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Friday, September 22, 2017

THE INDIAN INSTITUTES OF INFORMATION TECHNOLOGY (PUBLIC-PRIVATE PARTNERSHIP) ACT, 2017

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THE INDIAN INSTITUTES OF INFORMATION TECHNOLOGY
(PUBLIC-PRIVATE PARTNERSHIP) ACT, 2017
____________
ARRANGEMENT OF SECTIONS
___________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title and commencement.
2. Declaration of certain institutions as institutions of national importance.
3. Definitions.
CHAPTER II
THE INSTITUTES
4. Incorporation of Institutes.
5. Effect of incorporation of Institutes. On and from the date of commencement of this Act
6. Objects of Institute.
7. Powers and functions of Institute.
8. Institutes to be open to all races, creeds and classes.
9. Teaching at Institute.
10. Institute to be a distinct legal entity not-for-profit.
11. Establishment of Institute by Central Government, State Government and industry partners.
CHAPTER III
AUTHORITIES OF INDIAN INSTITUTES OF INFORMATION TECHNOLOGY
ESTABLISHED IN PUBLIC-PRIVATE PARTNERSHIP
12. Visitor.
13. Authorities of Institute.
14. Board of Governors.
15. Term of office of vacancies among and allowances payable to, members of Board.
16. Resignation of Chairperson.
17. Powers and functions of Board.
18. Senate.
19. Powers and functions of Senate.
20. Finance Committee.
21. Powers and functions of Finance Committee.
22. Meetings.
23. Director.
24. Registrar.
25. Review of Performance of Institute
CHAPTER IV
ACCOUNTS AND AUDIT
26. Grants by Central Government and State Governments.
27. Fund of Institute
28. Accounts and audit.
29. Pension and provident fund.
30. Appointments.
31. Statues.
32. Statues how to be made.
33. Ordinance.
SECTIONS
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34. Ordinance how to be made.
35. Tribunal of Arbitration.
36. Annual report of Director.
37. Annual report of each Institute.
CHAPTER V
CO-ORDINATION FORUM
38. Co-ordination Forum.
39. Term of office and allowances payable to members of Co-ordination Forum.
40. Function and duties of Co-ordination Forum.
CHAPTER VI
MISCELLANEOUS
41. Power to make rules.
42. Acts and proceedings not to be invalidated by vacancies, etc.
43. Returns and information to be provided to Central Government or State Government.
44. Power of Central Government to issue directions.
45. Institute to be public authority under Right to Information Act.
46. Transitional provisions.
47. Power to remove difficulties.
48. Laying to rules, Statutes, Ordinances and notification.
THE SCHEDULE
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THE INDIAN INSTITUTES OF INFORMATION TECHNOLOGY
(PUBLIC-PRIVATE PARTNERSHIP) ACT, 2017
NO. 23 OF 2017
[9th August, 2017.]
An Act to declare certain Indian Institutes of Information Technology established under public-private
partnership as institutions of national importance, with a view to develop new knowledge in
information technology and to provide manpower of global standards for the information technology
industry and to provide for certain other matters connected with such institutions or incidental
thereto.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the Indian Institutes of Information
Technology (Public-private Partnership) Act, 2017.
(2) It shall come into force on such date as the Central Government may, by notification in the Official
Gazette, appoint.
2. Declaration of certain institutions as institutions of national importance.—Whereas the objects of
the Institutes mentioned in the Schedule are such as to make them institutions of national importance, it is
hereby declared that each such Institute is an institution of national importance.
3. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appointed day” means the date of establishment of the Institutes established under
sub-section (2) of section 4;
(b) “Board”, in relation to any Institute, means the Board of Governors referred to in sub-section
(1) of section 14;
(c)”Chairperson” means the Chairperson of the Board appointed under sub-section (2) of section
14;
(d) “Co-ordination Forum” means the Co-ordination Forum established under sub-section (1) of
section 38;
(e) “Director” means the Director of the Institute;
(f) “existing Institute” means the Institute mentioned in column (3) of the Schedule;
(g) “industry partner” means an individual, or a trust established under the Indian Trusts Act, 1882,
(2 of 1882) or a company established under the Companies Act, 2013 (18 of 2013) or society formed
and registered under the Societies Registration Act, 1860 (21 of 1860) or a financial institution or a
combination of one or more of such industry partners;
(h) “Institute” means any of the institutions mentioned in column (5) of the Schedule and such other
Institutes established under section 11;
(i) “notification” means a notification published in the Official Gazette and the expression “notify” shall be
construed accordingly;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “public-private partnership “ means such partnership under a scheme of the Central Government which
provides for establishment of Institute involving collaboration between the Central Government, the State
Government and industry partners;
(l) “Schedule” means the Schedule to this Act;
(m) “Senate”, in relation to any Institute, means the Senate thereof;
(Date of enforcement to be notified)
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(n) “Statutes” and “Ordinances”, in relation to any Institute, mean the Statutes and Ordinances of the
Institute made under this Act.
CHAPTER II
THE INSTITUTES
4. Incorporation of Institutes.—(1) On and from the commencement of this Act, every existing
Institute, shall be a body corporate by the same name as mentioned in column (5) of the Schedule.
(2) On and from the appointed day, any other Institute of Information Technology as may be
established under section 11 shall be a body corporate by such name as the Central Government may, by
notification, specify.
(3) Every existing Institute or any Institute established under sub-section (2) shall have perpetual succession
and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of
property, both movable and immovable, and to contract, and shall, by its name, sue or be sued.
5. Effect of incorporation of Institutes. On and from the date of commencement of this Act,—(a)
any reference to any existing Institute in any contract or other instrument shall be deemed to be reference
to the corresponding Institute mentioned in column (5) of the Schedule;
(b) all properties, movable and immovable, belonging to every existing Institute shall vest in the
corresponding Institute mentioned in column (5) of the Schedule (c) all rights, debts and other liabilities of every
existing Institute shall be transferred to, and be the rights and liabilities of, the corresponding Institute mentioned in
column (5) of the Schedule;
(d) every person employed by any existing Institute, immediately before such commencement, shall hold his office or
service in the corresponding Institute mentioned in column (5) of the Schedule, with the same tenure, at the same
remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity,
provident fund and other matters as he would have held the same if this Act had not been enacted and shall continue to do so
unless and until his employment is terminated or until such tenure, remuneration and the terms and conditions are duly
altered by the Statutes:
Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated
by the Institute in accordance with the terms of the contract with the employee or, if no provision is made therein in
this behalf, on payment to him by the Institute of compensation equivalent to three months' remuneration in the case
of permanent employees and one month's remuneration in case of other employees:
Provided further that any reference, by whatever form of words, to the Director, Registrar and other officers of
any existing Institute, in any law for the time being in force, or in any instrument or other document, shall be
deemed to be reference to the Director, Registrar and other officers of the corresponding Institute mentioned in
column (5) of the Schedule;
(e) every person pursuing, before the commencement of this Act, any academic or research course in any existing
Institute, shall be deemed to have migrated and registered with the corresponding Institute mentioned in column (5) of the
Schedule, on such commencement at the same level of course in the Institute from which such person migrated;
(f) all suits and other legal proceedings instituted or which could have been instituted by or against an existing
Institute, immediately before the commencement of this Act, shall be continued or instituted by or against the
corresponding Institute mentioned in column (5) of the Schedule.
6. Objects of Institute.—Every Institute shall have the following objectives, namely:—
(a) to emerge amongst the foremost institutions in information technology and allied fields of knowledge in
the global context;
(b) to advance new knowledge and innovation in information technology and allied fields to empower the
nation to the forefront in the global context;
(c) to develop competent and capable youth imbued with the spirit of innovation and entrepreneurship with
the social and environmental orientation to meet the knowledge needs of the country and provide global
leadership in information technology and allied fields;
(d) to promote and provide transparency of highest order in matters of admission, appointment to various
positions, academic evaluation, administration and finance.
7. Powers and functions of Institute.—(1) Subject to the provisions of this Act, every Institute shall
exercise the following powers and perform the following functions, namely:—
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(a) to provide instructions in such fields of knowledge relating to information technology and
allied areas as the Institute may deem fit, for the advancement of learning and dissemination of
knowledge;
(b) to lead, organise and conduct research and innovation in information technology and allied fields of
knowledge in such manner as the Institute may deem fit, including in collaboration or in association with any
other Institute, educational institution, research organisation, body corporate or financial organisations at
national or global level;
(c) to hold examinations and grant degrees, diplomas and other academic distinctions or titles and to confer
honorary degrees;
(d) to create academic, administrative, technical, ministerial and other posts under the Institute other than
the post of Director of the Institute and to make appointments thereto;
(e) to appoint persons working in any other Institute or educational institution or involved in research of
significance in any industry as adjunct, guest or visiting faculty of the Institute on such terms and for such
duration as the Institute may decide;
(f) to create administrative and other posts and to make appointments thereto on the basis of criteria as may
be decided by the Board;
(g) to make provision for dissemination of knowledge emerging from research and for that purpose to enter
into such arrangements, including consultancy and advisory services, with other institutions, industry, civil society
or other organisations, as the Institute may deem necessary;
(h) to create a website, highlight all information not restricted to those related to students, admission, fee,
administrative structure, policies including recruitment rules, faculty and non-faculty posts, annual reports and
financial details including statement of account of the Institute;
(i) to determine, specify and receive payment of fees and other charges, as the Institute may deem fit, from
students and any other person, institution or body corporate for instructions and other services, including
training, consultancy and advisory services, provided by the Institute;
(j) to deal with any property belonging to, or vested in, the Institute in such manner as the Institute may deem fit
for advancement of the objectives of the Institute:
Provided that no land or other immovable property shall be disposed of by the Institute without the prior
approval of the concerned State Government and the Central Government;
(k) to receive gifts, grants, donations or benefactions from the Government and to receive bequests,
donations and transfer of movable or immovable properties from testators, donors or transferors, as the case
may be;
(l) to co-operate with educational or other institutions in any part of the world having objects wholly or
partly similar to those of the Institute by exchange of teachers and scholars and generally in such manner as
may be conducive to their common objects;
(m) to establish and maintain such infrastructure as may be necessary, incidental or conducive to the
attainment of the objectives of the Institute;
(n)to institute and award fellowships, scholarships, exhibitions, prizes and medals; and
(o) to do all such things as may be necessary, incidental or conducive to the attainment of all or
any of the objectives of the Institute.
(2) Subject to the provisions of this Act, every Institute may take up the following works, namely:—
(a) supporting and collaborating with educational Institutes imparting technical or information
technology courses located in the zone or region;
(b) advising the State Governments and Union territory Administrations included in its zone in
matters of information technology and other technological issues referred by them to the Institute for
advice.
8. Institutes to be open to all races, creeds and classes.—(1) Every Institute shall be open to all
citizens irrespective of gender, caste, creed, disability, domicile, ethnicity, social or economic
background.
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(2) No bequest, donation or transfer of any property shall be accepted by any Institute which in the
opinion of the Co-ordination Forum involves conditions or obligations opposed to the spirit and object of
this section.
(3) Admissions to every programme of study in each Institute shall be based on merit assessed
through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement
of the process of admission by such Institute:
Provided that every such Institute shall be a Central Educational Institution for the purposes of the
Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007).
9. Teaching at Institute.—All teaching at each of the Institute shall be conducted by or in the name
of the Institute in accordance with the Statutes and Ordinances made in this behalf.
10. Institute to be a distinct legal entity not-for-profit. —(1) Every Institute shall be a not-for-profit
legal entity and no part of the surplus, if any, in revenue of such Institute, after meeting all expenditure in
regard to its operations under this Act, shall be invested for any purpose other than for the growth and
development of such Institute or for conducting research therein.
(2) Every Institute shall strive to raise funds for creation of a corpus for self-sufficiency, sustainability and
future development of the Institute.
11. Establishment of Institute by Central Government, State Government and industry
partners.—(1) The State Government shall identify at least one industry partner, and preferably three industry
partners, for collaboration and submit a proposal to the Central Government.
(2) The Central Government shall examine the proposal on the basis of such criteria, as may be
prescribed, which shall include the following, namely:—
(a) the investment of capital required for establishing the proposed Institute to be borne by the Central
Government, the concerned State Government and industry partners in the ratio 50:35:15 and recurring
expenditure, as may be considered necessary during the first five years of operation, to be made available by the
Central Government:
Provided that the ratio of investment of capital required for establishing the proposed Institute in North
Eastern States shall be 57.5:35:7.5;
(b) the expertise and standing of the industry partners proposed in sub-section (1) in the field of information
technology;
(c) the assessment of the capability, financial and other resources of industry partners to support the
Institute;
(d) the suitability of adequate land, to the extent of fifty to hundred acres, to be provided by the State
Government free of cost;
(e) the availability of, or the commitment of the State Government to make available, adequate physical
infrastructure namely, water, electricity, road connectivity and security, at the proposed site.
