherwise) is provided for under any other law for the time being in force.

CHAPTER VPENALTIES

19.Punishment for bigamy.-(1) Any person whose marriage is solemnized or deemed to have been solemnized under this Act and who, during the subsistence of his marriage, contracts any other marriage in India shall be

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subject to the penalties provided in section 494 and section 495 the
Indian Penal Code (45 of 1860) and the marriage so contracted shall be void.

(2) The provisions of sub-section (1) apply also to any such offence committed by any citizen of India without and beyond India.

20.Punishment for contravention of certain other conditions for marriage.

20. Punishment for contravention of certain other conditions for marriage.-Any citizen of India who procures a marriage of himself or herself to be solemnized under this Act in contravention of the con-
dition specified in clause (c) or clause (d) of section 4 shall be punishable-

(a) in the case of contravention of the condition specified in clause (c) of section 4, with simple imprisonment which may extend to fifteen days or with fine which may extend to one thousand rupees, or with both; and

(b) in the case of a contravention of the condition specified in clause (d) of section 4, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

21.Punishment for false declaration.

21. Punishment for false declaration.-If any citizen of India for the purpose of procuring a marriage, intentionally-

(a) where a declaration is required by this Act, makes a false declaration ; or

(b) where a notice or certificate is required by this Act, signs false notice or certificate;

he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.

22.Punishment for wrongful action of Marriage Officer.

22.Punishment for wrongful action of Marriage Officer.-Any
Marriage Officer who knowingly and wilfully solemnizes a marriage under this Act in contravention of any of the provisions of this Act shall be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

CHAPTER VIMISCELLANEOUS

23.Recognition of marriage solemnized under law of other countries.-If the Central Government is satisfied that the law in force in any foreign country for the solemnization of marriages contains

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provisions similar to those contained in this Act, it may, by notification in the Official Gazette, declare that marriages solemnized under the law in force in such foreign country shall be recognized by courts in India as valid.

24.Certification of documents of marriages solemnized in accordance withlocal law in a foreign country.

24. Certification of documents of marriages solemnized in accordance with local law in a foreign country.-(1) Where-

(a) a marriage is solemnized in any foreign country specified in this behalf by the Central Government, by noti-
fication in the Official Gazette, in accordance with the law of that country between parties of whom one at least is a citizen of India; and

(b) a party to the marriage who is such citizen produces to a Marriage Officer in the country in which the marriage was solemnized-

(i) a copy of the entry in respect of the marriage in the marriage register of that country certified by the appropriate authority in that country to be a true copy of that entry; and

(ii) if the copy of that entry is not in the English language, a translation into the prescribed language of that copy; and

(c) the Marriage Officer is satisfied that the copy of the entry in the marriage register is a true copy and that the translation, if any, is a true translation;

the Marriage Officer, upon the payment of the prescribed fee, shall certify upon the copy that he is satisfied that the copy is a true copy of the entry in the marriage register and upon the translation that he is satisfied that the translation is a true translation of the copy and shall issue the copy and the translation to the said party.

(2) A document relating to a marriage in a foreign country issued under sub-section (1) shall be admitted in evidence in any proceedings as if it were a certificate duly issued by the appropriate authority of that country.

25.Certified copy of entries to be evidence.

25. Certified copy of entries to be evidence.-Every certified copy purporting to be signed by the Marriage Officer of an entry of a marriage in the Marriage Certificate Book shall be received in evidence without production or proof of the original.

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26.Correction of errors.

26. Correction of errors.-(1)Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage
Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the presence of two other witnesses, correct the error by entry in the margin without any alteration of the original entry and add thereto the date of such correction.

(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.

27.Act not to affect validity of marriages outside it.

27. Act not to affect validity of marriages outside it.-Nothing in this Act shall in any way affect the validity of a marriage solemnized in a foreign country otherwise than under this Act.

28.Power to make rules.

28. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

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

(a) the duties and powers of Marriage Officers and their districts;

(b) the manner in which a Marriage Officer may hold any inquiry under this Act;

(c) the manner in which notices of marriage shall be published;

(d) the places in which and the hours between which marriages under this Act may be solemnized;

(e) the form and the manner in which any books required by or under this Act to be kept shall be maintained;

(f)the form and manner in which certificates of marriages may be entered under sub-section (5) of section 17;

(g) the fees that may be levied for the performance of any duty imposed upon a Marriage Officer under this Act;

(h) the authorities to which, the form in which and the intervals within which copies of entries in the Marriage
Certificate Book shall be sent, and, when corrections are made in the Marriage Certificate, Book, the manner in

40v

which certificates of such corrections shall be sent to the authorities;

(i) the inspection of any books required to be kept under this Act and the furnishing of certified copies of entries therein;

(j) the manner in which and the conditions subject to which any marriage may be recognized under section 23;

(k) any other matter which may be, or requires to be, prescribed.

(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1*[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid]” both Houses agree in making any modification 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 that rule.

29.Amendment of Act 43 of 1954.29. Amendment Act of 43 of 1954.-In the Special Marriage Act,
1954,-

(a) in section 1, in sub-section (2), for the words
“outside the said territories”, the words “in the State of
Jammu and Kashmir” shall be substituted;

(b) in section 2, clauses (a) and (c) shall be omitted;

(c) in section 3, for sub-section (2), the following sub-
section shall be substituted, namely:-

“(2) For the purposes of this Act, in its application to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and
Kashmir, the Central Government may, by notification in the Official Gazette, specify such officers of the
Central Government as it may think fit to be the
Marriage Officers for the State or any part thereof.”;

(d) in section 4, for clause (e), the following clause shall be substituted, namely:-

“(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of

———————————————————————
1. Subs. by Act 20 of 1983, s.2 and Sch. (w.e.f. 15-3-1984).
———————————————————————

40w

India domiciled in the territories to which this Act extends.”;

(e) in section 10, for the words “outside the territories to which this Act extends in respect of an intended marriage outside the said territories”, the words
“in the State of Jammu and Kashmir in respect of an intended marriage in the State” shall be substituted;

(f) in section 50, in sub-section (1), the words
“diplomatic and consular officers and other” shall be omitted.

30.

Repeal.

30.Repeal.-The Indian Foreign Marriage Act, 1903 (1 of 1903), is hereby repealed.

1. Title, extent and commencement.-This Act may be called the
Guardians and Wards Act, 1890.

(2) It extends to the whole of India 2*[except the State of Jammu and Kashmir],

3* * * * *;

(3) It shall come into force on the first day of July, 1890.

2.Repeal.

2.[Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and
Sch.

3.Saving of jurisdiction of Courts of Wards and Chartered High Courts.

3. Saving of jurisdiction of Courts of Wards and Chartered High
Courts.-This Act shall be read subject to every enactment heretofore or hereafter passed relating to any Court of Wards by 5*[any competent legislature, authority or person in 6*[any State to which this Act extends]], and nothing in this Act shall be construed to affect, or in any way derogate from the
———————————————————————

1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of
1963, s. 2 and Sch. I and Laccadive, Minicoy and Admindivi Islands by
Reg. 8 of 1965, s. 3 and Sch.

This Act has been extended to Pondicherry by Act 26 of 1968, with the following modification :

In section 1, after sub-section (2), insert:–

“Provided that nothing contained in this Act shall apply to the
Renoncants of the Union territory of Pondicherry.”.

