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Introduced On 27.08.2018 (As Introduced in The Senate)

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Introduced on 27.08.

2018
[AS INTRODUCED IN THE SENATE]
A
BILL

to prohibit ostentatious displays and wasteful expenses in marriages and


ceremonies relate thereto

WHEREAS it is expedient to discourage the trend of organizing expensive


marriage functions and excessive displays in marriages in the Islamabad Capital
Territory and for the matters connected therewith and ancillary thereto;

It is hereby enacted as follows:-

1. Short title, extent and commencement.─ (1) This Act may be called
the Marriage Functions (Prohibition of Ostentatious Displays and Wasteful
Expenses) Act, 2018.

(2) It shall extend to the Islamabad Capital Territory.

(3) It shall come into force at once.

2. Definitions.─ In this Act, unless there is anything repugnant in the subject


or context,—

(a) “bridal gift” means any property given as a gift on the eve of the
marriage ceremony either directly by the parents of bridegroom or
parents of the bride or any other member of the family or any other
person, friend to either party or their parents in connection with
marriage but it does not include Mehr;

(b) “Government” means the Federal Government;

(c) “house” means a private residence;

(d) “marriage ceremony” means any gathering under nikkah, baarat


and valima solemnized under any sect or religion and includes a
ceremony, preceding and succeeding the formal wedding, whether
religious or social rituals such as mayun, mehndi (rasm-e-
hina), barat, nikah, rukhsati or walima;

(e) “one dish” means one salan, one rice dish, one salad, hot and cold
drinks, roti, nan and one sweet dish;
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(f) “parents” includes the guardian of a party to a marriage and any


person who provides for dowry or bridal gifts, and in the case of a
party to a marriage who has no parents or whose marriage is
solemnized in circumstances in which or at a place at which no parent
is present, such party;

(g) “prescribed” means prescribed by rules made under this Act;

(h) “public place” means a wedding hall, club, hotel, restaurant,


community centre, community park, marquee or any open space, a
private residence other than house, farm house or any other private
property hired for a marriage; and

(i) “reasonable celebration” means a celebration which does not cause


the public nuisance defined in section 268 of the Pakistan Penal Code,
1860 (XLV of 1860).

3. Prohibition of Ostentatious Celebrations.─ A person celebrating his


marriage or organizing the marriage of any other person shall not,─

(a) decorate or cause to be decorated any street, road or public park or


any place other than the building, where marriage ceremony is being
held, with lights or illumination;

(b) explode or allow anyone to explode crackers or other explosive device


including firing by firearms;

(c) display or allow anyone to display fireworks;

(d) display or allow any person to display dowry to the public eye; and

(e) cause or allow any person to cause nuisance or disturbance to the


neighborhood beyond reasonable celebration.

(2) Nothing contained in sub-section (1) shall prohibit the use of such
lights as are ordinarily necessary to light the house or any other place being the
site of marriage.
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4. Restriction on edibles.─ A person celebrating his marriage or the marriage of
any other person or organizing the marriage of any other person at a public place shall
not serve or allow anyone to serve meals or other edibles except one dish to the
persons participating in the marriage:

Provided that nothing contained in this section shall apply to the eating of
meals within the house by the members of family celebrating the marriage or the
house guests.

5. Disposal of food and other edibles.─ The food and other edibles procured,
prepared, arranged or set for serving to the extent of contravention of this Act shall
be forfeited and disposed of in such manner as may be prescribed.

6. Restrictions on bridal gifts and presents.─ (1) The aggregate value of


the bridal gift amount or articles given to the bride by her parents or any other
family member shall not exceed the amount of five hundred thousand rupees.

(2) Nothing in sub-section (1) shall apply to a bride gift given by husband
to his wife and such bridal gift shall be the absolute property of the wife under the
provision of this Act and cannot be snatched away.

7. Restrictions on usage of loud speaker during marriage ceremony.─ In


case of usage of loud speaker in rukhsati, barat, mehndi, valima or nikkah, the
sound should be restricted to indoor premises, as possible of the house or public
place.

