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In exercise of the powers conferred by section 14 of the Muslim Marriages and Divorces (Registration)
Act, 1974 (LII of 1974), the Government is pleased to make the following rules,
namely:— |
THE MUSLIM MARRIAGES AND DIVORCES
(REGISTRATION) RULES, 1975. |
1.
2.
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Short title—These rules may be called the Muslim Marriages and Divorces
(Registration) Rules, 1975.
Definitions.—In these rules.— |
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(a)
(b)
(c) |
"Act" means the Muslim Marriages and Divorces (Registration)
Act, 1974 (LII of 1974);
"Form" means form set out in the schedule to these rules;
"section" means a section of the Act, |
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3. |
Advisory
Committee.—(1) In each district there shall be an Advisory Committee
consisting of the following members, namely: |
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(a)
(b)
(c)
(d)
(e) |
the District Magistrate, ex-officio, who shall also be the
Chairman of the Committee:
the District Registrar, ex-officio, who shall also be the
Member Secretary;
the District Education Officer, ex-officio;
the Principal or Superintendent of a government Madrasah
of the district or, where there is no government Madrasah, the Head Moulavi of a
government High school of the school of the district to be nominated by the government;
and(2)
a Nikah Registrar of the district to be nominated by
the Government(3) |
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(2) |
The Member of the Parliament of the area in which a vacancy
in the office of Nikah Registrar occurs shall act as Adviser to the Advisory Committee. |
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4. |
Functions of the Advisory Committee—The Advisory Committee shall
advise the Government in regard to the selection of candidates for grant of
license of Nikah Registrar and shall also advise the Government on such question
as may be referred to it by the Government. |
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5. |
Procedure for selection of candidates—(1) On the occurrence
of a vacancy in the office of a Nikah Registrar or on the creation of a new office
of Nikah Registrar the Registrar may, with the approval of the Government issue
license to a qualified person to act as Nikah Registrar on purely temporary basis
until a Nikah Registrar is licensed by Government on regular basis and invite applications,
within one month from the date of issue of temporary license under this sub rule
for grant of permanent license of Nikah Registrar of that .office(4) |
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(1A)
(2)
(3)
(3A)
(4)
(4A)
(4B)
(5) |
For the purpose of inviting applications under sub rule (1), the date of
commencement of this sub rule shall be deemed to be the date of occurrence of vacancy
in the area for which temporary license has been issued but not covered under rule
5A; (5A)
The Registrar shall within fifteen days from the last date
of the receipt of applications under sub rule (1), place (6)
all applications received by him before the Advisory Committee for consideration and selection of candidates.
The Advisory committee shall select three candidates in order of priority for each office and the Registrar
shall forward the names of the selected candidates along with all applications and connected documents to the
Government.
Where the vacancy is caused due to the retirement or death of a Nikah Registrar, the Advisory Committee shall, in selecting candidates, give preference to the son or close relation, if any, of the Nikah Registrar retired or died (7).
The Government may grant license to any one of the three selected candidates, or may, for any special reason, grant license to any other person from amongst the other candidates, and the fact of granting such license shall be published in the official Gazette ((8).
The fee for the grant of license of a Nikah Registrar shall be taka five hundred, two hundred fifty and one hundred respectively in municipal Corporation, other municipality and union.
A license granted under this rule is renewable every after three years on payment of the fees specified under sub- rule (4A) and a license shall be liable to be revoked if it is not renewed within one month from the date of expiry of renewal date (9).
No license shall be granted unless the candidate selected for grant of license submit to the Government a copy of the receipted chalan showing the deposit of the license fee in any Government Treasury or sub- treasury under the Head "XXXVI--Misc --Nikah Registrar licence fee and Marriage and Talak Registration fees"(10). |
5A.