The Act shall come into force in the State of Sikkim on 1.9.1984 vide
Notifn. No. S. O. 644(E), dated 24.8.84 Gaz of India, Exty. Pt. II, Sec.3(ii).

2. Subs. by Act 3 of 1951, s. 3 and Sch., for “except Part B
States”.
3. The words “inclusive of British Baluchistan” rep. by the A.O.
1948.4. The word “and” omitted by Act 40 of 1949, s. 3 and Sch. II
5. Subs. by the A.O. 1937, for “the G.G. in C., or by a Governor or
Lieutenant-Governor in Council”.
6. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and
Part C States”.

8.jurisdiction or authority of any Court of Wards, or to take away any power possessed by 1*[any High Court 2****].

4.Definitions.

4. Definitions.-In this Act, unless there is something repugnant in the subject or context,–

(1) “minor” means a person who, under the provisions of the
Indian Majority Act, 1875 (9 of 1875), is to be deemed not to have attained his majority:

(2) “guardian” means a person having the care of the person of a minor or of his property, or of both his person and property:

(3) “ward” means a minor for whose person or property, or both, there is a guardian:

(4) “District court” has the meaning assigned to that expression in the 3* Code of Civil Procedure (14 of
1882), and includes a High Court in the exercise of its ordinary original civil jurisdiction:

4*[(5) "the Court" means--

(a) the District court having jurisdiction to entertain an application under this Act for an order appointing or declaring a person to be a guardian ; or

(b) where a guardian has been appointed or declared in pursuance of any such application--

(i) the Court which, or the Court of the
Officer who, appointed or declared the guardian or is under this Act deemed to have appointed or declared the guardian; or

(ii) in any matter relating to the person of the ward the District Court having jurisdiction in the place where the ward for the time being ordinarily resides; or
---------------------------------------------------------------------
1. Subs. by the A. O. 1937, for "any High Court established under the Statute 24 and 25 victoria, Ch. 104 (an Act for establishing High
Courts of Judicature in India)".
2. The words "established in Part A States and Part C States"
omitted by Act 3 of 1951, s. 3 and Sch.
3. See now the Code of Civil Procedure, 1908 (5 of 1908).
4. Subs. by Act 4 of 1926, s. 2, for the original cl. (5).
----------------------------------------------------------------------

8A

(c) in respect of any proceeding transferred under section 4A, the Court of the officer to whom such proceeding has been transferred:]

(6) “Collector” means the chief officer in charge of the revenue–administration of a district, and includes any officer whom the State Government, by notification in the Official Gazette, may, by name or in virtue of his office, appoint to be a Collector in any local area, or with respect to any class of persons, for all or any of the purposes of this Act:

1* * * * *; and

(8) “prescribed” means prescribed by rules made by the High
Court under this Act.
———————————————————————
1. Cl. (7) omitted by Act 3 of 1951, s. and Sch.

9.4A.

Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers.

1*[4A. Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers.-(1) The High
Court may, by general or special order, empower any officer exercising original civil jurisdiction subordinate to a District Court, or authorize the Judge of any District Court to empower any such officer subordinate to him, to dispose of any proceedings under this Act transferred to such officer under the provisions of this section.

(2) The Judge of a District Court may, by order in writing, transfer at any stage any proceeding under this Act pending in his
Court for disposal to any officer subordinate to him empowered under sub-section (1).

(3) The Judge of a District Court may at any stage transfer to his own Court or to any officer subordinate to him empowered under sub-section (1) any proceeding under this Act pending in the Court of any other such officer.

(4) When any proceedings are transferred under this section in any case in which a guardian has been appointed or declared, the Judge of the District Court may, by order in writing, declare that the Court of the Judge or officer to whom they are transferred shall, for all or any of the purposes of this Act, be deemed to be the Court which appointed or declared the guardian.]

CHAPTER IIAPPOINTMENT AND DECLARATION OF GUARDIANS

5. [Power of parents to appoint in case of European British subjects.] Rep. by the Part B States (Laws) Act, 1951 (3 of 1951), s.
3 and Sch.

6.Saving of power to appoint in other cases.

6. Saving of power to appoint in other cases.-In the case of a minor 2****, nothing in this Act shall be construed to take away or derogate from any power to appoint a guardian of his person or property, or both, which is valid by the law to which the minor is subject.

7.Power of the Court to make order as to guardianship.

7. Power of the Court to make order as to guardianship.-(1) Where the Court is satisfied that it is for the welfare of a minor that an order should be made–

(a) appointing a guardian of his person or property, or both, or

(b) declaring a person to be such a guardian,

the Court may make an order accordingly.
———————————————————————
1. Ins. by Act 4 of 1926, s. 3.2. The words “who is not an European British subject” omitted by Act
3 of 1951, s. 3 and Sch.

10.(2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court.

(3) Where a guardian has been appointed by will or other instrument or appointed or declared by the Court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.

8.Persons entitled to apply for order.

8. Persons entitled to apply for order.-An order shall not be made under the last foregoing section except on the application of–

(a) the person desirous of being, or claiming to be, the guardian of the minor, or

(b) any relative or friend of the minor, or

(c) the Collector of the district or other local area within which the minor ordinarily resides or in which he has property, or

(d) the Collector having authority with respect to the class to which the minor belongs.

9.Court having jurisdiction to entertain application.

9. Court having jurisdiction to entertain application.-(1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.

(2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides or to a District Court having jurisdiction in a place where he has property.

(3) If an application with respect to the guardianship of the property of a minor is made to a District Court other than that having jurisdiction in the place where the minor ordinarily resides, the
Court may return the application if in its opinion the application would be disposed of more justly or conveniently by any other District
Court having jurisdiction.

10.Form of application.

10. Form of application.-(1) If the application is not made by the Collector, it shall be by petition signed and verified in manner prescribed by the 1* Code of Civil Procedure (14 of 1882), for the signing and verification of a plaint, and stating, so far as can be ascertained–

(a) the name, sex, religion, date of birth and ordinary residence of the minor;
———————————————————————
1. See now the Code of Civil Procedure, 1908 (5 of 1908).

11.(b) where the minor is a female, whether she is married, and, if so, the name and age of her husband;

(c) the nature, situation and approximate value of the property, if any, of the minor;

(d) the name and residence of the person having the custody or possession of the person or property of the minor;

(e) what near relations the minor has, and where they reside;

(f) whether a guardian of the person or property, or both, of the minor has been appointed by any person entitled or claiming to be entitled by the law to which the minor is subject to make such an appointment;

(g) whether an application has at any time been made to the
Court or to any other Court with respect to the guardianship of the person or property, or both, of the minor, and, if so, when, to what Court and with what result;

(h) whether the application is for the appointment or declaration of a guardian of the person of the minor, or of his property, or of both;

(i) where the application is to appoint a guardian, the qualifications of the proposed guardian;

(j) where the application is to declare a person to be a guardian, the grounds on which that person claims;

(k) the causes which have led to the making of the applications; and

(l) such other particulars, if any, as may be prescribed or as the nature of the application renders it necessary to state.