(3) The Central Government may, with the concurrence of the concerned State Government, suggest
modifications, if any, to the proposal submitted to it under sub-section (1).
(4) Where a proposal submitted by the State Government under sub-section (1) is not acceptable to the
Central Government, the Central Government shall communicate its decision to that State Government,
specifying the reasons for such decision.
(5) The Central Government shall, on acceptance of the proposal with modifications, if any, under subsection
(3), enter into a memorandum of understanding or an agreement with the concerned State
government and the industry partners for the establishment of the proposed Institute.
(6) The industry partner shall—
(a) actively participate in the governance of the Institute within the overall framework;
(b) support and facilitate joint research projects with the Indian Institutes of Information Technology
either through funding, collaboration or in any other manner;
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(c) depute experienced individuals as adjunct faculty;
(d) encourage, enable, support and mentor students to do research project as a part of their course
curriculum, within their enterprise;
(e) accept faculty members of the the Indian Institutes of Information Technology on a sabbatical
to work for short period with the industry;
(f) co-create programs as per the requirements of the industry with the Institution;
(g) provide internship to students from the the Indian Institutes of Information Technology;
(h) facilitate for placement of students from the Indian Institutes of Information Technology;
(i) sponsor their eligible employees for doctorate studies in the Indian Institutes of Information
Technology; and
(j) fund and mentor the startups in the Institution.
(7) Every memorandum of understanding or agreement referred to in sub-section (5) shall contain—
(a) the investment proposal of capital in establishment of the Institute and the respective shares as
may be prescribed;
(b) the first Statutes of the Institute;
(c) the commitment of the Central Government, the concerned State Government, and the industry
partner in ensuring autonomy to the proposed Institute; and
(d) the conditions, if the industry partners pulls out.
CHAPTER III
AUTHORITIES OF INDIAN INSTITUTES OF INFORMATION TECHNOLOGY
ESTABLISHED IN PUBLIC-PRIVATE PARTNERSHIP
12. Visitor.—(1) The President of India shall be the Visitor of every Institute.
(2) The Visitor may appoint one or more persons to review the work and progress of any Institute and
to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct.
(3) Upon receipt of any such report, the Visitor may take such action and issue such directions as he
considers necessary in respect of any of the matters dealt within the report and the Institute shall be bound to
comply with such directions within a reasonable time.
13. Authorities of Institute. —The following shall be the authorities of an Institute, namely:—
(a) Visitor;
(b) Board of Governors;
(c) Senate;
(d) Finance Committee;
(e) such other authorities or posts as may be declared by the Statutes to be the authorities of the Institute.
14. Board of Governors.—(1) The Board of Governors of each Institute shall be the principal policy making
and executive body of the Institute.
(2) The Board shall consist of the following members, namely:—
(a) Chairperson, an eminent technologist or industrialist or educationist to be nominated by the Visitor on
the recommendation of the Central Government;
(b) one nominee each of the Central Government and the concerned State Government;
(c) three eminent persons, of which at least one shall be a woman, appointed by the Board out of industry,
research laboratories, and civil society, one from each category;
(d) two eminent academicians appointed by the Board;
(e) one nominee representing each of the industry partners:
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Provided that if there are more than two industry partners then the number of representatives of industry
partners at any time would be limited to two, chosen amongst themselves by rotation every two years;
(f) Director of an Indian Institute of Technology or a National Institute of Technology located in the region,
to be nominated by the Board;
(g) two members from the faculty of the Institute, preferably one Professor and one Associate/Assistant
Professor, to be nominated by the Senate;
(h) one person from the Scheduled Castes or the Scheduled Tribes distinguished in the field of education or
industry or social service or public service, to be nominated by the Board, in case any of the above do not belong to
the Scheduled Castes or the Scheduled Tribes; and
(i) Director of the Institute, ex officio.
(3) Registrar of the concerned Institute shall be the ex officio non-member Secretary of the Board.
(4) The First Board of Governors shall be notified by the Central Government by obtaining nominations under subsection
(2), other than the members referred to in clauses (c), (d), (f) and (h), which shall be decided in the first meeting
of the Board of Governors.
15. Term of office of vacancies among and allowances payable to, members of Board.—(1) Save
as otherwise provided in this section, the term of office of the Chairperson or any other member of the
Board, other than an ex officio member, shall be for a period of three years from the date of nomination.
(2) The term of office of an ex officio member shall continue so long as the member holds the office by virtue of
which he is a member.
(3) A member of the Board, other than an ex officio member, who fails to attend three consecutive meetings of
the Board without the leave of absence, shall cease to be a member of the Board.
(4) One-third of the members of the Board shall form a quorum of the Board, provided at least three members
are from members referred to in clauses other than clauses (e), (g) and (i) of sub-section (2) of section 14.
(5) The members of the Board shall be entitled to such allowances, as may be laid down in Statutes, for attending
meetings of the Board or as may be convened by the Institute.
16. Resignation of Chairperson.—(1) The Chairperson may, by writing under his hand addressed to
the Visitor, resign his office.
(2) Any member of the Board, except ex officio members, may, by writing under his hand addressed to the
Chairperson, resign his office.
17. Powers and functions of Board. — (1) Subject to the provisions of this Act, the Board shall be
responsible for the general policy making, superintendence, providing direction and shall have the power
to frame, amend, modify or rescind the Statutes and the Ordinances governing the affairs of the Institute
to achieve the objectives specified in section 6.
(2) Without prejudice to the provisions of sub-section (1), the Board shall have the following powers,
namely:—
(a) to decide questions of policy relating to the Institute;
(b) to establish departments, faculties or schools of studies and initiate programmes or courses of
study at the Institute;
(c) to examine and approve the annual budget estimates of the Institute;
(d) to examine and approve the plan for development of the Institute and to identify sources of
finance for implementation of the plan;
(e) to create teaching, academic, administrative, technical and other posts and to make
appointments thereto;
(f) to provide by the Statutes, the qualifications, criteria and processes for appointment to teaching
and other posts in the Institute;
(g) to approve fees and other charges payable for pursuit of studies, courses or programmes in the
Institute;
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(h) to make Statutes, subject to provisions of section 32, governing the administration,
management and operations of such Institute;
(i) to grant degrees, diplomas and other academic distinctions or titles, and to institute and award
fellowships, scholarships, prizes and medals; and
(j) to exercise such other powers and perform such other duties as may be conferred or imposed
by this Act or the Statutes.
(3) The Board may, subject to the provisions of this Act and the Statutes, delegate such powers and
functions to the Senate or the Director, as the Board may deem fit.
(4) The Board shall put in place policies to make the Institute self-sustaining within a period of five
years.
(5) The Board shall periodically conduct a review of the performance of the Director with specific
reference to the leadership in the achievement of the objectives of the Institute.
(6) The Board shall in exercise of the powers and discharge of functions strive to provide autonomy
in academic matters to the Senate and departments of faculties or schools, as the case may be.
(7) Wherein the opinion of the Director or the Chairperson, the situation is so emergent that an
immediate decision needs to be taken in the interest of the Institute, the Chairperson, in consultation with
the Director, may issue such orders as may be necessary, recording in writing the grounds for the opinion:
Provided that such orders shall be submitted for ratification of the Board in the next meeting.
18. Senate. — (1) The Senate of every Institute shall consist of the following persons, namely:—
(a) the Director of the Institute who shall be the ex officio Chairperson of the Senate;
(b) all Deans, ex officio;
(c) heads of all departments, faculties or schools, ex officio, as the case may be, of the Institute;
(d) all full-time professors other than the Deans or heads of the Departments;
(e) three persons from amongst educationists of repute or persons from another field related to the activities
of the Institute who are not in service of the Institute, nominated by the Board;
(f) three persons who are not members of teaching staff co-opted by the Senate for their specialised
knowledge; and
(g) Registrar of the Institute, ex officio Secretary.
(2) The term of office of members nominated under clauses (e) and (f) shall be for a period of two years from
the date of nomination.
(3) The term of office of an ex officio member shall continue so long as the member holds the office by virtue of
which he is a member.
19. Powers and functions of Senate. — (1) Subject to the provisions of this Act, the Statutes and the
Ordinances, the Senate shall be the principal academic body of the Institute and shall have the power to
enact, amend or modify the Ordinances governing academic matters and the affairs and well-being of
students.
(2) Without prejudice to the provisions of sub-section (1), the Senate shall have the following powers,
namely:—
(a) to specify the criteria and procedure for admission to courses or programmes of study offered by the
Institute;
(b) to recommend to the Board creation of teaching and other academic posts, determination of the number
and emoluments of such posts and defining the duties and conditions of service of teachers and other academic
posts;
(c) to recommend to the Board about starting of new programmes or courses of study;
(e) to specify the broad academic content of programmes and courses of study and undertake modifications
therein;
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(f) to specify the academic calendar and approve grant of degrees, diplomas and other academic distinctions
or titles;
(g) to appoint examiners, moderators, tabulators and such other personnel for different examinations;
(h) to recognise diplomas and degrees of Universities and other Institutes and to determine equivalence
with the diplomas and degrees of the Institute;
(i) to suggest measures for departmental co-ordination;
(i) to make major recommendations to the Board of Governors on—
(a) measures for improvement of standard of teaching, training and research;
(b) institution of chairs, fellowships, scholarships, studentships, free-ships, medals and prizes and other
related matters;
(c) establishment or abolition of departments or centres; and
(d) academic functioning of the Institute, discipline, residence, admissions, examinations, award of
fellowships and studentships, freeships, concessions, attendance and other related matters;
(j) to appoint sub-committees to advise on such specific matters as may be referred to by the Board or
by itself;
(k) to consider the recommendations of the sub-committees and to take such action including making
of recommendations to the Board as may be required;
(l) to take periodical review of the activities of the departments or centres and to take appropriate action
including making of recommendations to the Board with a view to maintain and improve the standards of
instructions, in the institutions; and
(m) to exercise such other powers and discharge such other functions as may be assigned to it, by
Statutes or otherwise, by the Board.
20. Finance Committee.—(1) The Finance Committee of each Institute shall consist of the following
persons, namely:—
(a) the Chairperson of the Board shall be the ex officio Chairperson of the Committee;
(b) one representative of the Government of India, Ministry of Human Resource Development, Department of
Higher Education handling the matters relating to finance, ex officio;
(c) one representative of the State Government in which the Institute is located, ex officio;
(d) one representative of the industry partners chosen from amongst themselves;
(e) the Director, ex officio; and
(f) the officer in-charge of finance and accounts of the Institute, ex officio Secretary.
(2) The members of the Finance Committee other than ex officio members shall hold office for a term of
three years.
21. Powers and functions of Finance Committee. — The Finance Committee shall examine the
accounts, scrutinise proposals for expenditure and financial estimates of the Institute and thereafter submit
it to the Board together with its comments for approval.
22. Meetings.—(1) The Chairperson shall ordinarily preside over the meetings of the Board, Finance
Committee and at the convocations of the Institute.
(2) It shall be the duty of the Chairperson to ensure that the decisions taken by the Board are implemented.
(3) The Chairperson shall exercise such other powers and perform such other duties as may be assigned to him
by this Act or the Statutes.
23. Director.—(1) The Director shall be the principal executive officer of the Institute and shall be
responsible for implementation of the decisions of the Board and Senate and for day-to-day
administration of the Institute.
(2) The Director shall be appointed by the Visitor, on such terms and conditions of service as may be laid
down by the Statutes.
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(3) The Director shall be appointed out of the panel of names recommended by a search-cum-selection
committee consisting of—
(a) Chairperson of the Board, who shall be the Chairperson of the search-cum-selection committee;
(b) two members, nominated by the Board, from amongst eminent administrators, industrialists, educationists,
scientists, technocrats and management specialists;
(c) nominee of the State Government in which the Institute is located;
(d) nominee of one of the industry partners by rotation;
(e) head of the Bureau, Ministry of Human Resource Development dealing with Indian Institutes of
Information Technology—Member Secretary, ex officio;
(4) The Director shall exercise the powers and perform the duties as may be assigned under this Act or the Statutes
or Ordinances, or as may be delegated by the Board.
(5) The Director shall, except on account of resignation or removal, hold office for a period of five years from
the date of assumption of charge as Director.
(6) The Director may, by writing under his hand addressed to the Chairperson, resign his office.
(7) The Visitor may remove from office the Director, who —
(a) has been adjudged as insolvent; or
(b) has been convicted of an offence which, in the opinion of the Visitor, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Director; or
(d) has acquired such financial or other interest as is likely to affect prejudicially the functions as a
Director; or
(e) has so abused the position or so conducted as to render the continuance in office prejudicial to the
public interest:
Provided that the Director shall not be removed from office except by an order made by the Visitor, after an
enquiry instituted by the Board, in which the Director has been informed of the charges and given a reasonable
opportunity of being heard in respect of those charges.