6. |
License of certain Nikah Registrars:— Not with- tanding anything contained in rule 5, any person acting as Nikah Registrar on temporary basis under rule 5 (1) on the date of commencement of this rule and have completed two years as such Registrar on the date of such commencement shall, subject to the provisions of rule 10, be granted licence as Nikah Registrar if, after scrutiny of his qualification certificates and records, the Advisory Committee finds that he fulfils the requisite qualification specified under rule 6 and his performance during the period of holding temporary licence is satisfactory (11).
Qualification, etc., of candidates.— (1) Candidates seeking license of Nikah Registrar must possess Alim Certificate from a Madrasha Board established under any law for the time being in force.
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(2)
(3) |
A candidate seeking license of Nikah Registrar must be of between 21 and 40 years of age.
No person shall be selected for a license of Nikah Registrar unless he is a resident of the area in which the vacancy occurs (12),
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7.
8. |
Form of Application— A candidate shall submit his application to the secretary of the Advisory Committee in From A, together with the certificates of his qualifications and two certificates, written not more than one year prior to the date of application from two gentlemen of respectability and position testifying to his good character.
Revocation, suspension and annulment of license—(1) A license granted under rule 5 (4) may be revoked or suspended on the ground of misconduct or on any other grounds specified in section 11. |
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Explanation—"Misconduct" includes contravention of any of the provisions of the Act or these rules, being Nikah Registrar of more than one area, (13) misrepresentation of facts of any kind and moral turpitude.
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(2)
(3)
(4)
(5)
(6)
(7) |
Where a license granted under rule 5 (4) is to be revoked or suspended, the Government shall issue a notice calling upon the Nikah Registrar concerned to show cause in writing within a specified time, why the proposed actions shall not be taken. The notice shall contain the allegations against the Nikah Registrar,
A notice shall be deemed to have been served if it is sent by registered post to the last known address of the Nikah Registrar concerned,
The Government shall examine the cause shown, if any, and pass such order as it may deem fit.
If no cause .is shown within the period specified in the notice issued under sub-rule (2) the Government may pass such order as it may deem fit,
Any Nikah Registrar aggrieved by an order under this rule may file a petition for review of the order to the Government within one month from the date of the passing of the order and an order passed on the review so filed shall be final.
A license shall, unless earlier revoked, stand annulled on the date on which the
license attains the age of 65 years. |
9.
10. |
Form of License— A license of Nikah Registrar shall be granted In Form B.
Jurisdiction— (1) The area for which a Nikah Registrar may be licensed shall be —
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(a)
(b)
(c) |
In the case of a Municipal Corporation, two to four wards;
In the case of other municipalities, three to five wards; and
In other cases, three to five unions. |
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(2) The provision of sub-rule (1) shall not affect the area of a Nikah Registrar licenced Immediately before the commencement of that sub-rule until he Is retired or his office otherwise falls vacant (14).
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COMMENTS: The Jurisdiction of a Nikah Registrar's area as was earlier fixed to a minimum of Jive unions (15) has further been reduced to a minimum of three unions by the amendment of the present rule by No SRO -12-AIN /93 dated 19.1,1Q93.
License granted to another Nikha Registrar for the same area during the subsistence of the license of the petitioner, held illegal (16). When more than one Nikah Registrars are appointed in one union, their area of work should be divided ward- wise (17).
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11.
12.
13.
14. |
Office. — The Nlkah Registrar's office shall be set up at some convenient and preferably at a central place within the jurisdiction of the Nlkah Registrar.
Resignation — No Nikah Registrar shall resign his office or leave the place in which he has exercised the functions of a Nikah Registrar without the permission of the Government.
Change of office.— When a Nikah Registrar makes or takes over charge of his office to or from any person, a certificate as to the surety and correctness of the records shall be jointly given by them on the date on which the office is made over or taken over and this certificate shall be forwarded by the Registrar to the Government.
Leave:— (1) The Registrar may grant leave to a Nikah Registrar up to two months, and when such leave is granted, shall report it to the Government.
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(2)
(3)
(4)
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When it is necessary to grant leave to a Nikah Registrar for a period exceeding two months or when leave already granted by the Registrar is required to be extended beyond two months, the sanction of the Government shall be required.
