Marriage Registration (Amendment) Act 2013

This Act may be cited as the Marriage Registration

(Amendment) Act, No. 22 of 2013 and shall be deemed to have come into operation on January 1, 2013.

Section 24 of the Marriage Registration Ordinance

(Chapter 112) (hereinafter referred to as the “principal enactment”) is hereby amended by the repeal of subsection (6) of that section, and the substitution therefor, of the following subsection :—

“(6) Every notice to a Registrar of a Division or to a

District Registrar as the case may be, under subsection (1), (2) or (3) of section 23 or every notice under subsection (4) thereof, shall be accompanied by a receipt issued by the Registrar of such Division or such District

Registrar as the case may be, in proof of payment of a sum of rupees ten or a sum of rupees thirty respectively or such other amount as may be prescribed by the Minister from time to time.”.

Section 27 of the principal enactment is hereby amended by the repeal of subsection (4) of that section, and the substitution therefor, of the following subsection :—

“(4) Where the declaration is made before the District

Registrar, the party making the declaration shall pay rupees one hundred or such amount as may be prescribed by the Minister from time to time, and where the declaration is made before the Registrar of a Division it shall be accompanied by a receipt issued by the District

Registrar in proof of payment of a sum of rupees one hundred or such amount as may be prescribed.”.

Section 34 of the principal enactment is hereby amended by the repeal of subsection (5) of that section, and the substitution therefor, of the following subsection :—

“(5) The minister shall, within seven days from the date of the solemnizing of the marriage, separate from the register book the duplicate statement of the marriage and transmit the same to the District Registrar within whose district the marriage was solemnised together with a fee specified in the second schedule to this Act, as may be prescribed by the Minister from time to time, which is payable to such Registrar for the registration of such marriage.”.

Section 38 of the principal enactment is hereby amended by the repeal of subsection (2) of that section, and the substitution therefor, of the following subsection :—

“(2) In case the female party belongs to a class other than that described in the preceding subsection or is in the opinion of the District Registrar, not entitled to the benefits of that subsection, it shall be lawful for the District

Registrar upon the application of one of the parties to the intended marriage, and which application shall be accompanied by a receipt issued by the District Registrar in proof of payment of a sum of rupees three thousand five hundred or such other amount as may be prescribed by the Minister from time to time, to issue a licence empowering a registrar to solemnise the marriage at such place and hour as the parties may prefer and as they may be named in this licence.”.

Section 51 of the principal enactment is hereby amended by the repeal of subsection (2) of that section, and the substitution therefor, of the following subsection :—

“(2) The applicant shall pay in respect of every written application and in respect of every certified copy or certified extract thereof such amount as may be prescribed by the Minister from time to time.”.

Section 62 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for the words “the fees enumerated in the second schedule”

of the words “the fees enumerated in the second schedule which may be prescribed by the Minister from time to time,”.

The Second Schedule to the principal enactment as last amended by Act, No. 36 of 2006, is hereby repealed and the following schedule substituted therefor :—

“SECOND SCHEDULE

(Section 62)

For what Duty

Payable to

Payable

Amount whom by whom

(Rs.)

1

Entering a notice

Registrar

Applicant of marriage at his office or at any other place 100.00 2

Entering a notice

Additional

Applicant of marriage at his

District office or at any

Registrar or other place

District

Registrar 100.00 3

Issuing Registrar’s

Registrar

Parties to certificate on a notice marriage of marriage 100.00 4

Issuing Registrar’s

Additional

Parties to certificate on a notice District marriage of marriage

Registrar or

District

Registrar 100.00 5

Solemnising

Registrar

Parties to marriage in his marriage office 750.00

Amendment of section 62 of the principal enactment.

Replacement of the second schedule to the principal enactment.

6

Registration of

District

Parties to marriage solemnised

Registrar marriage in registered place of public worship 750.00 7

Solemnising

Additional

Parties to marriage in his

District marriage office

Registrar or

District

Registrar 750.00 8

Solemnising

Registrar

Parties to marriage outside his marriage office under section 38 1500.00 9

Solemnising

Additional

Parties to marriage outside his

District marriage office under

Registrar or section 38

District

Registrar 1500.00”.

Any fees charged or collected by or on behalf of the

Registrar-General or any person authorised under this Act, for any purpose authorised by this Act to charge or collect, during the period commencing on January 1, 2013 and ending on the date on which the certificate of the speaker is endorsed in respect of this Act, shall be deemed to have been validly charged or collected by the Registrar-General or by any such person authorised under this Act:

Provided that, the aforesaid provisions shall not affect any decision or Order made by any Court or any proceedings pending in any Court in respect of any fee charged or collected during the aforesaid period.

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.