(2) If the application is made by the Collector, it shall be by letter addressed to the Court and forwarded by post or in such other manner as may be found convenient, and shall state as far as possible the particulars mentioned in sub-section (1).

(3) The application must be accompanied by a declaration of the willingness of the proposed guardian to act and the declaration must be signed by him and attested by at least two witnesses.

11.Procedure on admission of application.

11. Procedure on admission of application.-(1) If the Court is satisfied that there is ground for proceeding on the application, it shall fix a day for the hearing thereof, and

12.cause notice of the application and of the date fixed for the hearing-

(a) to be served in the manner directed in the 1* Code of
Civil Procedure (14 of 1882) on–

(i) the parents of the minor if they are residing in 2*[any State to which this Act extends],

(ii) the person, if any, named in the petition or letter as having the custody or possession of the person or property of the minor,

(iii) the person proposed in the application or letter to be appointed or declared guardian, unless that person is himself the applicant, and

(iv) any other person to whom, in the opinion of the Court, special notice of the application should be given; and

(b) to be posted on some conspicuous part of the court-
house, and of the residence of the minor, and otherwise published in such manner as the Court, subject to any rules made by the High Court under this Act, thinks fit.

(2) The State Government may, by general or special order, require that, when any part of the property described in a petition under section 10, sub-section (1), is land of which a Court of Wards could assume the superintendence, the Court shall also cause a notice as aforesaid to be served on the Collector in whose district the minor ordinarily resides, and on every Collector in whose district any portion of the land is situate, and the Collector may cause the notice to be published in any manner he deems fit.

(3) No charge shall be made by the Court or the Collector for the service or publication of any notice served or published under sub-
section (2).

12.Power to make interlocutory order for production of minor and interim protection of person and property.

12. Power to make interlocutory order for production of minor and interim protection of person and property.-(1) The Court may direct that the person, if any, having the custody of the minor shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper.

(2) If the minor is a female who ought not to be compelled to appear in public, the direction under sub-section (1) for her
———————————————————————
1. See now the Code of Civil Procedure, 1908 (5 of 1908).
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “a Part A State or a
Part C State”.

13.production shall require her to be produced in accordance with the customs and manners of the country.

(3) Nothing in this section shall authorize–

(a) the Court to place a female minor in the temporary custody of a person claiming to be her guardian on the ground of his being her husband, unless she is already in his custody with the consent of her parents, if any, or

(b) any person to whom the temporary custody and protection of the property of a minor is entrusted to dispossess otherwise than by due course of law any person in possession of any of the property.

13.Hearing of evidence before making of order.

13. Hearing of evidence before making of order.-On the day fixed for the hearing of the application, or as soon afterwards as may be, the Court shall hear such evidence as may be adduced in support of or in opposition to the application.

14.Simultaneous proceedings in different Courts.

14. Simultaneous proceedings in different Courts.-(1) If proceedings for the appointment or declaration of a guardian of a minor are taken in more Courts than one, each of those Courts shall, on being apprised of the proceedings in the other Court or Courts, stay the proceedings before itself.

(2) If the Courts are both or all subordinate to the same HIgh
Court, they shall report the case to the High Court, and the High
Court shall determine in which of the Courts the proceedings with respect to the appointment or declaration of a guardian of the minor shall be had.

1*[(3) In any other case in which proceedings are stayed under sub-section (1), the Courts shall report the case to, and be guided by such orders as they may receive from, their respective State
Governments.]

15.Appointment or declaration of several guardians.

15. Appointment or declaration of several guardians.-(1) If the law to which the minor is subject admits of his having two or more joint guardians of his person or property, or both, the Court may, if it thinks fit, appoint or declare them.

2* * * * *

(4) Separate guardians may be appointed or declared of the person and of the property of a minor.

(5) If a minor has several properties, the Court may, if it thinks fit, appoint or declare a separate guardian for any one or more of the properties.
———————————————————————
1. Subs. by the A. O. 1937 for the original sub-section (3).
2. Sub-sections (2) and (3) omitted by Act 3 of 1951, s. 3 and Sch.

14.16.Appointment or declaration of guardian for property beyond jurisdiction of the Court.

16. Appointment or declaration of guardian for property beyond jurisdiction of the Court.-If the Court appoints or declares a guardian for any property situate beyond the local limits of its jurisdiction, the Court having jurisdiction in the place where the property is situate shall, on production of a certified copy of the order appointing or declaring the guardian, accept him as duly appointed or declared and give effect to the order.

17.Matters to be considered by the Court in appointing guardian.

17. Matters to be considered by the Court in appointing guardian.-
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.

(2) In considering what will be for the welfare of the minor, the
Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.

(3) If the minor is old enough to form an intelligent preference, the Court may consider that preference.

1* * * * *

(5) The Court shall not appoint or declare any person to be a guardian against his will.

18.Appointment or declaration of Collector in virtue of office.

18. Appointment or declaration of Collector in virtue of office.-
Where a Collector is appointed or declared by the Court in virtue of his office to be guardian of the person or property, or both, of a minor, the order appointing or declaring him shall be deemed to authorize and require the person for the time being holding the office to act as guardian of the minor with respect to his person or property, or both, as the case may be.

19.Guardian not to be appointed by the Court in certain cases.

19. Guardian not to be appointed by the Court in certain cases.-
Nothing in this Chapter shall authorize the Court to appoint or declare a guardian of the property of a minor whose property is under the superintendence of a Court of Wards, or to appoint or declare a guardian of the person–

(a) of a minor who is a married female and whose husband is not, in the opinion of the Court, unfit to be guardian of her person, or

(b) 2** of a minor whose father is living and is not, in the opinion of the Court, unfit to be guardian of the person of the minor, or
———————————————————————
1. Sub-section (4) omitted by Act 3 of 1951, s. 3 and Sch.
2. The words “subject to the provisions of this Act with respect to
European British subjects” omitted by s. 3 and Sch., ibid.

15.(c) of a minor whose property is under the superintendence of a Court of Wards competent to appoint a guardian of the person of the minor.

CHAPTER IIIDUTIES, RIGHTS AND LIABILITIES OF GUARDIANS

20. Fiduciary relation of guardian to ward.-(1) A guardian stands in a fiduciary relation to his ward, and, save as provided by the will or other instrument, if any, by which he was appointed, or by this
Act, he must not make any profit out of his office.

(2) The fiduciary relation of a guardian to his ward extends to and affects purchases by the guardian of the property of the ward, and by the ward of the property of the guardian, immediately or soon after the ward has ceased to be a minor, and generally all transactions between them while the influence of the guardian still lasts or is recent.

21.Capacity of minors to act as guardians.

21. Capacity of minors to act as guardians.-A minor is incompetent to act as guardian of any minor except his own wife or child or, where he is the managing member of an undivided Hindu family the wife or child of another minor member of that family.

22.Remuneration of guardian.

22. Remuneration of guardian.-(1) A guardian appointed or declared by the Court shall be entitled to such allowance, if any, as the Court thinks fit for his care and pains in the execution of his duties.

(2) When an officer of the Government, as such officer, is so appointed or declared to be guardian, such fees shall be paid to the
Government out of the property of the ward as the State Government, by general or special order, directs.

23.Control of Collector as guardian.