Nikah Registrars shall submit their application for leave to the Registrar six weeks before the date on which they intend to avail themselves of it.
Government may grant temporary license to person who is qualified for such license, to act as Nikah Registrar during the absence on leave of a Nikah registrar.
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15. |
Submission of charge report and return, of licenses on change of incumbent.— (1) As soon as the permanent incumbent resumes charges of his duties, he should for thwith forward to the Government through the Registrar his joining report and the license held by the officiating incumbent
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(2) |
A Nikah Registrar shall not be placed in charge of the office of another Nikah Registrar unless he h.as been licenced by the Government to hold charge of the latter office.
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16.
17.
18. |
Service of Nikah Registrar not Government service:— The service of a Nikah Registrar shall not be deemed to be Government service and no such service shall give rise to any claim for pension or gratuity or to leave allowances of any kind.
Holding of salaried appointment.— A Nikah Registrar shall not hold any salaried appointment other than an appointment in a mosque or in a non-Government school or madrasha situated within the area for which he has been licenced; (18).
Fees— (1) A Nikah Registrar may subject to a minimum of Taka Thirty (19) .and maximum of Taka two thousand (20), charge for registration of a marriage a fee of Taka five for the dower of every one thousand Taka or part thereof (21).
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(2)
(3)
(4)
(5)
(6)
(7)
(8) |
A Nikah Registrar may charge a fee of Taka fifty for registration of a divorce.] (22)
A Nikah Registrar may charge the following fees and allowances for registration of a marriage or divorce on commission
(a) commission fee—Taka [10]. (23)
(b) traveling allowance for execution of commission—Taka 1 per mile.
A Nikah Registrar may charge the following fees for copies and inspection:—
(a) for certified copy of any Nikah-Nama or Talak-Nama—
(i) Ordinary—Taka [5]. (24)
(ii) Urgent—Taka [10]. (25)
(b) for inspection of any register—Taka 1 for each year's register;
(c) for a copy of any entry in a register—Taka 1 for each page.
The fees for registration of a marriage shall be payable by the bridegroom and the fees for registration of a divorce shall be payable by the party at whose instance registration is made.
A Nikah Registrar shall grant a receipt in Form C to every person from whom he receives any fee or allowances under this rule.
(7) A table of fees and allowances payable under this rule shall be displayed in some conspicuous part of the office of every Nikah Registrar.
(26) * * * * * * * *
Five percent of the lees for the first one thousand taka and twenty five percent of the fees for the rest of the taka, but not exceeding taka two thousand realized under this rule shall be deposited by the Nikah Registrar in the Government treasury or sub-treasury under the Head "XXXVI-Misc-Nikah Registrar license fee" and a copy of the chalan showing the deposits shall be sent to the Government forthwith (27).
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19. |
Procedure before registration of marriage—(1) Before registration of a marriage a Nikah Registrar shall examine the parties to it for satisfying himself as to the effecting of the marriage by them or shall examine two witnesses, who were present at the solemnization of the marriage. If the woman be pardanashin, her duly authorized vakil shall be examined instead of herself.
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(2)
(3) |
In the case of a marriage solemnized by the Nikah Registrar himself, he shall fill up the columns of the Register of Marriage and obtain therein signatures of persons whose signatures are required in the Register and thereafter put his signature and seal therein. In case of an illiterate person his thumb impression shall be taken in the appropriate page of the Register, his name shall be written in full by an attesting witness.
When a marriage is solemnized by any person other than a Nikah Registrar such person shall report the matter within fifteen days to the Nikah Registrar within whose jurisdiction the marriage was solemnized. In such a case the person who solemnized the marriage shall appear before the Nikah Registrar concerned with the persons whose signatures are required in the Register for the purpose of registration of marriage.
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20.
21.
22.
23.