(8) The Board shall initiate the process of appointment in respect of any vacancy due to arise for the post of
Director on completion of tenure before a period of six months from the date of arising of such vacancy and that the
process of appointment shall be completed before such vacancy arises.
(9) Where the post of Director falls vacant on account of any reason other than completion of tenure, the
process of appointment shall be initiated by the Board within one month of such vacancy and process shall be
completed as early as possible.
24. Registrar. — (1) The Registrar of every Institute shall be appointed on such terms and conditions as may
be laid down by the Statutes.
(2) The Registrar shall exercise such powers and perform such duties as may be assigned to him by the Statutes
or by the Director.
(3)The Registrar shall be responsible to the Director for the proper discharge of his functions.
25. Review of Performance of Institute — (1) The Institute shall, within five years from the date of
establishment and incorporation under this Act and thereafter at the expiration of every fifth year, constitute, with
the prior approval of the Board, a review committee or shall appoint an agency as a third party to evaluate the
performance of the Institute and its achievements with respect to its objectives during the said period.
(2) The review committee constituted under sub-section (1) shall consist of members of repute in academia or
industry, from relevant fields of teaching, learning and research in such Institute.
(3) The third party agency appointed under sub-section (1) shall have past experience of conducting such
evaluations.
(4) The review committee or the third party agency, as the case may be, shall assess the performance of Institute
and shall submit its report with recommendations on—
12
(a) the extent of fulfilment of the objects of the Institute mentioned in section 6, as demonstrated by the
state of teaching, learning and research, and its contribution to the society;
(b) the promotion of transformational research and its impact on industry and society;
(c) the advancement of fundamental research beyond the current frontiers of knowledge;
(d) the establishment of the Institute as amongst the global leaders in the area of information technology;
(e) such other parameters as the Board may consider necessary and specify.
(5) The Board shall place the report of the review committee or the third party agency in the public domain and
on its website and consider the recommendations referred to in sub-section (3) and take such action as it may deem
fit:
Provided that the recommendations of the review committee or the third party agency along with an explanatory
memorandum on the action taken or proposed to be taken, specifying the reasons thereof, shall be submitted to the
Central Government.
CHAPTER IV
ACCOUNTS AND AUDIT
26. Grants by Central Government and State Governments. — (1) For the purposes of enabling the
Institute to discharge their functions efficiently under this Act, the Central Government and the State
Government may, after due appropriation made by the Parliament and the concerned State Legislature, as
the case may be, by law in this behalf, pay to each Institute in every financial year such sums of money in
such manner as is required to fulfil their obligations under section 11.
(2) The Central Government and the concerned State Government shall provide to each Institute,
grants of such sums of money as are required to meet the expenditure on scholarships or fellowships
instituted by it, including scholarships or fellowships for students from socially and educationally
backward classes of citizens enrolled in such Institute.
27. Fund of Institute.—(1) Every Institute shall maintain a Fund to which shall be credited—
(a) all monies provided by the Central Government or the State Government or industry partner,
as the case may be;
(b) all fees and other charges received by the Institute from students;
(c) all monies received by the Institute by way of grants, gifts, donations, benefactions, bequests
or transfers;
(d) all monies received by the Institute from utilisation of intellectual property arising from
research conducted or provision of advisory or consultancy services by it; and
(e) all monies received by the Institute in any other manner or from any other source.
(2) The Fund of every Institute shall be applied towards meeting the expenses of the Institute
including expenses incurred in the exercise of its powers and discharge of its duties under this Act,
furtherance of research in the Institute or in collaboration with other educational institutions or industry
and for capital investment aimed at the growth and development of the Institute.
(3) All monies credited to the Fund of every Institute shall be deposited in such banks or invested in
such manner as the Institute may, with approval of the Board, decide.
(4) Each Institute shall create a corpus fund for long term sustainability of the Institute, to which shall
be credited such per cent. of the net income of the Institute and donations made specifically towards such
corpus fund as the Central Government may, in accordance with the provisions of the Income-tax Act,
1961,(43 of 1961) notify:
Provided that the Board may also create endowment funds for specific purpose to which donations
may be specifically made.
28. Accounts and audit.—(1) Every Institute shall maintain proper accounts and other relevant
records and prepare annual statement of accounts including the balance sheet in such form and accounting
13
standard as may be specified by notification, by the Central Government in consultation with the
Comptroller and Auditor-General of India.
(2) Where the statement of income and expenditure and the balance sheet of the Institute do not
comply with the accounting standards, the Institute shall disclose in its statement of income and
expenditure and balance sheet, the following, namely:—
(a) the deviation from the accounting standards;
(b) the reasons for such deviation; and
(c) the financial effect, if any, arising out due to such deviation.
(3) The accounts of every Institute shall be audited by the Comptroller and Auditor-General of India or
any other person in accordance with the provisions of the extant rules and any expenditure incurred by audit
team in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General
of India or such person.
(4) The Comptroller and Auditor-General of India and any person appointed in connection with the audit
of the accounts of any Institute shall have the same rights, privileges and authority in connection with such
audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government
accounts and, in particular shall have the rights to demand the production of books, accounts, connected
vouchers and other documents and papers and to inspect the offices of the Institute.
(5) The accounts of every Institute as certified by the Comptroller and Auditor-General of India or
any other person appointed in this behalf together with the audit report thereon shall be forwarded
annually to the Central Government.
29. Pension and provident fund.—Every Institute may constitute for the benefit of its employees
such provident or pension fund or provide such insurance scheme as it may deem fit in such manner and
subject to such conditions as may be laid down by the Statutes.
30. Appointments.—All appointments of the staff of every Institute, except that of the Director, shall
be made in accordance with the procedure laid down in the Statutes.
31. Statues.—Subject to the provisions of this Act, the Statutes may provide for all or any of the
following matters, namely:—
(a) the formation of departments of teaching;
(b) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(c) the terms of office and the method of appointment of officers of the Institute;
(d) the qualifications of teachers of the Institute;
(e) the classification, method of appointment and the determination of the terms and conditions of
service of teachers and other staff of the Institute;
(f) the constitution of pension, insurance and provident funds for the benefit of the officers,
teachers and other staff of the Institute as per the provisions existing from time to time;
(g) the constitution, powers and duties of the authorities of the Institute;
(h) the establishment and maintenance of halls and hostels;
(i) the conditions of residence of students of the Institute and the levying of fees for residence in
the halls and hostels and of other charges;
(j) the allowances to be paid to the Chairperson and members of the Board;
(k) the authentication of the orders and decisions of the Board;
(l) the meetings of the Board, the Senate, or any committee, the quorum at such meetings and the
procedure to be followed in the conduct of their business; and
(m) any other matter as may be considered necessary for the efficient functioning of the Institute.
14
32. Statues how to be made.—(1) The first Statute of each Institute shall be framed by the Board
with the prior approval of the Visitor.
(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the
Statutes.
33. Ordinance.—Subject to the provisions of this Act and the Statutes, the Ordinances of every
Institute may provide for all or any of the following matters, namely:—
(a) the admission of the students to the Institute;
(b) the courses of study to be laid down for all degrees and diplomas of the Institute;
(c) the conditions under which students shall be admitted to the degree or diploma courses and to
the examinations of the Institute, and shall be eligible for degrees and diplomas;
(d) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes;
(e) the conditions and mode of appointment and duties of examining bodies, examiners and
moderators;
(f) the conduct of examinations;
(g) the maintenance of discipline among the students of the Institute; and
(h) any other matter which by this Act or the Statutes is to be or may be provided for by the
Ordinances.
34. Ordinance how to be made.—(1) Save as otherwise provided in this section, Ordinances shall be
made by the Senate.
(2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every
Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the
Board at its next meeting.
(3) The Board shall have power by resolution to modify or cancel any such Ordinance and such
Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may
be.
35. Tribunal of Arbitration.—(1) (a) Any dispute arising out of a contract between an Institute and any
of its employees shall, at the request of the employee concerned or at the instance of the Institute, be referred
to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by
the employee, and an umpire appointed by the Visitor.
(b) The decision of the Tribunal shall be final and shall not be questioned in any court.
(c) No suit or proceeding shall lie in any court in respect of any matter, which is required by subsection
(1) to be referred to the Tribunal of Arbitration.
(d) The Tribunal of Arbitration shall have power to regulate its own procedure:
Provided that the Tribunal shall have regard to the principles of natural justice while making such
procedure.
(e) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations
under this section.
(2) Any student or candidate for an examination whose name has been removed from the rolls of the
Institute by the orders or resolution of the Director of the Institute and who has been debarred from
appearing at the examinations of the Institute for more than one year, may within ten days of the date of
receipt of such resolution by him, appeal to the Board who may confirm, modify or reverse the decision
of the Director.
(3) Any dispute arising out of any disciplinary action taken by the Institute against a student shall, at
the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-section (1)
shall, as far as may be, apply to a reference made under this sub-section.
15
(4) Every employee or student of the Institute, notwithstanding anything contained in this Act, have a
right to appeal within such time as may be laid down by the Statutes, to the Board of Governors against
the decision of any officer or authority of the Institute, as the case may be, and thereupon the Board may
confirm, modify or reverse the decision appealed against.
36. Annual report of Director.—(1) There shall be attached to every statement of accounts laid
before the Board of each Institute, a report by its Director, with respect to—
(a) the state of affairs of such Institute;
(b) the amount, if any, which it proposes to carry forward to any surplus reserves in its balance
sheet;
(c) the extent to which understatement or overstatement of any surplus of income over expenditure or
any shortfall of expenditure over income has been indicated in the auditor's report and the reasons for such
understatement or overstatement;
(d) the productivity of research projects undertaken by the Institute measured in accordance with
such norms as may be specified by any statutory regulatory authority;
(e) appointments of the officers and teachers of the Institute;
(f) benchmark and internal standards set by the Institute, including the nature of innovations in
teaching, research and application of knowledge.
37. Annual report of each Institute.—(1) The annual report of each Institute shall be prepared under
the direction of the Board, which shall include, among other matters, the steps taken by the Institute
towards the fulfilment of its objects and an outcome based assessment of the research being undertaken in
such Institute, and be submitted to the Board on or before such date as may be specified and the Board
shall consider the report in its annual meeting.
(2) The annual report as approved by the Board shall be published and placed on the website of the
Institute.
(3) The Board shall prepare and release for every year a report, in English and in Hindi, the working
of the Institute in the previous year on or before the expiry of nine months from the close of financial
year, and a copy of the same, together with an audited statement of accounts showing the income and
expenditure for the previous year shall be submitted to the Central Government and the concerned State
Government within that stipulated time, and the same may be caused to be laid before each House of
Parliament and the concerned State Legislature.
CHAPTER V
CO-ORDINATION FORUM
38. Co-ordination Forum.—(1) In order that there may be better co-ordination among the Institutes,
the Central Government may, by notification in the Official Gazette, establish, with effect from such date
as may be specified in the notification, a central body to be called the Co-ordination Forum for all the
Institutes specified in column (5) of the Schedule.
(2) The Co-ordination Forum shall consist of the following members, namely:—
(i) the Minister in-charge of the Ministry or Department of the Central Government having
administrative control of technical education, ex officio, as Chairperson;
(ii) Secretary to the Government of India, in-charge of the Department of the Central Government
having administrative control of technical education, ex officio;
(iii) four Secretaries in-charge of department looking after Indian Institutes of Information
Technology of State Governments in which the Institutes are located, to be nominated by the
Chairperson of the Co-ordination Forum, by rotation for two years, ex officio;
(iv) four Chairpersons of the Institutes, to be nominated by the Chairperson of the Co-ordination
Forum, by rotation for two years;
16
(v) the Directors of each of the Institutes, ex officio;
(vi) four industry partners, to be nominated by the Chairperson of the Co-ordination Forum, not
more than one from any Institute, by rotation every two years;
(vii) three persons of eminence, of which at least one shall be a woman, in academia, industry or
public service, to be nominated by the Co-ordination Forum; and
(vii) one representative of All India Council of Technical Education:
Provided that while nominating under clauses (iii), (iv) and (vi), care shall be taken to ensure
representation of as many Institutes as possible by selecting Secretaries of State Governments,
Chairpersons of the Institutes, and representatives of industry partners from the Board of different
Institutes to the extent possible.
(3) An officer of the Department of Higher Education, Government of India, not below the rank of
Joint Secretary, concerned with technical education, ex officio, to act as the Member-Secretary of the Coordination
Forum.
(4) The Co-ordination Forum may, at its discretion, constitute a Standing Committee of the Indian
Institute of Information Technology Co-ordination Forum (Public-private Partnership) to assist the Coordination
Forum in discharge of its duties and responsibilities.
