Muslim Marriage and Divorce (Amendment)

Muslim Marriage and Divorce (Amendment) AN ACT TO AMEND THE MUSLIM MARRIAGE AND DIVORCE ACT. BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and he House of Representatives of Ceylon in this present Parliament assembled, and by the authority of the name, as follows: – Short title. 1. This Act may be cited as the Muslim Marriage and Divorce (Amendment) Act, No. 32 of 1969. Amendment of section 9 of Chapter 115. 2. Section 9 of the Muslim Marriage and Divorce Act, hereinafter referred to as the “principal Act “, is hereby amended in sub-section (1) thereof, by the substitution, for the words ” other sufficient cause,”, of the words ” other sufficient cause, or is dead or has resigned or retired from office,”. Amendment of section 15 of the principal Act. 3. Section 15 of the principal Act, as amended by Act No. 1 of 1965, is hereby further amended as follows: – (1) In sub-section (4) thereof, by the substitution, for the words ” in any special circumstances and on the recommendation of the Registrar- Genera,”, of the words ” in any special circumstances,”; and (2) in sub-section (5) thereof, by the substitution, for the words ” Registrar-General “, of the words ” Judicial Service Commission “. Replacement of section 33 of the principal Act. 4. Section 33 of the principal Act is hereby repealed and the following new section substituted therefor:- Certain powers of district Registrar under action 32 Exercisable by Registrar. General. 33. The powers conferred on a District Registrar under section 32 in relation to Registrar under the rectification of erroneous particulars relating to a marriage or divorce, may be exercised by the Registrar-General. ” Amendment of section 40 of the principal Act. 5. Section 40 of the principal Act is hereby amended by the substitution, for all the words from ” any of the books or registers ” to the end of that section, of the words ” any such books or registers, or the conduct of any of the registrars.”. Amendment of section 61 of the principal Act. 6. (1) Section 61 of the principal Act is hereby amended by the substitution, for the expression ” section 32 or section 67 “. of the expression ” section 32 “. (2) The provisions of sub-section (1) of this section shall be deemed to have come into effect on the seventh day of July, 1965. Replacement of section 67 of the principal Act. 7. Section 67 of the principal Act is hereby repealed and the following section substituted therefor:- ” Transfer of proceedings from one Quazi to another. 67. Where it appears to the Judicial Service Commission, on the application of any party to, or any person interested In, any proceedings Instituted or to be instituted under this Act before a Quazi that a fair and impartial inquiry cannot be had before such Quazi, or where Quazi himself makes an application i: that behalf to the said Commission, the Commission may order that such proceedings be Instituted before and heard by special Quazi appointed in that behalf be the Commission under section 14 and, in the event of any such order being made any proceedings taken before the firs’ mentioned Quazi in respect of the matter to which such application relates shall be of no effect. “. Retrospective effect of new section 67. 8. (1) The new section 67 inserted in the principle Act by section 7 shall be deemed to have come in effect on the seventh day of July. 1965, and accordingly, any order made under the repealed section by the Judicial Service Commission between the aforesaid day and the date of commencement of the Act shall be deemed at all times to have been and to valid. (2) In this section, ” Judicial Service Commission ” means the Judicial Service Commission referred to in section 53 of the Ceylon (Constitution Order in Council, 1946; Amendment of section 89 of the principal Act, 9. Section 89 of the principal Act is hereby amended in sub-section (2) thereof, by the substitution, for the words ” Registrar-General. “, of the words ” Attorney-General. “.