24. |
Procedure before registration of divorce.—Before registration of divorce, a Nikah Registrar shall satisfy himself whether or not such divorce was effected by the person or persons by whom it is represented to have been effected, and for such satisfaction he shall examine such person or persons. If any such person be a pardanashin woman, her duly authorized vakil shall be examined.
Appeal against refusal to register a marriage—A person, whose prayer for registration of a marriage has been refused by the Nikah Registrar, may prefer an appeal to the District Registrar within thirty days of such refusal and the order passed by the District Registrar on such appeal shall be final.
Place of Registration—Every marriage or divorce shall be registered by the Nikah Registrar within whose jurisdiction the marriage is solemnized or the divorce is effected (28).
Attendance' at marriages to be noted—Where a Nikah Registrar attends the celebration of a marriage, the fact of such attendance shall be noted in the Register of marriage.
Registers to be maintained by Nikah Registrars.—(1) Every Nikah Registrar shall maintain the following registers of marriages or divorces:— |
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(a)
(b)
(c)
(d)
(2)
(3) |
Book I— Register of marriages in Form D;
Book II—Register of divorces by husband in form E;
Book III—Register of divorces of the kind known as Khula in Form F;
Book IV— Register of divorces of the kind known as lalak— tafweez in Form G.
Every Nikah Registrar shall maintain a register of applications for inspections and copy in Form H.
A Nikah Registrar shall register a marriage or divorce in the appropriate register. |
25.
26. |
Cancellation of entries in a register.— If the parties to the registration of a marriage or divorce fail to put their signatures and thumb impressions in the register, all entries in the register relating to such marriage or divorce shall be cancelled by the Nikah Registrar under his signature stating the reasons therefore and any fees paid by the parties shall not be refunded.
Index Book.— (1) Every Nikah Registrar shall maintain an Index Book in Form—1.
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27.
28. |
Catalogue.— A catalogue in Form—H shall be maintained an< permanently preserved in all Nikah Registrars' offices, and on the occasion of transfer of records the officer receiving charge of the records shall compare them with the catalogue and certify therein their correctness. Whenever any of the records are transferred to the district office the fact shall be noted in the column of remarks together with the date of transfer.
Register, etc to be obtained on payment of prices— (1) A Nikah Registrar shall get from the Government on indent all registers, forms or books prescribed by these rules on payment of prices thereof fixed by the Government.
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(2) |
All indents by a Nikah Registrar shall be submitted to the inspector General of Registration through the Registrar together with chalans showing deposit of the prices of the registers, forms and books required by him in the local Treasury by the 15th day of July every year.
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29.
30.
31.
32.
33. |
Custody of Seals, Registers etc.—The seal of the office of a Nikah Registrar shall always remain in the personal custody of the Nikah 'Registrar and shall be made over with, the records to the Nikah Registrar who is licensed to act in his place whenever he ceases, either temporarily, or permanently, to exercise his functions.
Blank Forms, Registers etc.— A Nikah Registrar while leaving office on his retirement or revocation of license shall not be allowed to take away with him the blank forms, registers, books and other articles of the office; but the actual price of the same may be realized by him from his successor in office.
Certificate of closure of volume, etc— When a register is closed, a certificate to that effect shall be added at the close of the written portion, and a certificate showing the number of pages written upon shall be entered on the first page when a new Register is opened.
Preservation of registers, etc— Registers of Marriages, Registers of Divorces and Index Books shall be preserved for ever.
Nikah Registrar Association.— (1) Nikah Registrars may establish their Association at the national and district level.
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(2)
(3) |
Nikah Registrar Associations established under sub-rule (1) shall draw up their constitution and rules to elect their representatives.
Where there is more than one Association at the national level or in a district, the Government shall recognize one of them, which appears to it to have majority support of the Nikah Registrars of the country or, as the case may be, the district (29).