(5) The expenditure on the Co-ordination Forum shall be met by the resources pooled by all the
Institutes governed by this Act.
39. Term of office and allowances payable to members of Co-ordination Forum.—(1) The term
of office of a member referred to in clause (viii) of sub-section (2) of section 38 shall be three years from
the date of nomination.
(2) The term of office of an ex officio member shall continue so long as the member holds the office
by virtue of which he is a member.
(3) While nominating members to the Co-ordination Forum under clauses (iii), (iv) and (vi) of sub-section
(2) of section 38, the Chairperson of the Co-ordination Forum shall, to the extent possible, ensure maximum
possible representation from each Institute.
(4) The members of the Co-ordination Forum shall be entitled to travelling and such other allowances,
as may be prescribed, for attending meetings of the Co-ordination Forum or its Committees thereof.
40. Function and duties of Co-ordination Forum.—(1) The Co-ordination Forum shall facilitate
the sharing of experience, ideas and concerns with a view to enhancing the performance of all the
Institutes.
(2) Without prejudice to the provisions of sub-section (1), the Co-ordination Forum shall perform the
following functions, namely:—
(a) advise the Central Government to include a new institution or exclude an existing institution
from the Schedule;
(b) deliberate on such matters of common interest to Institutes as may be referred to it by any
Institute;
(c) promote necessary co-ordination and co-operation in the working of the Institutes;
(d) recommend to the Central Government, the institution of scholarships including for research
and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes and other
socially and educationally backward classes of citizens; and
(e) perform such other functions as may be referred to it by the Central Government or any State
Government:
Provided that nothing in this section shall derogate the powers and functions vested by law in the
Board or Senate or other authorities of each Institute.
17
(3) The Chairperson of the Co-ordination Forum shall ordinarily preside at the meetings of the Coordination
Forum and in the absence, the Secretary to the Government of India, in-charge of the Department
of the Central Government having administrative control of technical education, shall preside at the meeting.
(4) The Co-ordination Forum shall meet at least once in every year, or as and when deemed
necessary by the Chairperson of the Co-ordination Forum, and follow such procedure in its meetings, as
may be prescribed.
CHAPTER VI
MISCELLANEOUS
41. Power to make rules.—(1) The Central Government may, after previous publication, by
notification make rules for carrying out the provisions 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 form and manner in which the State Government shall submit proposal to the Central
Government under sub-section (2) of section 11;
(b) the investment proposal of capital in establishment of the Institute and the respective shares
under sub-section (7) of section 11;
(c) the travelling and other allowances payable to members of the Co-ordination Forum under
sub-section (4) of section 39;
(d) the procedure to be followed in the meetings of the Co-ordination Forum under sub-section
(4) of section 40.
42. Acts and proceedings not to be invalidated by vacancies, etc.—No act of the Co-ordination
Forum, or any Institute or Board or Senate or any other body set up under this Act or the Statutes, shall be
invalid merely by reason of—
(a) any vacancy or defect in the constitution thereof; or
(b) any irregularity in its procedure not affecting the merits of the case; or
(c) any defect in the selection, nomination or appointment of a person acting as a member thereof.
43. Returns and information to be provided to Central Government or State Government.—(1)
The Institute shall furnish to the Central Government such returns or other information with respect to its
policies or activities as the Central Government may, for the purpose of reporting to Parliament or for the
making of policy, from time to time require.
(2) The Institute, shall furnish to the State Government in which such Institute is located, such returns
or other information with respect to its policies or activities as that Government may, for the purpose of
reporting to the concerned State Legislature or for the making of policy, from time to time require.
44. Power of Central Government to issue directions.—The Institute shall carry out such directions
as may be issued to it from time to time by the Central Government for the efficient administration of this
Act.
45. Institute to be public authority under Right to Information Act.—The provisions of the Right
to Information Act, 2005 shall apply to each Institute, as if it were a public authority defined in clause (h)
of section 2 of the Right to Information Act, 2005.
46. Transitional provisions.—Notwithstanding anything contained in this Act—
(1) (a) the Board of every Institute functioning as such immediately before the commencement of
this Act shall continue to function until a new Board is constituted for that Institute under this Act, but
on the constitution of a new Board under this Act, the members of the Board holding office before such
commencement of this Act shall cease to hold office;
(b) every Senate constituted in relation to every Institute before the commencement of this Act shall
be deemed to be the Senate constituted under this Act until a Senate is constituted under this Act for that
Institute, but on the constitution of the new Senate under this Act, the members of the Senate holding
office before the commencement of this Act shall cease to hold office;
18
(c) rules, bye-laws and Ordinances of each existing Institute as in force, immediately, before the
commencement of this Act, shall continue to apply in the corresponding institute in so far as they are
not inconsistent with the provisions of this Act, until the first Statutes and Ordinances are made under
this Act;
(d) in case there are no such rules, bye-laws or Ordinances, the Statutes, Ordinances, rules and
regulations of one of the existing centrally funded Indian Institutes of Information Technology as
adopted by the Board of the concerned Institute, shall apply to the Institute in so far as they are not
provisions of the Act until the first Statutes and the Ordinances are made under this Act.
(2) The Central Government may, without prejudice to the provisions of sub-section (1), if it
considers necessary and expedient to do so, by notification, take such measures which may be necessary
for the transfer of the existing Institute to the corresponding Institute mentioned under column (5) of the
Schedule.
47. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, by order published in the Official Gazette, make such provisions or give
such directions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient
for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of the period of three
years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
48. Laying to rules, Statutes, Ordinances and notification.—Every rule, Statute, Ordinance made, and
every notification issued, by the Central Government under this Act, shall be laid, as soon as may be after it is
made or issued, 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, Statute, Ordinance or notification or both Houses agree that the rule, Statute,
Ordinance or notification should not be made or issued, the rule, Statute, Ordinance or notification 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, Statute, Ordinance or notification.
19
THE SCHEDULE
[See section 4(1)]
Sl. No. Name of the State Name of the existing institute Location Name of Institute
Incorporated under this
Act
(1) (2) (3) (4) (5)
1. Andhra Pradesh Indian Institute of Information
Technology, Sri City Chittoor,
being a society registered under the
Societies Registration Act, 1860 (21
of 1860)
Indian
Institute of
Information
Technology,
Sri City,
Chittoor
Indian Institute of
Information Technology,
Sri City, Chittoor.
2. Assam Indian Institute of Information
Technology, Guwahati, being a
society registered under the
Societies Registration Act, 1860 (21
of 1860)
Indian Institute of
Information
Technology,
Guwahati
Indian Institute of
Information Technology,
Guwahati.
3. Gujarat Indian Institute of Information
Technology, Vadodara, being a
society registered under the
Societies Registration Act, 1860 (21
of 1860)
Indian Institute of
Information
Technology,
Vadodara
Indian Institute of
Information Technology,
Vadodara.
4. Haryana Indian Institute of Information
Technology,
Sonepat, being a society registered
under
the Societies Registration Act, 1860 (21
of 1860)
Indian Institute of
Information
Technology,
Sonepat
Indian Institute of
Information Technology,
Sonepat.
5. Himachal
Pradesh
Indian Institute of Information
Technology, Una, being a society
registered under the Societies
Registration Act, 1860 (21 of 1860)
Indian Institute of
Information
Technology, Una
Indian Institute of
Information Technology,
Una.
6. Jharkhand Indian Institute of Information
Technology, Ranchi, being a society
registered under the Societies
Registration Act, 1860 (21 of 1860)
Indian Institute of
Information
Technology,
Ranchi
Indian Institute of
Information Technology,
Ranchi.
7. Karnataka Indian Institute of Information
Technology,
Dharwad, being a society registered
under
the Societies Registration Act, 1860 (21
of 1860)
Indian Institute of
Information
Technology,
Dharwad
Indian Institute of
Information Technology,
Dharwad.
8. Kerala Indian Institute of Information
Technology, Kottayam, being a
society registered under the Societies
Registration Act, 1860 (21 of 1860)
Indian Institute of
Information
Technology,
Kottayam
Indian Institute of
Information Technology,
Kottayam.
9. Maharashtra Indian Institute of Information
Technology, Nagpur, being a society
registered under the Societies
Registration Act, 1860 (21 of 1860)
Indian Institute of
Information
Technology,
Nagpur
Indian Institute of
Information Technology,
Nagpur.
10. Maharashtra Indian Institute of Information
Technology, Pune, being a society
registered under the Societies
Registration Act, 1860 (21 of 1860)
Indian Institute of
Information
Technology, Pune
Indian Institute of
Information Technology,
Pune.
11. Manipur Indian Institute of Information
Technology, Senapati, being a
society registered under the
Societies Registration Act, 1860 (21
of 1860)
Indian Institute of
Information
Technology,
Senapati
Indian Institute of
Information Technology,
Senapati.
20
Sl. No. Name of the State Name of the existing institute Location Name of Institute
Incorporated under this
Act
(1) (2) (3) (4) (5)
12. Rajasthan Indian Institute of Information
Technology, Kota, being a society
registered under the Societies
Registration Act, 1860 (21 of 1860)
Indian Institute of
Information
Technology, Kota
Indian Institute of
Information Technology,
Kota.
13. Tamil Nadu Indian Institute of Information
Technology, Tiruchirapalli, being a
society registered under the
Societies Registration Act, 1860 (21
of 1860)
Indian Institute of
Information
Technology,
Srirangam,
Tiruchirapalli
Indian Institute of
Information Technology,
Tiruchirapalli.
14. Uttar Pradesh Indian Institute of Information
Technology,
Lucknow, being a society registered
under
the Societies Registration Act, 1860 (21
of 1860)
Indian Institute of
Information
Technology,
Lucknow
Indian Institute of
Information Technology,
Lucknow.
15. West Bengal Indian Institute of Information
Technology, Kalyani, being a society
registered under the Societies
Registration Act, 1860 (21 of 1860)
Indian Institute of
Information
Technology,
Kalyani
Indian Institute of
Information
Technology, Kalyani.

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

1
THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
________
ARRANGEMENT OF SECTIONS
________
PREAMBLE
PRELIMINARY
SECTIONS
1. Short title.
Extent.
2. [Repealed.]
3. Interpretation-clause.
PART I
THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED
4. Marriages to be solemnized according to Act.
5. Persons by whom marriages may be solemnized.
6. Grant and revocation of licenses to solemnize marriages.
7. Marriage Registrars.
Senior Marriage Registrar.
Magistrate when to be marriage Registrar.
8. [Omitted.]
9. Licensing of persons to grant certificates of marriage between Indian Christians.
PART II
TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED
10. Time for solemnizing marriage.
Exceptions.
11. Place for solemnizing marriage.
Fee for special license.
PART III
MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT
12. Notice of intended marriage.
13. Publication of such notice.
Return or transfer of notice.
14. Notice of intended marriage in private dwelling.
15. Sending copy of notice to Marriage Registrar when one party is a minor.
16. Procedure on receipt of notice.
17. Issue of certificate of notice given and declaration made.
Proviso.
18. Declaration before issue of certificate.
19. Consent of father, or guardian, or mother.
20. Power to prohibit by notice issue of certificate.
21. Procedure on receipt of notice.
22. Issue of certificate in case of minority.
23. Issue of certificates to Indian Christians.
2
SECTIONS
24. Form of certificate.
25. Solemnization of marriage.
26. Certificate void if marriage not solemnized within two months.
PART IV
REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION
27. Marriages when to be registered.
28. Registration of marriages solemnized by Clergymen of Church of England.
29. Quarterly returns to Archdeaconry.
Contents of returns.
30. Registration and returns of marriages solemnized by Clergymen of Church of Rome.
31. Registration and returns of marriages solemnized by Clergymen of Church of Scotland.
32. Certain marriages to be registered in duplicate.
33. Entries of such marriages to be signed and attested.
34. Certificate to be forwarded to Marriages Registrar, copied and sent to Registrar General.
35. Copies of certificates to be entered and numbered.
36. Registrar to add number of entry to certificate, and send to Registrar General.
37. Registration of marriages between Indian Christians, by persons referred to in clauses (1), (2) and
(3) of section 5.
Custody and disposal of register-book.
PART V
MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR
38. Notice of intended marriage before Marriage Registrar.
39. Publication of notice.
40. Notice to be filed and copy entered in Marriage Notice Book.
41. Certificate of notice given and oath made.
Proviso.
42. Oath before issue of certificate.
43. Petition to High Court to order certificate in less than fourteen days.
Order on petition.
44. Consent of father or guardian.
Protest against issue of certificate.
Effect of protest.
45. Petition where person whose consent is necessary is insane, or unjustly withholds consent.
Procedure on petition.