8. Obligation of hotels, restaurants, etc.─ A person owning, managing or


running a public place, being the site of marriage, or a caterer shall not serve or
allow anyone to serve meals or other edibles to the persons participating in the
marriage except as provided in section 4 of this Act.

9. Closing of marriage functions.─ A person owning, managing or running a


public place, being the site of a marriage, shall ensure conclusion of all ceremonies
relating to the marriage on or before 10:00 pm.

10. Committees.─ (1) The Government may, by notification in the Official


Gazette, constitute one or more committees for the enforcement of the provisions
of this Act.

(2) The committee constituted under subsection (1) shall perform such
functions in such manner as may be prescribed.
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11. Contravention of the provisions of this Act.─ Whosoever contravenes


the provisions of this Act shall be guilty of an offence punishable with simple
imprisonment for a term which may extend to one month or with fine which shall
not be less than one hundred thousand rupees or with both.

12. Snatching away bridal gift given by husband.─ Whosoever snatch away
the bridal gift given by husband to his wife shall be guilty of an offence punishable
with simple imprisonment for a term which may extend to three months or with fine
which shall not be less than two hundred thousand rupees or with both.

13. Demanding dowry articles or amount.─ Whosoever from bridegroom


family, or any other on their behalf ask or force bride’s family for dowry amount or
articles shall be punished with imprisonment for a term which may extend to three
months or with fine which shall not be less than three hundred thousand rupees or
with both.

14. Action to be taken against father or male guardian.─ If both the


parents of a party to the marriage contravene, or fail to comply with, any provision
of this Act or Rules made under this Act, action shall be taken against father or
male guardians of the party to the marriage.

15. Cognizance of Offences. ─ (1) Subject to this section, an offence under


this Act shall be bailable and cognizable on a complaint by an officer notified by the
Government.

(2) A Magistrate of the first class shall summarily try an offence under this
Act in accordance with the provisions of Chapter XXII of the Code of Criminal
Procedure, 1898 (V of 1898) on the report of the officer notified by the
Government.

(3) The Police shall associate the officer notified by the Government while
entering a public place where marriage is being held for taking cognizance of an
offence under this Act on a complaint of the notified officer.

16. Removal of difficulties.─ If any difficulty arises in giving effect to any


provision of this Act, the Government may make such order not inconsistent with
the provisions of this Act as may appear to it to be necessary for the purpose of
removing such difficulty and such power may be exercised upto two years after the
commencement of this Act.
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17. Rules.─ The Government may, by notification in the official Gazette, make
rules for carrying out the purposes of this Act.

18. Repeal.─ The Marriage Functions (Prohibition of Ostentatious Displays and


Wasteful Expenses) Ordinance 2000 (II of 2000) is hereby repealed.

STATEMENT OF OBJECTS AND REASONS

Marriage ceremony is a sacred event in all societies in general and in Muslim


society in particular. Marriage or Nikah is a Sunnah of the Holy Prophet (Peace be
upon Him) and great sanctity is attached to this ritual of Islam. Unfortunately in
Pakistan, this sacred ritual of Islam has become too much costly and too much
difficult that the poor segment of society cannot organize marriage ceremony due
to some bad practices prevailing in the country. These bad practices include
ostentatious displays, wasteful expenses, huge dowry amount and bridal gifts. Due
to these bad practices, huge amount of money is spent by the people
unnecessarily. On the other hand the poor and middle class population cannot get
their daughters and sons married due to these expenses.

2. In this Bill, provisions have been made for eradication of these bad practices.
Penal provisions have been provided for those who are indulged in such bad
practices and who are making ostentatious displays and wasteful expenses on
marriage. This Bill will make the ceremonies of marriages simple and will bring it
into the capacity of the middle and poor class of the society.

3. The Bill has been designed to achieve the aforesaid objectives.

SENATOR MUHAMMAD AZAM KHAN SWATI


Member-in-Charge

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