23. Control of Collector as guardian. A Collector appointed or declared by the Court to be guardian of the person or property, or both, of a minor shall, in all matters connected with the guardianship of his ward, be subject to the control of the State Government or of such authority as that Government, by 1* notification in the Official
Gazette, appoints in this behalf.

Guardian of the person

24.Duties of guardian of the person.

24. Duties of guardian of the person.-A guardian of the person of a ward is charged with the custody of the ward and must look to his support, health and education,
———————————————————————
1. For notifications appointing authorities to whose control
Collectors appointed under the Act shall be subject, see different local R. & O.

16.and such other matters as the law to which the ward is subject requires.

25.Title of guardian to custody of ward.

25. Title of guardian to custody of ward.-(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return, and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian.

(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100
of the 1* Code of Criminal Procedure, 1882 (10 of 1882).

(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.

26.Removal of ward from jurisdiction.

26. Removal of ward from jurisdiction.-(1) A guardian of the person appointed or declared by the Court unless he is the Collector or is a guardian appointed by will or other instrument, shall not, without the leave of the Court by which he was appointed or declared, remove the ward from the limits of its jurisdiction except for such purposes as may be prescribed.

(2) The leave granted by the Court under sub-section (1) may be special or general, and may be defined by the order granting it.

Guardian of property

27.Duties of guardian of property.

27. Duties of guardian of property.-A guardian of the property of a ward is bound to deal therewith as carefully as a man of ordinary prudence would deal with it if it were his own, and, subject to the provisions of this Chapter, he may do all acts which are reasonable and proper for the realisation, protection or benefit of the property.

28.Powers of testamentary guardian.

28. Powers of testamentary guardian.-Where a guardian has been appointed by will or other instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise, immovable property belonging to his ward is subject to any restriction which may be imposed by the instrument, unless he has under this Act been declared guardian and the Court which made the declaration permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order.

29.Limitation of powers of guardian of property appointed or declared by the Court.

29. Limitation of powers of guardian of property appointed or declared by the Court.-Where a person other than a Collector, or than a guardian appointed by will or other instrument, has been appointed or declared
———————————————————————
1. See now the Code of Criminal Procedure, 1898 (5 of 1898).

17.by the Court to be guardian of the property of a ward, he shall not, without the previous permission of the Court,–

(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of his ward, or

(b) lease any part of that property for a term exceeding five years or for any term extending more than one year beyond the date on which the ward will cease to be a minor.

30.

Voidability of transfers made in contravention of section 28 or section 29.30. Voidability of transfers made in contravention of section 28.or section 29.-A disposal of immovable property by a guardian in contravention of either of the two last foregoing sections is voidable at the instance of any other person affected thereby.

31.Practice with respect to permitting transfers under section 29.31. Practice with respect to permitting transfers under section
29.-(1) Permission to the guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case of necessity or for an evident advantage to the ward.

(2) The order granting the permission shall recite the necessity or advantage, as the case may be, describe the property with respect to which the act permitted is to be done, and specify such conditions, if any, as the Court may see fit to attach to the permission; and it shall be recorded, dated and signed by the Judge of the Court with his own hand, or, when from any cause he is prevented from recording the order with his own hand, shall be taken down in writing from his dictation and be dated and signed by him.

(3) The Court may in its discretion attach to the permission the following among other conditions, namely:–

(a) that a sale shall not be completed without the sanction of the Court;

(b) that a sale shall be made to the highest bidder by public auction, before the Court or some person specially appointed by the Court for that purpose, at a time and place to be specified by the Court, after such proclamation of the intended sale as the Court, subject to any rules made under this Act by the High Court, directs;

(c) that a lease shall not be made in consideration of a premium or shall be made for such term of years and subject to such rents and covenants as the Court directs;

(d) that the whole or any part of the proceeds of the act permitted shall be paid into the Court by the guardian, to

18.be disbursed therefrom or to be invested by the Court on prescribed securities or to be otherwise disposed of as the Court directs.

(4) Before granting permission to a guardian to do an act mentioned in section 29, the Court may cause notice of the application for the permission to be given to any relative or friend of the ward who should, in its opinion, receive notice thereof, and shall hear and record the statement of any person who appears in opposition to the application.

32.Variation of powers of guardian of property appointed or declared by the Court.

32. Variation of powers of guardian of property appointed or declared by the Court.-Where a guardian of the property of a ward has been appointed or declared by the Court and such guardian is not the
Collector, the court may, from time to time, by order, define, restrict or extend his powers with respect to the property of the ward in such manner and to such extent as it may consider to be for the advantage of the ward and consistent with the law to which the ward is subject.

33.Right of guardian so appointed or declared to apply to the Court for opinion in management of property of ward.

33. Right of guardian so appointed or declared to apply to the
Court for opinion in management of property of ward.-(1) A guardian appointed or declared by the Court may apply by petition to the Court which appointed or declared him for its opinion, advice or direction on any present question respecting the management or administration of the property of his ward.

(2) If the Court considers the question to be proper for summary disposal, it shall cause a copy of the petition to be served on, and the hearing thereof may be attended by, such of the persons interested in the application as the Court thinks fit.

(3) The guardian stating in good faith the facts in the petition and acting upon the opinion, advice or direction given by the Court shall be deemed, so far as regards his own responsibility, to have performed his duty as guardian in the subject-matter of the application.

34.Obligations on guardian of property appointed or declared by the
Court.

34. Obligations on guardian of property appointed or declared by the Court.-Where a guardian of the property of a ward has been appointed or declared by the Court and such guardian is not the
Collector, he shall,–

(a) if so required by the Court, give a bond, as nearly as may be in the prescribed form, to the Judge of the
Court to ensure for the benefit of the Judge for the time being, with or without sureties, as may be prescribed, engaging duly to account for what he may receive in respect of the property of the ward;

(b) if so required by the Court, deliver to the Court, within six months from the date of his appointment or declaration by the Court, or within such other time as the Court directs, a statement of the immovable property

19.belonging to the ward, of the money and other movable property which he has received on behalf of the ward up to the date of delivering the statement, and of the debts due on that date to or from the ward;

(c) if so required by the Court, exhibit his accounts in the
Court at such times and in such form as the Court from time to time directs;

(d) if so required by the Court, pay into the Court at such time as the Court directs the balance due from him on those accounts, or so much thereof as the Court directs; and

(e) apply for the maintenance, education and advancement of the ward and of such persons as are dependent on him, and for the celebration of ceremonies to which the ward or any of those persons may be a party, such portion of the income of the property of the ward as the Court from time to time directs, and, if the Court so directs, the whole or any part of that property.

34A.

Power to award remuneration for auditing accounts.

1*[34A. Power to award remuneration for auditing accounts.-When accounts are exhibited by a guardian of the property of a ward in pursuance of a requisition made under clause (c) of section 34 or otherwise, the Court may appoint a person to audit the accounts, and may direct that remuneration for the work be paid out of the income of the property.]

35.Suit against guardian where administration bond was taken.

35. Suit against guardian where administration bond was taken.-
Where a guardian appointed or declared by the Court has given a bond duly to account for what he may receive in respect of the property of his ward, the Court may, on application made by petition and on being satisfied that the engagement of the bond has not been kept, and upon such terms as to security, or providing that any money received be paid into the Court, or otherwise as the Court thinks fit, assign the bond to some proper person, who shall thereupon be entitled to sue on the bond in his own name as if the bond had been originally given to him instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustee for the ward, in respect of any breach thereof.