46. Petition when Marriage Registrar refuses certificate.
Procedure on petition.
47. [Omitted.]
48. Petition when Registrar doubts authority of person forbidding.
Procedure on petition.
49. Liability for frivolous protest against issue of certificate.
50. Form of certificate.
51. Solemnization of marriage after issue of certificate.
52. When marriage not had within two months after notice, new notice required.
53. Marriage Registrar may ask for particulars to be registered.
54. Registration of marriages solemnized under part V.
3
SECTIONS
55. Certificates to be sent monthly to Registrar General.
Custody of register-book.
56. [Omitted.]
57. Registrars to ascertain that notice and certificate are understood by Indian Christians.
58. Indian Christians to be made to understand declarations.
59. Registration of marriages between Indian Christians.
PART VI
MARRIAGE OF INDIAN CHRISTIANS
60. On what conditions marriages of Indian Christians may be certified.
61. Grant of certificate.
62. Keeping of register-book and deposit of extracts therefrom with Registrar General.
63. Searches in register-book and copies of entries.
64. Books in which marriages Indian Christians under Part I or Part III are registered.
65. Part VI not to apply to Roman Catholics.
Saving of certain marriages.
PART VII
PENALTIES
66. False oath, declaration, notice or certificate for procuring marriage.
67. Forbidding, by false personation issue of certificate by Marriage Registrar.
68. Solemnizing marriage without due authority.
69. Solemnizing marriage out of proper time, or without witnesses.
Saving of marriages solemnized under special licence.
70. Solemnizing without notice or within fourteen days after notice, marriage with minor.
71. Issuing certificate, or marrying, without publication of notice;
Marrying after expiry of notice;
Solemnizing, marriage with minor within fourteen days, without authority of Court, or without
sending copy of notice;
issuing certificate against authorized prohibition;
72. Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or
against authorized prohibition.
73. Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or
Rome);
issuing certificate, or marrying, without publishing notice, or after expiry of
certificate;
issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice;
issuing certificate authorizedly forbidden;
solemnizing marriage authorizedly forbidden;
74. Unlicensed person granting certificate pretending to be licensed.
75. Destroying or falsifying register-books.
76. Limitation of prosecutions under Act.
PART VIII
MISCELLANEOUS
77. What matters need not be proved in respect of marriage in accordance with Act.
78. Corrections of errors.
79. Searches and copies of entries.
4
SECTIONS
80. Certified copy of entry in marriage register, etc., to be evidence.
81. Certificates of certain marriages to be sent to Central Government.
82. State Government to prescribe fees.
83. Power to make rules.
84. [Omitted.]
85. Power to declare who shall be District Judge.
86. [Omitted.]
87. Saving of Consular marriages.
88. Non-validation of marriages within prohibited degrees.
SCHEDULE I.—NOTICE OF MARRIAGE.
SCHEDULE II.—CERTIFICATE OF RECEIPT OF NOTICE.
SCHEDULE III.—FORM OR REGISTER OF MARRIAGES.
SCHEDULE IV.—MARRIAGE REGISTER-BOOK.
CERTIFICATE OF MARRIAGE.
SCHEDULE V.—[Repealed.]
5
THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
ACT NO. 15 OF 1872
[18th July, 1872.]
An Act to consolidate and amend the law relating to the solemnization in India of the marriages
of Christians.
PREAMBLE.—WHEREAS it is expedient to consolidate and amend the law relating to the solemnization
in India of the marriages of persons professing the Christian religion;
It is hereby enacted as follows:—
PRELIMINARY
1. Short title.—This Act may be called the Indian Christian Marriage Act, 1872.
Extent.—
1
[It extends to the whole of India 2
[except 3
[the territories which, immediately before the 1st
November, 1956, were comprised in the States] of Travancore-Cochin, Manipur and Jammu and
Kashmir].] 4
5
* * * * *
2. [Enactments repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.
3. Interpretation clause.—In this Act, unless there is something repugnant in the subject or
context,—
“Church of England” “Anglican”.—mean and apply to the Church of England as by law
established;
“Church of Scotland”.—means the Church of Scotland as by law established;
“Church of Rome” “Roman Catholic”.—mean and apply to the Church which regards the Pope of
Rome as its spiritual head;
“Church”.—includes any chapel or other building generally used for public Christian worship;
6
[“India”.—means the 7
[territories] to which this Act extends;]
“minor”.—“minor” means a person who has not completed the age of twenty-one years and who is
not a widower or a widow;
8
* * * * *
“Christians”.—the expression “Christians” means persons professing the Christian religion;
“Indian Christians”.—9
[and the expression “Indian Christians” includes the Christian descendants of
natives of India converted to Christianity, as well as such converts;]
1. Subs. by A.O. 1950 for the second para., as amended by A. O. 1937 and A.O. 1948: [NOTE: The Act does not extend to the
State of Manipur, vide Act 30 of 1950, s. 3(2A) and Sch. As amended by Act 68 of 1956, s. 2. The 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.]
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “except Part B States”.
3. Subs. by the Adaption of Laws (No. 2) Order, 1956, for “the States”.
4. In its application to Pondicherry, in section 1, the following proviso shall be added at the end of section 1—
“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”—
(vide Act 26 of 1968).
5. The commencement cl. rep. by Act 16 of 1874, s. 1 and the Schedule.
6. Ins. by Act 3 of 1951, s. 3 and Sch.
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “territory comprised in the States”.
8. The definition of “Native State” omitted. by the A. O. 1937.
9. Subs. by A. O. 1950, for the definition.
6
1
[“Registrar General of Births, Deaths and Marriages”.—means a Registrar General of Births,
Deaths and Marriages appointed under the Births, Deaths and Marriages Registration Act, 1886
(6 of 1886).]
PART I
THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED
4. Marriages to be solemnized according to Act.—Every marriage between persons, one or both of
whom is 2
[or are] a Christian or Christians, shall be solemnized in accordance with the provisions of the
next following section; and any such marriage solemnized otherwise than in accordance with such
provisions shall be void.
5. Persons by whom marriages may be solemnized.—Marriages may be solemnized in 3
[India]—
(1) by any person who has received episcopal ordination, provided that the marriage be solemnized
according to the rules, rites, ceremonies and customs of the Church of which he is a Minister;
(2) by any Clergyman of the Church of Scotland, provided that such marriage be solemnized
according to the rules, rites, ceremonies and customs of the Church of Scotland;
(3) by any Minister of Religion licensed under this Act to solemnize marriages;
(4) by, or in the presence of, a Marriage Registrar appointed under this Act;
(5) by any person licensed under this Act to grant certificates of marriage between 4
[Indian
Christians].
5
[6. Grant and revocation of licenses to solemnize marriages.—The State Government, so far as
regards the territories under its administration, 6
*** may, by notification in the Official Gazette 7
** *,
grant licenses to Ministers of Religion to solemnize marriages within such territories 8
* * * and may, by a
a like notification revoke such licenses.]
7. Marriage Registrars.—The State Government may appoint one or more Christians, either by
name or as holding any office for the time being, to be the Marriage Registrar or Marriage Registrars for
any district subject to its administration.
Senior Marriage Registrar.—Where there are more Marriage Registrars than one in any district, the
State Government shall appoint one of them to be the Senior Marriage Registrar.
Magistrate when to be Marriage Registrar.—When there is only one Marriage Registrar in a
district, and such Registrar is absent from such district, or ill, or when his office is temporarily vacant, the
Magistrate of the district shall act as, and be, Marriage Registrar thereof during such absence, illness, or
temporary vacancy.
8. [Marriage Registrars in Indian States.]—Omitted by the A. O. 1950.
9. Licensing of persons to grant certificates of marriage between Indian Christians.—The State
Government 9
* * * may grant a license to any Christian, either by name or as holding any office for the
time being, authorizing him to grant certificates of marriage between 4
[Indian] Christians.
Any such license may be revoked by the authority by which it was granted, and every such grant or
revocation shall be notified in the Official Gazette.
1. Ins. by Act 6 of 1886, s. 30.
2. Ins. by Act 12 of 1891, s. 2 and the Second Schedule.
3. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and Part C States”.
4. Subs. by the A. O. 1950, for “Native Christians”.
5. Subs. by Act 2 of 1891, s. 1, for s. 6.
6. The words “and the Central Government, so far as regards any Indian State” omitted by the A. O. 1950.
7. The words “or in the Gazette of India, as the case may be” omitted by the A. O. 1937.
8. The words “and State, respectively,” omitted by the A. O. 1950.
9. The words and brackets “or (so far as regard any Indian State) the Central Government” omitted by the A. O. 1950.
7
PART II
TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED
10. Time for solemnizing marriage.—Every marriage under this Act shall be solemnized between
the hours of six in the morning and seven in the evening:
Exceptions.—Provided that nothing in this section shall apply to—
(1) a Clergyman of the Church of England solemnizing a marriage under a special license permitting
him to do so at any hour other than between six in the morning and seven in the evening, under the hand
and seal of the Anglican Bishop of the Diocese or his Commissary, or
(2) a Clergyman of the Church of Rome solemnizing a marriage between the hours of seven in the
evening and six in the morning, when he has received a general or special license in that behalf from the
Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so solemnized, or from
such person as the same Bishop has authorized to grant such license, 1
[or
(3) a Clergyman of the Church of Scotland solemnizing a marriage according to the rules, rites,
ceremonies and customs of the Church of Scotland.]
11. Place for solemnizing marriage.—No Clergyman of the Church of England shall solemnize a
marriage in any place other than a church 2
[where worship is generally held according to the forms of the
Church of England],
unless there is no 2
[such] church within five miles distance by the shortest road from such place, or
unless he has received a special license, authorizing him to do so under the hand and seal of the
Anglican Bishop of the Diocese or his Commissary.
Fee for special license.—For such special license, the Registrar of the Diocese may charge such
additional fee as the said Bishop from time to time authorizes.
PART III
MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT
12. Notice of intended marriage.—Whenever a marriage is intended to be solemnized by a Minister
of Religion licensed to solemnize marriages under this Act—
one of the persons intending marriage shall give notice in writing, according to the form contained in
the First Schedule hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires
to solemnize the marriage, and shall state therein—
(a) the name and surname, and the profession or condition, of each of the persons intending
marriage,
(b) the dwelling-place of each of them,
(c) the time during which each has dwelt there, and
(d) the church or private dwelling in which the marriage is to be solemnized:
Provided that, if either of such persons has dwelt in the place mentioned in the notice during more
than one month, it may be stated therein that he or she has dwelt there one month and upwards.
13. Publication of such notice.—If the persons intending marriage desire it to be solemnized in a
particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to
officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.
Return or transfer of notice.—But if he is not entitled to officiate as a Minister in such church, he
shall, at his option, either return the notice, to the person who delivered it to him, or deliver it to some
other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.
1. Ins. by Act 2 of 1891, s. 2.
2. Ins. by s. 3, ibid.
8
14. Notice of intended marriage in private dwelling.—If it be intended that the marriage shall be
solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed in
section 12, shall forward it to the Marriage Registrar of the district, who shall affix the same to some
conspicuous place in his own office.
15. Sending copy of notice to Marriage Registrar when one party is a minor.—When one of the
persons intending marriage is a minor, every Minister receiving such notice shall, unless within
twenty-four hours after its receipt he returns the same under the provisions of section 13, send by the post
or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be more than one
Registrar of such district, to the Senior Marriage Registrar.
16. Procedure on receipt of notice.—The Marriage Registrar or Senior Marriage Registrar, as the
case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and
the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in
the same district, who shall likewise publish the same in the manner above directed.
17. Issue of certificate of notice given and declaration made.—Any Minister of Religion
consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to do by
or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage
making the declaration hereinafter required, issue under his hand a certificate of such notice having been
given and of such declaration having been made:
Proviso.—Provided—
(1) that no such certificate shall be issued until the expiration of four days after the date of the receipt
of the notice by such Minister;
(2) that no lawful impediment be shown to his satisfaction why such certificate should not issue; and
(3) that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any
person authorized in that behalf.
18. Declaration before issue of certificate.—The certificate mentioned in section 17 shall not be
issued until one of the persons intending marriage has appeared personally before the Minister and made
a solemn declaration—
(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful
hindrance, to the said marriage,
and when either or both of the parties is or are a minor or minors,
(b) that the consent or consents required by law has or have been obtained thereto, or that there is
no person resident in India having authority to give such consent, as the case may be.
19. Consent of father, or guardian, or mother.—The father, if living, of any minor, or, if the father
be dead. the guardian of the person of such minor, and, in case there be no such guardian, then the mother
of such minor, may give consent to the minor’s marriage,
and such consent is hereby required for the same marriage, unless no person authorized to give such
consent be resident in India.