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COMMENTS: The right to form associations or unions, subject to reasonable restrictions imposed by law, has been guaranteed to every citizen under the provisions of the Constitution of the People's Republic of Bangladesh (30). The present rule 33 provides no new right to the Registrars, but in the sub- clause 3 of the rule 33 there is a stipulation that where there are more than one Association at the National or the District level, the government shall recognize one of them, which appears to have its majority support of the Nikah Registrars of the country or, as the case may be, the district. This is similar to the provisions for the recognition of Collective Bargaining Agent (CBA) as contemplated under sections 22 and 3-14 of the Industrial Relations Ordinance, 1969.
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34. |
Training of Nikah Registrars— (1) There may be arranged training programmes for the Nikah Registrars from time to time.
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(2)
(3) |
The National Nikah Registrar Association, by whatever name it may be called, shall, in consultation with the Government, select the subject and manner of training of Nikah Registrars (31).
The expenses incurred on account of the training under this rule shall be borne by the National Nikah Registrar Association.
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35. |
Collection of data of marriages and divorces— The National Nikah Registrar Association shall collect and submit to the Government, by the 31st January every year, the number of marriages and divorces registered in the country during the preceding year (32)
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32) |
Published in the Bangladesh Gazette (Extraordinary) on the 1st July, 1975 by No. S, R, O, 231-L/75/798 G IV/IA-2/74.
Clause (d) containing" The Public Relations Officer, ex-officer" was substituted by Notification No. SR.O 119-L/82/298 published on 14.12.1983, Part I Page 4954.
Amended by No S. R. O 19/L/83 Published in the Bangladesh Gazette (Extraordinary) on the 16th June, 1983.
Amended by S.R.O. No 12 -AIN / 93 dated 19.1.1993.
Inserted by ibid S.R.O dated 19.1.1993.
Amended by ibid S.R.O dated 19.1.1993.
Added by ibid S.R.O dated 19.1.1993.
Amended by no S.R.O 191-L /83 Published in the Bangladesh Gazette on the 16th June 1983.
Added by SRO No. 12- AIN/93 dated 19.1.1993.
Amended by S.R.O ibid dated 19.1.1993.
Inserted by ibid S.R.O dated 19.1.1993.
Substituted by ibid S.R.O dated 19.1.1993.
Amended by S.RO. 12 AIN/93 dated 19. 1. 1993.
Inserted by ibid S.R.O -12 AIN/93 dated 19.1.1993.
Kazi Akbar Hossain -Vs - Shamsuddln Ahmed, 31 DLR 430.
Syed Shariatullah -V«- Secretary, Dept. of Law, 1983 BCR 324.
Md. Shamsul Alam -Vs- Prov. E. Pak, 22 DLR 513; 10 DLR 802.
Substituted by S.R.O No.12-AIN / 93 dated 19.1. 1993.
Substituted by Ibid SRO dated 19.1.1993 for "Taka Twenty five".
Substituted for Taka one thousand by the SRO No 12-A1N /93 dated 19.1.1993.
Sub-Rule (1) of Rule 18 was Substituted by Notification No SRO 89-L /82 dated 1.3.1982.
Sub-rule (2) was substituted by Notification No. S. R. O 89-L/82 dated 1-3-1982.
This figure was substituted for the figure "8", ibid. S. R.O. dated 1.3.1982.
Figure "5" was substituted for the figure "3", ibid, S. R. O. dated 1. 3. 1982.
Figure "10" was substituted for the figure "5", ibid, SRO dated 1.3.1982.
Sub-rules (8) and (9) were omitted by Notification No. S. R, O. 185-L/76 dt. the 21st June, 1976.
Sub-Rule 8 was, again, added by S R O No. 12-AIN/93 on 19.1.1993.
The words "the husband or wife resides or" after "jurisdiction" have been omitted by SRO No. 191-L83 published in the Bangladesh Gazette (Extra-ordinary) on the 16th June. 1983
New section added by S.R.O No -12 AIN / 93 dated 19.1.1993.
Article 38 of the Constitution of the People’s Republic of Bangladesh .
Added by S. R.O No. 12 -AIN /93 dated 19.1.1993.
Added by ibid S.R.O dated 19.1.1993.
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