36.Suit against guardian where administration bond was not taken.

36. suit against guardian where administration bond was not taken.-(1) Where a guardian appointed or declared by the Court has not given a bond as aforesaid, any person, with the leave of the Court, may, as next friend, at any time during the continuance of the minority of the ward, and upon such terms as aforesaid, institute a suit against the guardian, or, in case of his death, against his representative, for an account of what the guardian has received in
———————————————————————
1. Ins. by Act 17 of 1929, s.2.20.respect of the property of the ward, and may recover in the suit, as trustee for the ward, such amount as may be found to be payable by the guardian or his representative, as the case may be.

(2) The provisions of sub-section (1) shall, so far as they relate to a suit against a guardian, be subject to the provisions of section 440 of the Code of Civil Procedure (14 of 1882), as amended by this Act 1*.

37.General liability of guardian as trustee.

37. General liability of guardian as trustee.-Nothing in either of the two last foregoing sections shall be construed to deprive a ward or his representative of any remedy against his guardian, or the representative of the guardian, which, not being expressly provided in either of those sections, any other beneficiary or his representative would have against his trustee or the representative of the trustee.

Termination of guardianship

38.Right of survivorship among joint guardians.

38. Right of survivorship among joint guardians.-On the death of one of two or more joint guardians, the guardianship continues to the survivor or survivors until a further appointment is made by the
Court.

39.Removal of guardian.

39. Removal of guardian.-The Court may, on the application of any person interested, or of its own motion, remove a guardian appointed or declared by the Court, or a guardian appointed by will or other instrument, for any of the following causes, namely:–

(a) for abuse of his trust;

(b) for continued failure to perform the duties of his trust;

(c) for incapacity to perform the duties of his trust;

(d) for ill-treatment, or neglect to take proper care, of his ward;

(e) for contumacious disregard of any provision of this Act or of any order of the Court;

(f) for conviction of an offence implying, in the opinion of the Court, a defect of character which unfits him to be the guardian of his ward;

(g) for having an interest adverse to the faithful performance of his duties;

(h) for ceasing to reside within the local limits of the jurisdiction of the Court;

(i) in the case of a guardian of the property, for bankruptcy or insolvency;
———————————————————————
1. See now Order XXXII, rules 1 and 4 (2), in Sch. I to the Code of
Civil Procedure, 1908 (5 of 1908).

21.(j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject:

Provided that a guardian appointed by will or other instrument, whether he has been declared under this Act or not, shall not be removed–

(a) for the cause mentioned in clause (g) unless the adverse interest accrued after the death of the person who appointed him, or it is shown that that person made and maintained the appointment in ignorance of the existence of the adverse interest, or

(b) for the cause mentioned in clause (h) unless such guardian has taken up such a residence as, in the opinion of the Court, renders it impracticable for him to discharge the functions of guardian.

40.

Discharge of guardian.

40. Discharge of guardian.-(1) If a guardian appointed or declared by the Court desires to resign his office, he may apply to the Court to be discharged.

(2) If the Court finds that there is sufficient reason for the application, it shall discharge him, and if the guardian making the application is the Collector and the State Government approves of his applying to be discharged, the Court shall in any case discharge him.

41.Cessation of authority of guardian.

41. Cessation of authority of guardian.-(1) The powers of a guardian of the person cease–

(a) by his death, removal or discharge;

(b) by the Court of Wards assuming superintendence of the person of the ward;

(c) by the ward ceasing to be a minor;

(d) in the case of a female ward, by her marriage to a husband who is not unfit to be guardian of her person or, if the guardian was appointed or declared by the
Court, by her marriage to a husband who is not, in the opinion of the Court, so unfit; or

(e) in the case of a ward whose father was unfit to be guardian of the person of the ward, by the father ceasing to be so or, if the father was deemed by the
Court to be so unfit, by his ceasing to be so in the opinion of the Court.

(2) The powers of a guardian of the property cease–

(a) by his death, removal or discharge;

22.(b) by the Court of Wards assuming superintendence of the property of the ward; or

(c) by the ward ceasing to be a minor.

(3) When for any cause the powers of a guardian cease, the Court may require him or, if he is dead, his representative to deliver as it directs any property in his possession or control belonging to the ward or any accounts in his possession or control relating to any past or present property of the ward.

(4) When he has delivered the property or accounts as required by the Court, the Court may declare him to be discharged from his liabilities save as regards any fraud which may subsequently be discovered.

42.Appointment of successor to guardian dead, discharged or removed.

42. Appointment of successor to guardian dead, discharged or removed.-When a guardian appointed or declared by the Court is discharged, or, under the law to which the ward is subject, ceases to be entitled to act, or when any such guardian or a guardian appointed by will or other instrument is removed or dies, the Court, of its own motion or on application under Chapter II, may, if the ward is still a minor, appoint or declare another guardian of his person or property, or both, as the case may be.

CHAPTER IVSUPPLEMENTAL PROVISIONS

43. Orders for regulating conduct or proceedings of guardians, and enforcement of those orders.-(1) The Court may, on the application of any person interested or of its own motion, make an order regulating the conduct or proceedings of any guardian appointed or declared by the Court.

(2) Where there are more guardians than one of a ward, and they are unable to agree upon a question affecting his welfare, any of them may apply to the Court for its direction, and the Court may make such order respecting the matter in difference as it thinks fit.

(3) Except where it appears that the object of making an order under sub-section (1) or sub-section (2) would be defeated by the delay, the Court shall, before making the order, direct notice of the application therefor or of the intention of the Court to make it, as the case may be, to be given, in a case under sub-section (1), to the guardian or, in a case under sub-section (2), to the guardian who has not made the application.

(4) In case of disobedience to an order made under sub-section
(1) or sub-section (2), the order may be enforced in the same manner

23.as an injunction granted under 1* section 492 or section 493 of the
Code of Civil Procedure, (14 of 1882), in a case under sub-section
(1), as if the ward were the plaintiff and the guardian were the defendant or, in a case under sub-section (2), as if the guardian who made the application were the plaintiff and the other guardian were the defendant.

(5) Except in a case under sub-section (2), nothing in this section shall apply to a Collector who is, as such, a guardian.

44.Penalty for removal of ward from jurisdiction.

44. Penalty for removal of ward from jurisdiction.-If, for the purpose or with the effect of preventing the Court from exercising its authority with respect to a ward, a guardian appointed or declared by the Court removes the ward from the limits of the jurisidiction of the
Court in contravention of the provisions of section 26, he shall be liable, by order of the Court, to fine not exceeding one thousand rupees, or to imprisonment in the civil jail for a term which may extend to six months.

45.Penalty for contumacy.