20. Power to prohibit by notice issue of certificate.—Every person whose consent to a marriage is
required under section 19, is hereby authorized to prohibit the issue of the certificate by any Minister, at
any time before the issue of the same, by notice in writing to such Minister, subscribed by the person so
authorized with his or her name and place of abode and position with respect to either of the persons
intending marriage, by reason of which he or she is so authorized as aforesaid.
21. Procedure on receipt of notice.—If any such notice be received by such Minister, he shall not
issue his certificate and shall not solemnize the said marriage until he has examined into the matter of the
said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such
prohibition,
or until the said notice is withdrawn by the person who gave it.
9
22. Issue of certificate in case of minority.—When either of the persons intending marriage is a
minor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is
required by section 19 has been obtained, such Minister shall not issue such certificate until the expiration
of fourteen days after the receipt by him of the notice of marriage.
23. Issue of certificates to Indian Christians.—When any 1
[Indian Christians] about to be married
takes a notice of marriage to a Minister of Religion, or applies for a certificate from such Minister under
section 17, such Minister shall, before issuing the certificate, ascertain whether such 1
[Indian Christians]
is cognizant of the purport and effect of the said notice or certificate, as the case may be, and, if not, shall
translate or cause to be translated the notice or certificate to such 1
[Indian Christian] into some language
which he understands.
24. Form of certificate.—The certificate to be issued by such Minister shall be in the form contained
in the Second Schedule hereto annexed, or to the like effect.
25. Solemnization of marriage.—After the issue of the certificate by the Minister, marriage may be
solemnized between the persons therein described according to such form or ceremony as the Minister
thinks fit to adopt:
Provided that the marriage be solemnized in the presence of at least two witnesses besides the
Minister.
26. Certificate void if marriage not solemnized within two months.—Whenever a marriage is not
solemnized within two months after the date of the certificate issued by such Minister as aforesaid, such
certificate and all proceedings (if any) thereon shall be void,
and no person shall proceed to solemnize the said marriage until new notice has been given and a
certificate thereof issued in manner aforesaid.
PART IV
REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION
27. Marriages when to be registered.—All marriages hereafter solemnized in 2
[India] between
persons one or both of whom professes or profess the Christian religion, except marriages solemnized
under Part V or Part VI of this Act, shall be registered in manner hereinafter prescribed.
28. Registration of marriages solemnized by Clergymen of Church of England.—Every
Clergyman of the Church of England shall keep a register of marriages and shall register therein,
according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he
solemnizes under this Act.
29. Quarterly returns to Archdeaconry.—Every Clergyman of the Church of England shall send
four times in every year returns in duplicate, authenticated by his signature, of the entries in the register of
marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry
to which he is subject, or within the limits of which such place is situate.
Contents of returns.—Such quarterly returns shall contain all the entries of marriages contained in
the said register from the first day of January to the thirty-first day of March, from the first day of April,
to the thirtieth day of June, from the first day of July, to the thirtieth day of September, and from the first
day of October to the thirty-first day of December, of each year, respectively, and shall be sent by such
Clergyman, within two weeks from the expiration of each of the quarters above specified.
The said Registrar upon receiving the said returns shall send one copy thereof to the 3
[Registrar
General of Births, Deaths and Marriages].
30. Registration and returns of marriages solemnized by Clergymen of Church of
Rome.—Every marriage solemnized by a Clergyman of the Church of Rome shall be registered by the
1. Subs. by the A. O. 1950, for “Native Christians”.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “a Part A State or a Part C State”.
3. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”.
10
person and according to the form directed in that behalf by the Roman Catholic Bishop of the Diocese or
Vicariate in which such marriage is solemnized,
and such person shall forward quarterly to the 1
[Registrar General of Births, Deaths and Marriages]
returns of the entries of all marriages registered by him during the three months next preceding.
31. Registration and returns of marriages solemnized by Clergymen of Church of
Scotland.—Every Clergyman of the Church of Scotland shall keep a register of marriages,
and shall register therein, according to the tabular form set forth in the Third Schedule hereto
annexed, every marriage which he solemnizes under this Act,
and shall forward quarterly to the 1
[Registrar General of Births, Deaths and Marriages], through the
Senior Chaplain of the Church of Scotland, returns, similar to those prescribed in section 29, of all such
marriages.
32. Certain marriages to be registered in duplicate.—Every marriage solemnized by any person
who has received episcopal ordination, but who is not a Clergyman of the Church of England, or of the
Church of Rome, or by any Minister of Religion licensed under this Act to solemnize marriages, shall
immediately after the solemnization thereof, be registered in duplicate by the person solemnizing the
same; (that is to say) in a marriage-register book to be kept by him for that purpose, according to the form
contained in the Fourth Schedule hereto annexed, and also in a certificate attached to the
marriage-register-book as a counterfoil.
33. Entries of such marriages to be signed and attested.—The entry of such marriage in both the
certificate and marriage-register-book shall be signed by the person solemnizing the marriage, and also by
the persons married, and shall be attested by two credible witnesses, other than the person solemnizing
the marriage, present at its solemnization.
Every such entry shall be made in order from the beginning to the end of the book, and the number of
the certificate shall correspond with that of the entry in the marriage-register-book.
34. Certificate to be forwarded to Marriages Registrar, copied and sent to Registrar
General.—The person solemnizing the marriage shall forthwith separate the certificate from the
marriage-register-book and send it, within one month from the time of the solemnization, to the Marriage
Registrar of the district in which the marriage was solemnized, or, if there be more Marriage Registrars
than one, to the Senior Marriage Registrar,
who shall cause such certificate to be copied into a book to be kept by him for that purpose,
and shall send all the certificates which he has received during the month, with such number and
signature or initials added thereto as are hereinafter required, to the 1
[Registrar General of Births, Deaths
and Marriages].
35. Copies of certificates to be entered and numbered.—Such copies shall be entered in order from
the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and
also a number to be entered by the Marriage Registrar, indicating the number of the entry of the said copy
in the said book, according to the order in which he receives each certificate.
36. Registrar to add number of entry to certificate, and send to Registrar General.—The
Marriage Registrar shall also add such last-mentioned number of the entry of the copy in the book to the
certificate, with his signature or initials, and shall, at the end of every month, send the same to the
1
[Registrar General of Births, Deaths and Marriages].
37. Registration of marriages between Indian Christians, by persons referred to in clauses (1),
(2) and (3) of section 5.—When any marriage between 2
[Indian Christians] is solemnized 3
[by any such
person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2) or clause (3) of
section 5], the person solemnizing the same shall, instead of proceeding in the manner provided by
sections 28 to 36, both inclusive, register the marriage in a separate register-book, and shall keep it safely
1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”.
2. Subs. by the A. O. 1950, for “Native Christians”.
3. Subs. by Act 18 of 1928, s. 2 and the first Schedule, for “under Part I or Part III or this Act”.
11
until it is filled, or, if he leave the district in which he solemnized the marriage before the said book is
filled, shall make over the same to the person succeeding to his duties in the said district.
Custody and disposal of register-book.—Whoever has the control of the book at the time when it is
filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage Registrars than
one, to the Senior Marriage Registrar, who shall send it to the 1
[Registrar General of Births, Deaths and
Marriages,] to be kept by him with the records of his office.
PART V
MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR
38. Notice of intended marriage before Marriage Registrar.—When a marriage is intended to be
solemnized by, or in the presence of, a Marriage Registrar, one of the parties to such marriage shall give
notice in writing, in the form contained in the First Schedule hereto annexed, or to the like effect, to any
Marriage Registrar of the district within which the parties have dwelt,
or, if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each
district,
and shall state therein the name and surname, and the profession or condition, of each of the parties
intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and
the place at which the marriage is to be solemnized:
Provided that, if either party has dwelt in the place stated in the notice for more than one month, it
may be stated therein that he or she has dwelt there one month and upwards.
39. Publication of notice.—Every Marriage Registrar shall, on receiving any such notice, cause a
copy thereof to be affixed in some conspicuous place in his office.
When one of the parties intending marriage is a minor, every Marriage Registrar shall, within twentyfour
hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy of
such notice to each of the other Marriage Registrars (if any) in the same district, who shall likewise affix
the copy in some conspicuous place in his own office.
40. Notice to be filed and copy entered in Marriage Notice Book.—The Marriage Registrar shall
file all such notices and keep them with the records of his office,
and shall also forthwith enter a true copy of all such notices in a book to be furnished to him for that
purpose by the State Government, and to be called the “Marriage Notice Book”;
and the Marriage Notice Book shall be open at all reasonable times, without fee, to all persons
desirous of inspecting the same.
41. Certificate of notice given and oath made.—If the party by whom the notice was given requests
the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one of the parties
intending marriage has made oath as hereinafter required, the Marriage Registrar shall issue under his
hand a certificate of such notice having been given and of such oath having been made:
Proviso.—Provided—
that no lawful impediment be shown to his satisfaction why such certificate should not issue;
that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any
person authorized in that behalf by this Act;
that four days after the receipt of the notice have expired, and further,
that where, by such oath, it appears that one of the parties intending marriage is a minor, fourteen
days after the entry of such notice have expired.
42. Oath before issue of certificate.—The certificate mentioned in section 41 shall not be issued by
any Marriage Registrar, until one of the parties intending marriage appears personally before such
Marriage Registrar, and makes oath2 —
(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful
hindrance, to the said marriage, and
1. Subs. by the A. O. 1950, for “Native Christians”.
2. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”.
12
(b) that both the parties have, or (where they have dwelt in the districts of different Marriage
Registrars) that the party making such oath has, had their, his or her usual place of abode within the
district of such Marriage Registrar,
and, where either or each of the parties is a minor,
(c) that the consent or consents to such marriage required by law has or have been obtained
thereto, or that there is no person resident in India authorized to give such consent, as the case may
be.
43. Petition to High Court to order certificate in less than fourteen days.—When one of the
parties intending marriage is a minor, and both such parties are at the time resident in any of the towns of
Calcutta, Madras and Bombay, and are desirous of being married in less than fourteen days after the entry
of such notice as aforesaid, they may apply by petition to a Judge of the High Court, for an order upon the
Marriage Registrar to whom the notice of marriage has been given, directing him to issue his certificate
before the expiration of the said fourteen days required by section 41.
Order on petition.—And on sufficient cause being shown, the said Judge may, in his discretion,
make an order upon such Marriage Registrar, directing him to issue his certificate at any time to be
mentioned in the said order before the expiration of the fourteen days so required.
And the said Marriage Registrar, on receipt of the said order, shall issue his certificate in accordance
therewith.
44. Consent of father or guardian.—The provisions of section 19 apply to every marriage under this
Part, either of the parties to which is a minor;
Protest against issue of certificate.—And any person whose consent to such marriage would be
required thereunder may enter a protest against the issue of the Marriage Registrar’s certificate, by
writing, at any time before the issue of such certificate, the word “forbidden” opposite to the entry of the
notice of such intended marriage in the Marriage Notice Book, and by subscribing thereto his or her name
and place of abode, and his or her position with respect to either of the parties, by reason of which he or
she is so authorized.
Effect of protest.—When such protest has been entered, no certificate shall issue until the Marriage
Registrar has examined into the matter of the protest, and is satisfied that it ought not to obstruct the issue
of the certificate for the said marriage, or until the protest be withdrawn by the person who entered it.
45. Petition where person whose consent is necessary is insane, or unjustly withholds
consent.—If any person whose consent is necessary to any marriage under this Part is of unsound mind,
or if any such person (other than the father) without just cause withholds his consent to the marriage,
the parties intending marriage may apply by petition, where the person whose consent is necessary is
resident within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if he
is not resident within any of the said towns, then to the District Judge.
Procedure on petition.—And the said Judge of the High Court, or District Judge, as the case may be,
may examine the allegations of the petition in a summary way;
and, if upon examination such marriage appears proper such Judge of the High Court or District
Judge, as the case may be, shall declare the marriage to be a proper marriage.
Such declaration shall be as effectual as if the person whose consent was needed had consented to the
marriage;
and, if he has forbidden the issue of the Marriage Registrar’s certificate, such certificate shall be
issued and the like proceedings may be had under this Part in relation to the marriage as if the issue of
such certificate had not been forbidden.
46. Petition when Marriage Registrar refuses certificate.—Whenever a Marriage Registrar refuses
to issue a certificate under this Part, either of the parties intending marriage may apply by petition, where
the district of such Registrar is within any of the towns of Calcutta, Madras and Bombay, to a Judge of
the High Court, or if such district is not within any of the said towns, then to the District Judge.
13
Procedure on petition.—The said Judge of the High Court, or District Judge, as the case may be,
may examine the allegations of the petition in a summary way, and shall decide thereon.
The decision of such Judge of the High Court or District Judge, as the case may be, shall be final, and
the Marriage Registrar to whom the application for the issue of a certificate was originally made shall
proceed in accordance therewith.
