Vol. 14, Part I · pages 216–220
Dr. Ambedkar and the Hindu Code Bill
This text was extracted automatically from the OCR copy of Dr. Babasaheb Ambedkar: Writings and Speeches, so it may contain small errors. Always check the original page before quoting.
PDF page 216 (printed page 198)
DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES198
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PART IX.—MISCELLANEOUS
138. Power to make rules. —(1) The State Government may make rules
to carry out the objects of this Code.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may prescribe—
(i) the particulars relating to Dharmik marriages which may be entered
in the Hindu Dharmik Marriage Register and the manner in which and
the circumstances under which such entries shall be made;
(ii) the cases and areas in which particulars of Dharmik marriages shall
be compulsorily entered, and the punishment for any contravention
thereof;
(iii) the areas for which Marriage Registrars shall be appointed and
their duties and functions;
(iv) the manner in which Hindu Dharmik Marriage Register and the
Hindu Civil Marriage Notice Books shall be kept and the manner in which
notices of marriages under section 12 shall be published:
(v) the manner in which notices of applications under section 21 shall
be given:
(vi) the fees payable for the solemnization of any civil marriage or for
any other duties to be performed by the Registrar of Marriages:
(vii) the fees payable for the inspection of and for certified copies of
extracts from the Hindu Dharmik Marriage Register and the Hindu Civil
Marriage Certificate Book:
(viii) the form in which and the intervals within which copies of entries
in the Hindu Dharmik Marriage Register and the Hindu Civil Marriage
Certificate Book shall be sent to the Registrar Genial of Births, Deaths
and Marriages;
(ix) The person by whom, the form in which and the authority to which
notice of any marriage under section 24A may he given ;
(x) the particulars to be specified in applications for the recording of
adoptions;
(xi) the fees payable for recording adoptions;
(xii) the form in which the Register of Adoptions shall be maintained ;
and
(xiii) the manner in which copies of entries in the Register of Adoptions
may be certified.
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139. Amendments and repeals. —The enactments mentioned in the third
column of the First Schedule shall be amended to the extent specified in
the fourth column thereof, and the enactments mentioned in the third column
of the Second Schedule shall be repealed to the extent specified in the fourth
column thereof.
PDF page 217 (printed page 199)
DR. AMBEDKAR AND THE HINDU CODE BILL 199
PART IX.—MISCELLANEOUS
138. Power to make rules. —(1) The Provincial Government may make
rules to carry out the objects of this Code.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may prescribe—
(i) the particulars relating to sacramental marriages which may be
entered in the Hindu Sacramental Marriage Register and the manner in
which and the circumstances under which such entries shall be made;
(ii) the cases and areas in which particulars of Sacramental marriages
shall be compulsorily entered, and the punishment for any contravention
thereof;
(iii) the areas for which Marriage Registrars shall be appointed and
their duties and functions;
(iv) the manner in which Hindu Sacramental Marriage Register and
the Hindu Civil Marriage Notice Books shall be kept and the manner
in which notices of marriages under section 12 shall be published:
(v) the manner in which notices of applications under section 21 shall
be given:
(vi) the fees payable for the solemnization of any civil marriage or for
any other duties to be performed by the Registrar of Marriages:
(vii) the fees payable for the inspection of and for certified copies of,
extracts from the Hindu Sacramental Marriage Register and the Hindu
Civil Marriage Certificate Book:
(viii) the form in which and the intervals within which copies of entries
in the Hindu Sacramental Marriage Register and the Hindu Civil Marriage
Certificate Book shall be sent to the Registrar Genral of Births, Deaths
and Marriages;
(ix) the particulars to be specified in applications for the recording of
adoptions
(x) the fees payable for recording adoptions;
(xi) the form in which the Register of Adoptions shall be maintained;
and
(xii) the manner in which copies of entries in the Register of Adoptions
may be certified.
(161)
139. Amendments and repeals. —The enactment mentioned to the third
column of the First Schedule shall be amended to the extent specified in
the fourth column thereof, and the enactments mentioned in the third column
of the Second Schedule shall be repealed to the extent specified in the fourth
column thereof.
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PDF page 218 (printed page 200)
DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES200
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FIRST SCHEDULE
(See section 139)
AMENDMENTS
Year No. Short title Amendments
1 2 3 4
1872 III The Special Marriage 1. In the preamble, the words “and for persons
Act, 1872 who profess the Hindu, Buddhist, Sikh or
Jain a religion” shall be omitted,
2. In section 2, the words “or between persons
each of whom professes one or other of the
following religions, mat is to say, the Hindu,
Buddhist, Sikh or Jaina religions” shall be
omitted.
3. Sections 23, 24, * * * * * 25 and 26 shall
stand repealed.
PDF page 219 (printed page 201)
DR. AMBEDKAR AND THE HINDU CODE BILL 201
FIRST SCHEDULE
(See section 139)
AMENDMENTS
Year No. Short title Amendments
1 2 3 4
1872 III The Special Marriage 1. In the preamble, the words “and for persons
Act, 1872. who profess the Hindu, Buddhist, Sikh or
Jaina religion” shall be omitted.
2. In section 2, the words “or between persons
each of whom professes one or other of the
following religions, that is to say, the Hindu,
Buddhist, Sikh or Jaina religions” shall be
omitted.
3. Sections 23,24, except in so far as they effect
succession to agricultural land in Governors’
Provinces, and the whole of sections 25 and
26 shall stand repealed.
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PDF page 220 (printed page 202)
DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES202
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SECOND SCHEDULE
(See section 139)
REPEALS
Year No. Short title Extent of repeal
1 2 3 4
Central Acts
1866 XXI The Native Converts’ Marriage The whole, in so far as it, in its
Dissolution Act, 1866. application to Hindus, is inconsistent
with the provisions of this Code.
1923 XII The Hindu Inheritance (Removal The whole. * * * *
of Disabilities) Act, 1928.
1929 II The Hindu Law of Inheritance Do.
(Amendment) Act, 1929.
1937 XVIII The Hindu Women’s Right to Do.
property Act, 1937.
1946 XIX The Hindu Married Women’s Do.
Right to Separate Residence
and Maintenance Act, 1946.
1946 XXVIII The Hindu Marriage Disabilities Do.
Removal Act, 1946.
State Acts
1933 XXI The Madras Nambudri Act, 1932 The whole except as provided in
Parts V and VII.
1933 XXII The Madras Marumakkattayam Do.
Act, 1932.
1949 IX The Madras Aliyasantana Act, Do.
1949.
(Kollom year)
1100 II The Travancore Nair Act, 1100. Do.
1100 III The TravancoreEzhava Act, 1100. Do.
1101 VI The Nanjinad Vellala Act, 1101. Do.
1106 III The Travancore Malayala The whole except as provided in
Brahmin Act, 1106. Part VII.
1108 VII The Travancore Kshatriya Act, The whole except as provided in
1108. Parts V and VII
1115 VII The Travancore Krishnavaka
Marumakkathayee Act, 1115. Do.
1107 VIII The Cochin Thiyya Act, 1107. Do.
1113 XXIX The Cochin Nayar Act, 1113. Do.
1113 XXXIII The Cochin Marumakkathayam Do.
Act, 1113.
1114 XVII The Cochin Nambudri Act. 1114. The whole except as provided in
Parts VII.
1115 XVII The Cochin Makkathayam Thiyya The whole.
Act, 1115.