45. Penalty for contumacy.-(1) In the following cases, namely:–

(a) if a person having the custody of a minor fails to produce him or cause him to be produced in compliance with a direction under section 12, sub-section (1), or to do his utmost to compel the minor to return to the custody of his guardian in obedience to an order under section 25, sub-section (1), or

(b) if a guardian appointed or declared by the Court fails to deliver to the Court, within the time allowed by or under clause (b) of section 34, a statement required under that clause, or to exhibit accounts in compliance with a requisition under clause (c) of that section, or to pay into the Court the balance due from him on those accounts in compliance with a requisition under clause
(d) of that section, or

(c) if a person who has ceased to be a guardian, or the representative of such a person, fails to deliver any property or accounts in compliance with a requisition under section 41, sub-section (3),

the person, guardian or representative, as the case may be, shall be liable, by order of the Court, to fine not exceeding one hundred rupees, and in case of recusancy to further fine not exceeding ten rupees for each day after the first during which the default continues,
———————————————————————
1. See now Order XXXIX, rules 1 and 2, in Sch. I to the Code of
Civil Procedure, 1908 (5 of 1908).

24.and not exceeding five hundred rupees in the aggregate, and to detention in the civil jail until he undertakes to produce the minor or cause him to be produced, or to compel his return, or to deliver the statement, or to exhibit the accounts, or to pay the balance, or to deliver the property or accounts, as the case may be.

(2) If a person who has been released from detention on giving an undertaking under sub-section (1) fails to carry out the undertaking within the time allowed by the Court, the Court may cause him to be arrested and re-committed to the civil jail.

46.Reports by Collectors and subordinate Courts.

46. Reports by Collectors and subordinate Courts. (1) The Court may call upon the Collector, or upon any Court subordinate to the
Court, for a report on any matter arising in any proceeding under this
Act and treat the report as evidence.

(2) For the purpose of preparing the report the Collector or the
Judge of the subordinate Court, as the case may be, shall make such inquiry as he deems necessary, and may for the purposes of the inquiry exercise any power of compelling the attendance of a witness to give evidence or produce a document which is conferred on a Court by the 1*
Code of Civil Procedure (14 of 1882).

47.Orders appealable.

47. Orders appealable.-An appeal shall lie to the High Court from an order made by a 2**** Court,-

(a) under section 7, appointing or declaring or refusing to appoint or declare a guardian; or,

(b) under section 9, sub-section (3), returning an application; or,

(c) under section 25, making or refusing to make an order for the return of a ward to the custody of his guardian; or,

(d) under section 26, refusing leave for the removal of a ward from the limits of the jurisdiction of the Court, or imposing conditions with respect thereto; or,

(e) under section 28 or section 29, refusing permission to a guardian to do an act referred to in the section; or,

(f) under section 32, defining, restricting or extending the powers of a guardian; or,

(g) under section 39, removing a guardian; or,

(h) under section 40, refusing to discharge a guardian; or,
———————————————————————
1. See now the Code of Civil Procedure, 1908 (5 of 1908).
2. The word “District” rep. by Act 4 of 1926, s. 4.25.(i) under section 43, regulating the conduct or proceedings of a guardian or settling a matter in difference between joint guardians, or enforcing the order; or,

(j) under section 44 or section 45, imposing a penalty.

48.Finality of other orders.

48. Finality of other orders.-Save as provided by the last foregoing section and by 1* section 622 of the Code of Civil
Procedure (14 of 1882), an order made under this Act shall be final and shall not be liable to be contested by suit or otherwise.

49.Costs.

49. Costs.-The costs of any proceeding under this Act, including the costs of maintaining a guardian or other person in the civil jail, shall, subject to any rules made by the High Court under this Act, be in the discretion of the Court in which the proceeding is had.

50.

Power of High Court to make rules.

50. Power of High Court to make rules.-(1) In addition to any other power to make rules conferred expressly or impliedly by this
Act, the High Court may from time to time make rules consistent with this Act-

(a) as to the matters respecting which, and the time at which, reports should be called for from Collectors and subordinate Courts;

(b) as to the allowances to be granted to, and the security to be required from, guardians, and the cases in which such allowances should be granted;

(c) as to the procedure to be followed with respect to applications of guardians for permission to do acts referred to in sections 28 and 29;

(d) as to the circumstances in which such requisitions as are mentioned in clauses (a), (b), (c) and (d) of section 34 should be made;

(e) as to the preservation of statements and accounts delivered and exhibited by guardians;

(f) as to the inspection of those statements and accounts by persons interested;

2*[(ff) as to the audit of accounts under section 34A, the class of persons who should be appointed to audit accounts, and the scales of remuneration to be granted to them;]

(g) as to the custody of money, and securities for money, belonging to wards;
———————————————————————
1. See now s. 115 of the Code of Civil Procedure, 1908 (5 of 1908).
2. Ins. by Act 17 of 1929, s. 3.26.(h) as to the securities on which money belonging to wards may be invested;

(i) as to the education of wards for whom guardians, not being Collectors, have been appointed or declared by the Court; and,

(j) generally, for the guidance of the Courts in carrying out the purposes of this Act.

(2) Rules under clauses (a) and (i) of sub-section (1) shall not have effect until they have been approved by the State Government, nor shall any rule under this section have effect until it has been published in the Official Gazette.

51.Applicability of Act to guardians already appointed by Court.

51. Applicability of Act to guardians already appointed by Court.-
A guardian appointed by, or holding a certificate of administration from, a Civil Court under any enactment repealed by this Act shall, save as may be prescribed, be subject to the provisions of this Act, and of the rules made under it, as if he had been appointed or declared by the Court under Chapter II.

52.Amendment of Indian Majority Act.

52. [Amendment of Indian Majority Act]. Rep. by the Repealing Act,
1938 (1 of 1938), s. 2 and Sch.

53.Amendment of Chapter XXXI of the Code of Civil Procedure.

53. [Amendment of Chapter XXXI of the Code of Civil Procedure].
Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and Sch.
V.

THE SCHEDULE

[Enactments repealed.]

THE SCHEDULE.–[Enactments repealed.] Rep. by the Repealing Act,
1938 (1 of 1938), s. 2 and Sch.

**************************

THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1890

ACT NO. 11 OF 1890 1*

[21st March, 1890.]

An Act for the prevention of Cruelty to Animals.

WHEREAS it is expedient to make further provision for the preven-
tion of cruelty to animals; It is hereby enacted as follows:-

1.Title, extent and commencement, and supersession of other enactments.

1. Title, extent and commencement, and supersession of other enactments. (1) This Act may be called the Prevention of Cruelty to
Animals Act, 1890.

(2) This section extends to the whole of India except 2[the territories which, immediately before the 1st November, 1956 were comprised in Part B States]: and the State Government may, by notification in the Official Gazette, extend, on and from a date to be specified in the notification, the whole or any part of the. rest of this Act to any such local area as it thinks fit.

(3) When any part of this Act has been extended under subsection
(2) to a local area, the State Government may, by notification In the
Official Gazette, direct that the whole or any part of any other enactment in force in the local area for the prevention of cruelty to animals shall, except as regards anything done or any offence com-
mitted or any fine or penalty incurred or any proceedings commenced, cease to have effect in the local area, and such whole or part shall cease to have effect accordingly until the state Government, by a like notification, otherwise directs.

(4) The State Government may cancel or vary a notification under sub-section (2) or sub-section (3).

2.Definitions.

2. Definitions. In this Act, unless there is something repugnant in the subject or context,-

(1) “animal” means any domestic or captured animal; 3*
* *.