47. [Petition when Marriage Registrar in Indian State refuses certificate.] Omitted by the A. O. 1950.
48. Petition when Registrar doubts authority of person forbidding.—Whenever a Marriage
Registrar, acting under the provisions of section 44, is not satisfied that the person forbidding the issue of
the certificate is authorized by law so to do, the said Marriage Registrar shall apply by petition, where his
district is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if
such district be not within any of the said towns, then to the District Judge.
Procedure on petition.—The said petition shall state all the circumstances of the case, and pray for
the order and direction of the Court concerning the same,
and the said Judge of the High Court or District Judge, as the case may be, shall examine into the
allegations of the petition and the circumstances of the case,
and if, upon such examination, it appears, that the person forbidding the issue of such certificate is not
authorized by law so to do, such Judge of the High Court or District Judge, as the case may be, shall
declare that the person forbidding the issue of such certificate is not authorized as aforesaid,
and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such
marriage as if the issue had not been forbidden.
1
* * * * *
49. Liability for frivolous protest against issue of certificate.—Every person entering a protest with
the Marriage Registrar, under this Part, against the issue of any certificate, on grounds which such
Marriage Registrar, under section 44, or a Judge of the High Court or the District Judge, under section 45
or 46, declares to be frivolous and such as ought not to obstruct the issue of the certificate, shall be liable
for the costs of all proceedings in relation thereto and for damages, to be recovered by suit by the person
against whose marriage such protest was entered.
50. Form of certificate.—The certificate to be issued by the Marriage Registrar under the provisions
of section 41 shall be in the form contained in the Second Schedule to this Act annexed or to the like
effect,
and the State Government shall furnish to every Marriage Registrar a sufficient number of forms of
certificate.
51. Solemnization of marriage after issue of certificate.—After the issue of the certificate of the
Marriage Registrar, or, where notice is required to be given under this Act to the Marriage Registrars for
different districts, after the issue of the certificates of the Marriage Registrars for such districts,
marriage may, if there be no lawful impediment to the marriage of the parties described in such
certificate or certificates, be solemnized between them, according to such form and ceremony as they
think fit to adopt.
But every such marriage shall be solemnized in the presence of some Marriage Registrar (to whom
shall be delivered such certificate or certificates as aforesaid), and of two or more credible witnesses
besides the Marriage Registrar:
And in some part of the ceremony each of the parties shall declare as follows, or to the like effect:—
“I do solemnly declare that I know not of any lawful impediment why I, A. B., may not be joined in
matrimony to C. D.”
1. Omitted by the A. O. 1950.
14
And each of the parties shall say to the other as follows or to the like effect: —
“I call upon these persons here present to witness that I, A. B., do take thee, C. D., to be my lawful
wedded wife [or husband].”
52. When marriage not had within two months after notice, new notice required. —Whenever a
marriage is not solemnized within two months after the copy of the notice has been entered by the
Marriage Registrar, as required by section 40, the notice and the certificate, if any, issued thereupon, and
all other proceedings thereupon, shall be void;
and no person shall proceed to solemnize the marriage, nor shall any Marriage Registrar enter the
same, until new notice has been given, and entry made, and certificate thereof given, at the time and in the
manner aforesaid.
53. Marriage Registrar may ask for particulars to be registered.—A Marriage Registrar before
whom any marriage is solemnized under this Part may ask of the persons to be married the several
particulars required to be registered touching such marriage.
54. Registration of marriages solemnized under part V.—After the solemnization of any marriage
under this Part, the Marriage Registrar present at such solemnization shall forthwith register the marriage
in duplicate; that is to say, in a marriage-register-book, according to the form of the Fourth Schedule
hereto annexed, and also in a certificate attached to the marriage-register-book as a counterfoil.
The entry of such marriage in both the certificates and the marriage-register-book shall be signed by
the person by or before whom the marriage has been solemnized, if there be any such person, and by the
Marriage Registrar present at such marriage, whether or not it is solemnized by him, and also by the
parties married, and attested by two credible witnesses other than the Marriage Registrar and person
solemnizing the marriage.
Every such entry shall be made in order from the beginning to the end of the book, and the number of
the certificate shall correspond with that of the entry in the marriage-register-book.
55. Certificates to be sent monthly to Registrar General.—The Marriage Registrar shall forthwith
separate the certificate from the marriage-register-book and send it, at the end of every month, to the
1
[Registrar General of Births, Deaths and Marriages].
Custody of register-book.—The Marriage Registrar shall keep safely the said register-book until it is
filled, and shall then send it to the 1
[Registrar General of Births, Deaths and Marriages], to be kept by him
with the records of his office.
56. [Officers to whom Registrars in Indian States shall send certificates.) Omitted by the A. O. 1950
57. Registrars to ascertain that notice and certificate are understood by Indian Christians.—
When any 2
[Indian Christians] about to be married gives a notice of marriage, or applies for a certificate
from a Marriage Registrar, such Marriage Registrar shall as certain whether the said 2
[Indian Christians]
understands the English language, and, if he does not, the Marriage Registrar shall translate, or cause to
be translated, such notice or certificate, or both of them, as the case may be, to such 2
[Indian Christians]
into a language which he understands;
or the Marriage Registrar shall otherwise ascertain whether the
2
[Indian Christians] is cognizant of
the purport and effect of the said notice and certificate.
58. Indian Christians to be made to understand declarations.—When any 2
[Indian Christians] is
married under the provisions of this Part, the person solemnizing the marriage shall ascertain whether
such 2
[Indian Christians] understands the English language, and, if he does not, the person solemnizing
the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such 2
[Indian
Christians], into a language which he understands, the declarations made at such marriage in accordance
with the provisions of this Act.
59. Registration of marriages between Indian Christians.—The registration of marriages between
2
[Indian Christians] under this Part shall be made in conformity with the rules laid down in section 37
(so far as they are applicable), and not otherwise.
1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”.
2. Subs. by the A. O. 1950, for “Native Christians”.
15
PART VI
MARRIAGE OF 1
[INDIAN CHRISTIANS]
60. On what conditions marriages of 1
[Indian Christians] may be certified.—Every marriage
between 1
[Indian Christians] applying for a certificate, shall, without the preliminary notice required
under Part III, be certified under this Part, if the following conditions be fulfilled, and not otherwise:—
(1) the age of the man intending to be a married 2
[shall not be under 3
[twenty-one years]], and the age
of the woman intending to be married 4
[shall not be under 5
[eighteen years]];
(2) neither of the persons intending to be married shall have a wife or husband still living;
(3) in the presence of a person licensed under section 9, and of at least two credible witnesses other
than such person, each of the parties shall say to the other—
“I call upon these persons here present to witness that. 1, A. B., in the presence of Almighty God,
and in the name of our Lord Jesus Christ, do take thee, C. D., to be my lawful wedded wife
[or husband]” or words to the like effect:
6
* * * * *
61. Grant of certificate.—When, in respect to any marriage solemnized under this Part, the
conditions prescribed in section 60 have been fulfilled, the person licensed as aforesaid, in whose
presence the said declaration has been made, shall, on the application of either of the parties to such
marriage, and, on the payment of a fee of four annas, grant a certificate of the marriage.
The certificate shall be signed by such licensed person, and shall be received in any suit touching the
validity of such marriage as conclusive proof of its having been performed.
7
[62. Keeping of register-book and deposit of extracts therefrom with Registrar
General.—(1) Every person licensed under section 9 shall keep in English, or in the vernacular language
in ordinary use in the district or State in which the marriage was solemnized, and in such form as the State
Government by which he was licensed may from time to time prescribe, a register-book of all marriages
solemnized under this Part in his presence, and shall deposit in the office of the Registrar General of
Births, Deaths and Marriages for the territories under the administration of the said State Government, in
such form and at such intervals as that Government may prescribe, true and duly authenticated extracts
from his register-book of all entries made therein since the last of those intervals.]
8
* * * * *
63. Searches in register book and copies of entries.—Every person licensed under this Act to grant
certificates of marriage, and keeping a marriage-register-book under section 62, shall at all reasonable
times, allow search to be made in such book, and shall, on payment of the proper fee, give a copy,
certified under his hand, of any entry therein.
64. Books in which marriages of Indian Christians under Part I or Part III are registered.—The
provisions of sections 62 and 63, as to the form of the of register-book, depositing extracts therefrom,
1. Subs. by the Act A.O. 1950, for “Native Christians”
2. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed sixteen years”.
3. Subs. by Act 2 of 1978, s. 6 and the Schedule, for “eighteen years” (w.e.f. 1-10-1978).
4. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed thirteen years”.
5. Subs. by Act 2 of 1978, s. 6 and Schedule, for “fifteen years” (w.e.f. 1-10-1978).
6. Proviso omitted by s. 6 and the Schedule, ibid., (w.e.f. 1-10-1978).
7. Subs. by Act 2 of 1891, s. 4, for s. 62.
8. Sub-section (2) omitted by the A.O. 1950.
16
allowing searches thereof, and giving copies of the entries therein, shall, mutatis mutandis, apply to the
books kept under section 37.
65. Part VI not to apply to Roman Catholics.
Saving of certain marriages.—This Part of this Act, except so much of sections 62 and 63 as are
referred to in section 64, shall not apply to marriages between Roman Catholics. But nothing herein
contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of Part
V of Act No. 25 of 1864, previous to the twenty-third day of February, 1865.
PART VII
PENALTIES
1
[66. False oath, declaration, notice or certificate for procuring marriage.—Whoever, for the
purpose of procuring a marriage or licence of marriage, intentionally,—
(a) where an oath or declaration is required by this Act, or by any rule or custom of a Church
according to the rites and ceremonies of which a marriage is intended to be solemnized, such Church
being the Church of England or of Scotland or of Rome, makes a false oath or declaration, or,
(b) where a notice or certificate is required by this Act, signs a false notice or certificate,
shall be deemed to have committed the offence punishable under section 193 of the Indian Penal Code
(45 of 1860) with imprisonment of either description for a term which may extend to three years and, at
the discretion of the Court, with fine.]
67. Forbidding, by false personation issue of certificate by Marriage Registrar.—Whoever
forbids the issue, by a Marriage Registrar, of a certificate, by falsely representing himself to be a person
whose consent to the marriage is required by law, knowing or believing such representation to be false, or
not having reason to believe it to be true, shall be deemed guilty of the offence described in section 205 of
the Indian Penal Code (45 of 1860).
2
[68. Solemnizing marriage without due authority.—Whoever, not being authorized by section 5 of
of this Act to solemnize marriages, solemnizes or professes to solemnize, in the absence of a Marriage
Registrar of the district in which the ceremony takes place, a marriage between persons one or both of
whom is or are a Christian or Christians, shall be punished with imprisonment which may extend to ten
years, or (in lieu of a sentence of imprisonment for seven years or upwards) with transportation for a term
of not less than seven years, and not exceeding ten years,
3
* * * * *
and shall also be liable to fine.]
69. Solemnizing marriage out of proper time, or without witnesses.—Whoever knowingly and
wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians,
at any time other than between the hours of six in the morning and seven in the evening, or in the absence
of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with
imprisonment for a term which may extend to three years, and shall also be liable to fine.
Saving of marriages solemnized under special licence.—This section does not apply to marriages
solemnized under special licences granted by the Anglican Bishop of the Diocese or by his Commissary,
nor to marriages performed between the hours of seven in the evening and six in the morning by a
Clergyman of the Church of Rome, when he has received the general or special license in that behalf
mentioned in section 10.
4
[Nor does this section apply to marriages solemnized by a Clergyman of the Church of Scotland
according to the rules, rites, ceremonies and customs of the Church of Scotland.]
1. Subs. by Act 2 of 1891, s. 5, for s. 66.
2. Subs. by s. 6, ibid., for s. 68.
3. Omitted by the A.O. 1950.
4. Ins. by Act 2 of 1891, s. 7.
17
70. Solemnizing without notice or within fourteen days after notice, marriage with minor.—Any
Minister of Religion licensed to solemnize marriages under this Act, who, without a notice in writing, or,
when one of the parties to the marriage is a minor and the required consent of the parents or guardians to
such marriage has not been obtained, within fourteen days after the receipt by him of notice of such
marriage, knowingly and wilfully solemnizes a marriage under Part III, shall be punished with
imprisonment for a term which may extend to three years, and shall also be liable to fine.
71. Issuing certificate, or marrying, without publication of notice.—A Marriage Registrar under
this Act, who commits any of the following offences:—
(1) knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage, without
publishing the notice of such marriage as directed by this Act;
1
[(2) marrying after expiry of notice.—after the expiration of two months after the copy of the
notice has been entered as required by section 40 in respect of any marriage, solemnizes such marriage;]
(3) solemnizing marriage with minor within fourteen days, without authority of Court, or
without sending copy of notice.—solemnizes, without an order of a competent Court authorizing him to
do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days after the
receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of such notice
to the Senior Marriage Registrar of the district if there be more Marriage Registrars of the district than
one, and if he himself be not the Senior Marriage Registrar;
(4) issuing certificate against authorized prohibition.—issues any certificate the issue of which has
been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof,
shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to
fine.
72. Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after
notice, or against authorized prohibition.—Any Marriage Registrar knowingly and wilfully issuing any
certificate for marriage after the expiration of 2
[two months] after the notice has been entered by him as
aforesaid,
fourteen days after notice, or against authorized prohibition.—or knowingly and wilfully issuing,
without the order of a competent Court authorizing him so to do, any certificate for marriage, where one
of the parties intending marriage is a minor, before the expiration of fourteen days after the entry of such
notice, or any certificate the issue of which has been forbidden as aforesaid by any person authorized in
this behalf,
shall be deemed to have committed an offence under section 166 of the Indian Penal Code (45 of 1860).
73. Persons authorized to solemnize marriage (other than Clergy of Churches of England,
Scotland or Rome).—Whoever, being authorized under this Act to solemnize a marriage,
and not being a Clergyman of the Church of England solemnizing a marriage after due publication of
banns, or under a license from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that
behalf,
or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to the rules,
rites, ceremonies and customs of that church,
or, not being a Clergyman of the Church of Rome, solemnizing a marriage according to the rites,
rules, ceremonies and customs of that church,
issuing certificate, or marrying, without publishing notice or after expiry of
certificate;—knowingly and wilfully issues any certificate for marriage under this Act, or solemnizes any
marriage between such persons as aforesaid, without publishing, or causing to be affixed, the notice of
such marriage as directed in Part III of this Act, or after the expiration of two months after the certificate
has been issued by him;
1. Subs. by Act 2 of 1891, s. 8(1), for clause (2).
2. Subs. by s. 8(2), ibid., for “three months”.
18
issuing certificate for, or solemnizing, marriage with minor, within fourteen days after
notice.—or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between
such persons when one of the persons intending marriage is a minor, before the expiration of fourteen
days after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of
such notice to the Marriage Registrar, or, if there be more Marriage Registrars than one, to the Senior
Marriage Registrar of the district;
issuing certificate authorizedly forbidden.—or knowingly and wilfully issues any certificate the
issue of which has been forbidden, under this Act, by any person authorized to forbid the issue;
solemnizing marriage authorizedly forbidden.—or knowingly and wilfully solemnizes any
marriage forbidden by any person authorized to forbid the same;
shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to
fine.
74. Unlicensed person granting certificate pretending to be licensed.—Whoever, not being
licensed to grant a certificate of marriage under Part VI of this Act, grants such certificate intending
thereby to make it appear that he is so licensed, shall be punished with imprisonment for a term which
may extend to five years, and shall also be liable to fine.
1
[Whoever, being licensed to grant certificates of marriage under Part VI of this Act, without just
cause refuses, or wilfully neglects or omits, to perform any of the duties imposed upon him by that Part
shall be punished with fine which may extend to one hundred rupees.]
75. Destroying or falsifying register-books.—Whoever, by himself or another, wilfully destroys or
injures any register-book or the counterfoil certificates thereof, or any part thereof, or any authenticated
extract therefrom,
or falsely makes or counterfeits any part of such register-book or counterfoil certificates,
or wilfully inserts any false entry in any such register-book or counterfoil certificate or authenticated
extract,
shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable
to fine.
76. Limitation of prosecutions under Act.—The prosecution for every offence punishable under
this Act shall be commenced within two years after the offence is committed.
PART VIII
MISCELLANEOUS
77. What matters need not be proved in respect of marriage in accordance with Act.—Whenever
any marriage has been solemnized in accordance with the provisions of sections 4 and 5, it shall not be
void merely on account of any irregularity in respect of any of the following matters, namely:—
(1) any statement made in regard to the dwelling of the persons married, or to the consent of any
person whose consent to such marriage is required by law;
(2) the notice of the marriage;
(3) the certificate or translation thereof;
(4) the time and place at which the marriage has been solemnized;
(5) the registration of the marriage.
78. Corrections of errors.—Every person charged with the duty of registering any marriage, who
discovers any error in the form or substance of any such entry, 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 credible witnesses, 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 such correction, and
such person shall make the like marginal entry in the certificate thereof.
1. Ins. by Act 2 of 1891, s. 9.
19
And every entry made under this section shall be attested by the witnesses in whose presence it was
made.
And, in case such certificate has been already sent to the 1
[Registrar General of Births, Deaths and
Marriages], such person shall make and send in like manner a separate certificate of the original
erroneous entry, and of the marginal correction therein made.
79. Searches and copies of entries.—Every person solemnizing a marriage under this Act, and
hereby required to register the same,
and every Marriage Registrar or 1
[Registrar General of Births, Deaths and Marriages] having the
custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of
certificate, under this Act,
shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or
for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same.
80. Certified copy of entry in marriage-register, etc., to be evidence.—Every certified copy,
purporting to be signed by the person entrusted under this Act with the custody of any marriage-register
or certificate, or duplicate, required to be kept or delivered under this Act, of any entry of a marriage in
such register or of any such certificate or duplicate, shall be received as evidence of the marriage
purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of
such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy.
2
[81. Certificates of certain marriages to be sent to Central Government.—The Registrar General
of Births, Deaths and Marriages 3
*** shall, at the end of every quarter in each year, select, from the
certificates of marriages forwarded to 4
[him], during such quarter, the certificates of the marriages of
which 5
[the Government by whom he was appointed] may desire that evidence shall be transmitted to
England, and shall send the same certificates, signed by 4
[him] to the 6
[Central Government].]
82. State Government to prescribe fees.—Fees shall be chargeable under this Act for—
receiving and publishing notices of marriages;
issuing 7
[certificates for marriage] by Marriage Registrars, and registering marriages by the same;
entering protests against, or prohibitions of, the issue of 8
[certificates for marriage] by the said
Registrars;
searching register-books or certificates, or duplicates, of copies thereof;
giving copies of entries in the same under sections 63 and 79.
The State Government shall fix the amount of such fees respectively,
and may from time to time vary or remit them either generally or in special cases, as to it may seem
fit.
83. Power to make rules.—9
[(1)] The State Government 10[ may, by notification in the Official
Gazette, make rules] in regard to the disposal of the fees mentioned in section 82, the supply of
register-books, and the preparation and submission of returns of marriages solemnized under this Act.
11[(2) Every rule made by the State Government under this section shall be laid, as soon as may be
after it is made, before the State Legislature.]
1. Subs. by Act 6 of 1886, s. 30, for “Secretary to a Local Government”.
2. Subs. by Act 13 of 1911, s. 2, for s. 81.
3. The words and figures “and the officers appointed under section 56” omitted by Act 48 of 1952, s. 3 and the Second Schedule.
4. Subs. by s. 3 and the Second Schedule, ibid., for “them respectively”.
5. Subs. by the A.O. 1937, for “the G. G. in C.”.
6. Subs. by the A.O. 1948, for “Secretary of State for India”.
7. Subs. by Act 1 of 1903, s. 3 and the Second Schedule, for “certificates of marriage”.
8. Subs. by s. 3 and the Second Schedule, ibid., for “marriage certificates”.
9. Section 83 re-numbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
10. Subs. by s. 2 and the Schedule, ibid., for “may make rules” (w.e.f. 15-3-1984).
11. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-3-1984).
20
84. [Power to prescribe fees and rules for Indian States.] Omitted by the A.O. 1950.
85. Power to declare who shall be District Judge.—The State Government may, by notification in
the Official Gazette, declare who shall, in any place to which this Act applies, be deemed to be the
District Judge.
86. [Powers and functions exercisable as regards Indian States.] Omitted by the A.O. 1950.
87. Saving of Consular marriages.—Nothing in this Act applies to any marriage performed by any
Minister, Consul, or Consular Agent between subjects of the State which he represents and according to
the laws of such State.
88. Non-validation of marriages within prohibited degrees.—Nothing in this Act shall be deemed
to validate any marriage which the personal law applicable to either of the parties forbids him or her to
enter into.
21
SCHEDULE I
(See sections 12 and 38)
NOTICE OF MARRIAGE
To a Minister [or Registrar] of
I hereby give you notice that a marriage is intended to be had, within three calendar months from the
date hereof, between me and the other party herein named and described (that is to say):—
Names Condition Rank or
profession
Age Dwelling place Length of
residence
Church, chapel or
place of worship
in which the
marriage is to be
solemnized
District in which the
other party resides,
when the parties
dwell in different
districts
James Smith.
Windower. Carpenter.
of full age.
16, Clive Street.
23 days.
Free church of Scotland Church,
Culcutta. Martha Green. Spinster.

Minor.
20, Hastings
Street.
More than a
month.
Witness my hand, this day of seventy-two
(Signed) JAMES SMITH.
[The italics in this schedule are to be filled up, as the case may be, and the blank division thereof is
only to be filled up when one of the parties lives in another district.]
22
SCHEDULE II
(See sections 24 and 50)
CERTIFICATE OF RECEIPT OF NOTICE
I, do hereby certify that, on the
day of , notice was duly entered in my Marriage Notice Book of the marriage intended between
the parties therein named and described, delivered under the hand of , one of the parties (that is to
say):—
Names Condition Rank or
profession
Age Dwelling
place
Length of
residence
Church,
chapel or
place of
worship in
which the
marriage is
to be
solemnized
District in which
the other party
resides, when the
parties dwell in
different districts
James
Smith. Widower. Carpenter.
of full age. 16, Clive
Sreet.
23 days. Free Church of Scotland Church,
Calcutta. Martha Green. Spinster.
………
Minor. 20, Hastings
Street. More than a
month.
and that the declaration 1
[or oath], required by section 17 or 41 of the Indian Christian Marriage Act,
1872 (15 of 1872), has been duly made by the said (James Smith).
Date of notice entered
Date of Certificate given
Witness my hand, this
The issue of this certificate has not been prohibited by any person
authorized to forbid the issue thereof.
day of seventy-two.
(Signed)
This certificate will be void, unless the marriage is solemnized on or before the day of
[The italics in the Schedule are to be filled up, as the case may be, and the blank division thereof is
only to be filled up when one of the parties lives in another district].
1. Ins. by Act 1 of 1903, s. 3, and the Second Schedule.
23
SCHEDULE III
1
[(See sections 28 and 31)]
FORM OF REGISTER OF MARRIAGES
Quarterly Returns
of
MARRIAGES
FOR
Calcutta.
The Archdeaconry of Madras.
Bombay.
I, , Registrar of the Archdeaconry of Calcutta.
Madras.
Bombay.
do hereby certify that the annexed are correct copies of the originals and Official Quarterly Returns of
Marriage within the Archdeaconry
Calcutta,
Of Madras, as made and transmitted to me for the quarter,
Bombay,
commencing the day of ending the day
of in the year of Our Lord
[Signature of Registrar.]
Calcutta.
Registrar of the Archdeaconry of Madras.
Bombay.
Allahabad,
MARRIAGES solemnized at Barrackpore,
Bareilly,
Calcutta, etc., etc.
When
married
Names of parties
Year
Month
Day
Christian
Surname
Age
Condition
Rank or
profession
Residence at
the time of
marriage
Father’s name
and surname
By banns or
license
Signatures of
the parties
Signatures
Of two or more
witnesses present
Signature of the
person solemnizing
the marriage
1. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, for “(see section 28)”.
24
SCHEDULE IV
(See sections 32 and 54)
MARRIAGE REGISTER BOOK
Number
Names of Parties Age Condition Rank or
profession
Residence at
the time of
marriage
Father’s
name and
When married Christian surname
name
Surname
1
Day Month Year
James.
Martha.
White .
Duncan.
26
years.
17
years.
Widower.
Spinster.
Carpenter.
……..
Agra…
Agra…
William White.
John Duncan.
Married in the
This marriage was solemnized between us
James
White,
Martha
Duncan,
in the presence of us
John Smith.
John Green.
25
CERTIFICATE OF MARRIAGE
Number When married Names of Parties Age Condition Rank or
profession
Residence at
the time of
marriage
Father’s
name and
surname Christian
name
Surname
1
Day Month Year
James...
Martha...
White...
Duncan...
26
years.
17 years.
Widower...
Spinster
Carpenter
……….
Agra......
Agra......
William
White
Jhon
Duncan
Married in the
This marriage was solemnized between us
James White,
Martha Duncan,
in the presence of us John Smith.
John Green.
26
(SCHEDULE V.)
SCHEDULE V.—[Enactments repealed.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the
Schedule.