(2) “street” includes any way, road, lane, square, court, alley passage or open space, whether a thoroughfare or not, to which the public have access;

———————————————————————-
1 The Act has been amended in its application to Bombay by Bom.
Acts 13 of 1922, 9 of 1923, 2 of 1928. 3 of 1933 and 28 of 1946, and in Madras by Mad. Act 20 of 1942.Rep. in its application to Bellary District by Mysore Act 14 of
1955.2 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part
B States”.

3 The word “and” rep. by Act 25 of 1938.———————————————————————-

8.1[(3) Phooka or doom dev includes any process of introducing air or any substance into the female organ of a milch animal with the object of drawing off from the animal any secretion of milk.]

3.Penalty for cruelty to animals and for sale of animals killed withunnecessary cruelty.

2[3. Penalty for cruelty to animals and for sale of animals killed with unnecessary cruelty. If any person-

(a) overdrives, beats, or otherwise treats any animal so as to subject it to unnecessary pain or suffering, or

(b) binds, keeps, carries or consigns for carriage any animal in such manner or position as to subject it to unnecessary pain or suffering, or

(c) offers for sale or without reasonable cause has in his possession any live animal which is suffering pain by reason of mutilation, starvation,thirst, over-crowding or other ill-
treatment, or

(d) offers for sale any dead animal or part of a dead animal which he has reason to believe has been killed in an unnecessarily cruel manner, or

(e) without reasonable cause abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst,

3 he shall be punished, in the case of a first offence, with fine which may extend to fifty rupees, or with imprisonment for a term which may extend to one month and, in the case of a second or subsequent offence committed within three years of the previous offence, with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both.]

3.Penalty for overloading animals.

4 [3A. Penalty for overloading animals. (1) If any person overloads any animal, he shall be punished with fine which may extend to fifty rupees, or with imprisonment for a term which may extend to one month.

(2) If the owner of any animal, or any person who, either as a trader, carrier or contractor or by virtue of his employment by a trader, carrier or contractor, is in possession of, or in control of the loading of, any animal, permits the overloading of such animal, he shall be punished with fine which may extend to one hundred rupees.]

———————————————————————-
1 Ins. by Act 25 of 1938, s. 2.2 Subs. by s. 3. ibid., for the original section.

3 Cf. the Cruelty to Animals Act, 1849 (12 and 13 Vict. c. 92).
s. 18.4 Ins. by Act 25 of 1938, s. 4.———————————————————————–

8A

4.Penalty for practising phooka.

1[4. Penalty for practising phooka. (1) If any person performs upon any cow or other milch animal the operation called phooka or doom dev, or permits such operation to be performed upon any such animal in his possession or under his control, he shall be punished with fine which may extend to five hundred rupees,or with imprisonment for a term which may extent to two years, or with both, and the animal on which the operation was performed shall be forfeited to Government:

Provided that in the case of a second or subsequent conviction of a person under this section he shall be punished with fine which may

----------------------------------------------------------------------
1 Subs. by Act 25 of 1938, s.5, for the original section.
----------------------------------------------------------------------

9.extend to five hundred rupees and with imprisonment for a term which may extend to two years.

(2) A Court may order payment out of any fine imposed under this section of an amount not exceeding one-tenth of the fine to any person other than a police officer or officer of a society or institution concerned with the prevention of cruelty to animals who has given information leading to the conviction.]

5.Penalty for killing animals with unnecessary cruelty anywhere.

5. Penalty for killing animals with unnecessary cruelty anywhere. If any person kills any animal in an unnecessarily cruel manner, he shall be punished with fine which may extend to two hundred rupees, or with imprisonment for a term which may extend to six months, or with both.

1[5A. Penalty for being in possession of the skin of a goat killed with unnecessary cruelty. If any person has in his possession the skin of a goat, and has reason to believe that the goat has been killed in an unnecessarily cruel manner, he shall be punished with fine which may extend to one hundred rupees, or with imprisonment which may extend to three months, or with both, and the skin shall be confiscated.

5B. Presumptions as to possession of the skin of a goat. If any person is charged with the offence of killing a goat contrary to the provisions of section 5, or with an offence punishable under section
5A, and it is proved that such person had in his possession, at the time the offence was alleged to have been committed, the skin of a goat with any part of the skin of the head attached thereto, it shall be presumed, until the contrary be proved, that such goat was killed in an unnecessarily cruel manner, and that the person in possession of such skin had reason so to believe.]

6.Penalty for employing anywhere animals unfit for labour.

6. 2* Penalty for employing anywhere animals unfit for labour.
If any person employs in any work or labour any animal which by reason of any disease, infirmity, wound, sore or other cause is unfit to be so employed, or permits any such unfit animal in his possession or under his control to be so employed, he shall be punished with fine which may extend to one hundred rupees.

3* * * * * * *

4[6A. Interpretation. For the purposes of sections 3A and 6, any owner or other person in possession or control of an animal shall be deemed to have permitted an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence, and, for the purposes of section 4, if he fails to prove that he has exercised such care and supervision.

6B. Treatment and care of animals. (1) The State Government may, by general or special order, appoint infirmaries for the treatment and care of animals in respect of which offences against this Act have been committed, and may

----------------------------------------------------------------------
1 Sections 5A and 5B were ins. by Act 14 of 1917, s. 2.2 The figure and brackets " (1) " were rep. by Act 25 of 1938, s. 6.3 Sub-sections (2) to (6) were rep. by Act 25 of 1938, s. 6.4 Sections 6A, 6B and 6C were Ins. by s. 7, ibid.
----------------------------------------------------------------------

10.authorise the detention therein of any animal pending its production before a Magistrate.

(2)The Magistrate before whom a prosecution for an offence against this Act has been instituted may direct that the animal con-
cerned shall be treated and cared for in an infirmary, until it is fit to perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole, or, if the Veterinary Officer in charge of the area in which the animal is found or such other
Veterinary Officer as may be authorised in this behalf by rules made under section 15 certifies that it is incurable or cannot be removed without cruelty, that it shall be destroyed.

(3) An animal sent for care and treatment to an infirmary shall not, unless the Magistrate directs that it shall be sent to a pinjrapole or that it shall be destroyed, be released from such place except upon a certificate of its fitness for discharge issued by the
Veterinary Officer in charge of the area in which the infirmary is situated or such other Veterinary Officer as may be authorised in this behalf by rules made under section 15.(4)The cost of transporting an animal to an infirmary or pinjra-
pole, and of its maintenance and treatment in an infirmary, shall be payable by the owner of the animal in accordance with a scale of rates to be prescribed by the District Magistrate or, in Presidency-towns, by the Commissioner of Police:

Provided that when the Magistrate so orders, on account of the poverty of the owner of the animal, no charge shall be payable for the treatment of the animal.

(5)If the owner refuses or neglects to pay such. cost or to remove the animal within such time as a Magistrate may prescribe, the
Magistrate may direct that the animal be sold and that the proceeds of the sale be applied to the payment of such cost.

(6)The surplus, if any, of the proceeds of such sale shall, on application made by the owner within two months from the date of the sale, be paid to him.

6C. Penalty for baiting or inciting animals to fight. If any person-

(a) incites any animal to fight, or

(b) baits any animal, or

(c) aids or abets any such incitement or baiting,

he shall be punished with fine which may extend to fifty rupees.

Exception.-It shall not be an offence under this section to incite animals to fight if such fighting is not likely to cause injury or suffering to such animals and all reasonable precautions are taken to prevent injury or suffering from being so caused.]

11.7.Penalty for permitting diseased animals to go at large or to die inpublic place.

7. Penalty for permitting diseased animals to go at large or to die in public place. If any person wilfully permits any animal of which he is the owner 1[or is in charge] to go at large in any street while the animal is affected with contagious or infectious disease, or without reasonable excuse permits any diseased or disabled animal of which he is the owner 1 [or is in charge] to die in any street, he shall be punished with fine which may extend to one hundred rupees
1[where he is the owner of the animal, or to fifty rupees where he is in charge of but not the owner of the animal.]

2[7A. Special power of search and seizure in respect of certain offences. 3[(1)] If a police officer, not below the rank of sub-
inspector, has reason to believe that an offence under section 5, in respect of a goat, is being or is about to be, or has been, committed in any place, or that any person has in his possession the skin of a goat with any part of the skin of the head attached thereto, he may enter and search such place or any place in which he has reason to believe any such skin to be, and may seize any such skin and any article or thing used or intended to be used in the commission of such offence.]

4[(2) If a police officer, not below the rank of sub-inspector, or any person specially authorised by the State Government in this behalf has reason to believe that phooka or doom dev has just been or is being performed on any animal within the limits of his jurisdiction, he may enter any place in which he has reason to believe such animal to be, and may seize the animal and produce it for examination by the Veterinary Officer in charge of the area in which the animal is seized.]

8.Search warrants.

8. Search warrants. (1) If a Magistrate of the first 5[or second class, Presidency Magistrate], Sub-divisional Magistrate, Commissioner of Police or District Superintendent of Police, upon information in writing and after such inquiry as he thinks necessary, has reason to believe that an offence 6[against this Act] is being or is about to be or has been committed in any place, he may either himself enter and search or by his warrant authorise any police officer 7[not below the rank of subinspector] to enter and search the place.

(2) The provisions of the 8Code of Criminal Procedure, 1882,(10.of 1882.) relating to searches under that Code shall, so far as those provisions can be made applicable, apply to a search under sub-section
(1) 9[or under section 7A.]

———————————————————————-
1 Ins. by Act 25 of 1938, s. 8.2 Ins. by Act 14 of 1917, s. 3.3 The original section 7A was re-numbered as sub-section (1) of that section by Act 25 of 1938, s. 9.4 Ins. by Act 25 of 1938, s. 9.5 Subs. by s. 10, ibid., for “class”.

6 Subs. ibid., for ” against section 4, section 5 or section 6″.

7 Subs. ibid., for “above the rank of a constable

8 See now the Code of Criminal Procedure, 1898 (5 of 1898).

9 Ins. by Act 14 of 1917, s, 4.———————————————————————-

12.9.Limitation for prosecutions.

9.Limitation for prosecutions. A prosecution for an offence against this Act shall not be instituted after the expiration of three months from the date of the commission of the offence.

10.Destruction of suffering animals.

10.Destruction of suffering animals. 1[(1)] When any Magistrate, Commissioner of Police or District Superintendent of Police has reason to believe that an offence against this Act has been committed in respect of any animal, he may direct the immediate destruction of the animal if in his opinion its sufferings are such as to render such a direction proper.

2[(2) Any police officer above the rank of a constable who finds any animal so diseased, or so severely injured, or in such a physical condition that it cannot, in his opinion, be removed without cruelty, may, if the owner is absent or refuses to consent to the destruction of the animal, forthwith summon the Veterinary Officer in charge of the area in which the animal is found and if the Veterinary Officer certifies that the animal is mortally injured, or so severely injured or in such a physical condition that its destruction is desirable, the police officer may, after obtaining orders from a Magistrate, destroy the animal or cause it to be destroyed.]

11.Saving with respect to religious rites and usages.

11.Saving with respect to religious rites and usages. Nothing in this Act shall render it an offence to kill any animal in a manner required by the religion or religious rites and usages of any race, sect, tribe or class.

12.Provision supplementary to section 1 with respect to extent of Act.

12.Provision supplementary to section 1 with respect to extent of
Act. Notwithstanding anything in section 1, sections 3[4 and 13, sections 9 and 10, and sections 6A, 7A, 8 and 15 so far as they relate to offences under section 4] shall extend to every local area in which any section of this Act constituting an offence is for the time being in force.

13.Offence under section 4 to be cognizable.

4[13.Offence under section 4 to be cognizable. Notwithstanding anything contained in the Code of Criminal Procedure, 1898,(5 of
1898.) an offence punishable under section 4, shall be a cognizable offence within the meaning of that Code.]

14.General power of seizure for examination.

4[14.General power of seizure for examination. Any police officer above the rank of a constable or any person authorised by the State
Government in this behalf, who has reason to believe that an offence against this Act has been or is being committed in respect of any animal, may, if in his opinion the circumstances so require, seize the animal and produce the same for examination by the nearest Magistrate or by such Veterinary Officer as may be designated in this behalf by rules made under section 15; and such police officer or authorised person may, when seizing the animal, require the person in charge thereof to accompany it to the place of examination.]

———————————————————————

1 S. 10 was re-numbered as sub-section (1) of that section by s.
11 of Act 25 of 1938.2 Sub-section (2) was ins., ibid.

3 Subs. by Act 25 of 1938, s. 12, for ” 9, 10 and 11″.

4 Ss. 13 to 17 were ins. by s. 13, ibid.
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13.15.Power to make rules.

1[15. Power to make rules. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this
Act.

(2) In particular, and without prejudice to the generality of the foregoing power, the State Government may make rules-

(a) prescribing the maximum weight of loads to be carried or drawn by any animal;

(b) prescribing conditions to prevent the overcrowding of animals ;

(c) prescribing the period during which, and the hours between which, buffaloes shall not be used for draught purposes ;

(d) prescribing the purposes to which fines realized under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles, and veterinary hospitals ;

(e) prohibiting the use of any bit or harness involving cruelty;

(f) requiring persons carrying on the business of a farrier to be licensed and registered ;

(g) requiring persons owning, or in charge of, premises in which animals are kept or milked to register such premises, to comply with prescribed conditions as to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence against section 4 is being, or has been, committed therein, and to expose in such premises copies of section 4 of this Act in a language or languages commonly understood in the locality ;
and

(h) prescribing the manner in which cattle may be impounded in any place appointed for the purpose, so as to secure the provision of adequate space, food and water.

(3) If any person contravenes, or abets the contravention of, any rule made under this section, he shall be punished with fine which may extend to fifty rupees.]

16.Persons authorised under section 14 to be public servants.

1[16. Persons authorised under section 14 to be public servants.
Every person authorised by the State Government under section 14 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.] (45 of 1860.)

17.Indemnity.

1[17. Indemnity. No suit, prosecution or other legal proceeding shall lie against any person who is, or who is deemed to be, a public servant within the meaning of section 21 of the Indian Penal Code, in respect of anything in good faith done or intended to be done under this Act.] (45 of 1860.)