Punjab Dowry Prohibition Rules,
2004
[13th August, 2004]
No. G.S.R. 50/C.A.28/61/Section 10/2004. - In exercise of the powers conferred by
Section 10 of the Dowry Prohibition Act, 1961 (Central Act 28 of 1961), and all
other powers enabling him in this behalf, the Governor of Punjab is pleased to
make the following rules to prohibit the giving or taking of dowry, namely, -
Rule 1. Short title and commencement.?
(1)
These rules may be called the Punjab Dowry Prohibition Rules, 2004.
(2)
They shall come into force on and with effect from the date of their
publication in the official Gazette.
Rule 2. Definitions.?
In these rules, unless the context otherwise
requires, -
(a)
"Act"
means the Dowry Prohibition Act, 1961 (Central Act 28 of 1961);
(b)
"Advisory
Board" means a Board appointed by the State Government under sub-section
(4) of Section 8B to advise and assist the Dowry Prohibition Officers;
(c)
"Director"
means the Director of the Department of Social Security and Development of
Women and Children, Punjab;
(d)
"District
Magistrate" and "Complaints" shall have the same meaning as
respectively assigned to them in the Code of Criminal Procedure, 1973 (Central
Act 2 of 1974);
(e)
"Dowry
Prohibition Officer" means an officer appointed as such by the State
Government under sub-section (1) of Section 8B;
(f)
"Form"
means a form appended to these rule;
(g)
"Police
officer" shall have the same meaning as assigned in the Code of Criminal
Procedure, 1973 (Central Act No. 2 of 1974);
(h)
"Probation
Officer" means an officer defined and appointed as such under the
Probation of Offenders Act, 1958 (Central Act 20 of 1958);
(i)
"Recognised
Welfare Institution or Organisation" means an institution or organisation
recognized as such under sub-clause (ii) of clause (b) of sub-section (1) of
Section 7;
(j)
"section"
means a section of the Act;
(k)
"State
Government" means the Government of the State of Punjab in the Department
of Social Security and Development of Women and Children; and
(l)
the words
and expressions used in these rules, but not defined, shall have the same
meaning as assigned to them in this Act.
Rule 3. Additional functions to be performed by the Dowry Prohibition Officer.?
Apart from the functions conferred under clauses
(a), (b) and (c) of sub- section (2) of Section 8-B, the Dowry Prohibition
Officer shall perform the following additional functions, namely :-
(a)
He shall
endeavour to create awareness not to give and take dowry among the public by
various means.
(b)
He shall
maintain a register for the purpose of the Act to record all complaints,
enquiries and the results thereof and other relevant information connected
therewith in Form No. I and shall also maintain separate files containing
relevant records of each individual case.
(c)
He shall act
as a Member Secretary-cum-Convener of the Advisory Board and shall maintain
regular contact with the members of the Advisory Board. He shall send a copy of
the proceedings of each meeting of the Advisory Board, within a fortnight from
the date of meeting to the District Magistrate with a copy to the State
Government for information and necessary action.
(d)
He shall
discharge his duties with due care, decorum, privacy and in a manner to uphold
the dignity and harmony of family relationships.
(e)
The approach
of the Dowry Prohibition Officer shall primarily be suggestive, preventive and
remedial nature and he will recommend prosecution only as a last resort when
all other measures prove to be ineffective.
(f)
He shall
scrutinize the complaint and if it is found that the nature and the contents of
the complaint apparently fall within the purview of Sections 3 or 4 or 4A or 5
or 6 he shall immediately conduct an enquiry to collect such evidence from the
parties as to the genuineness of the complaint. In case the complaint is found
to be genuine, then he shall conduct investigation and collect such evidence,
either orally or in writing from the parties or witnesses or he can fix up a
hearing of the parties and witnesses in his office or at a place convenient to
him without causing inconvenience or hardship to the parties.
(g)
He shall
send quarterly reports to the Director, in Form-II and intimate the parties and
witnesses of the date, time and place of hearing of the complaint in Form-III.
Every complaint shall be enquired into within a period of one month from the
date of its receipt.
(h)
For the
purpose of inquiring any complaint, the Dowry Prohibition Officer may seek the
help and services of the Probation Officer of the area concerned in order to
collect any relevant information. The Probation Officer shall provide necessary
information as and when the same is required by the Dowry Prohibition Officer.
(i)
The Dowry
Prohibition Officer may also seek assistance from any Police Officer while
discharging his functions and duties under these rules.
Rule 4. Limitations and Conditions on the functions of Dowry Prohibition Officer.?
The powers of a Police Officer conferred under
sub-section (3) of Section 8-B upon the Dowry Prohibition Officer, shall be
exercised by him subject to the limitations and conditions as specified in
clauses (d) and (e) of rule 3 of these rules.
Rule 5. Procedure for Prosecution of Offenders.?
In all cases of complaints investigated by the
Dowry Prohibition Officer, when there is a prima facie finding as to the commission of an offence, the
report shall be submitted to the Judicial Magistrate of the First Class having
jurisdiction for prosecuting the offenders along with the statement recorded,
all other connected documents of the proceedings and a brief account of his
findings. This report shall be deemed to be a report under Section 173 of Code
of Criminal Procedure, 1973 (Central Act 2 of 1974).
Rule 6. Protection of action taken in good faith.?
No suit or other legal proceeding shall lie against
the State Government, Advisory Board, Dowry Prohibition Officer, Police
Officer, Probation Officer or any person rendering assistance, in respect of
anything, which is done in good faith in pursuance of the Act or the rules made
thereunder.
Rule 7. Repeal and Savings.?
The Punjab Dowry Prohibition Rules, 1999, are
hereby repealed :
Provided that such repeal shall not affect -
(a)
The previous
operation of the rules so repealed or anything duly done or suffered
thereunder; or
(b)
any
obligation or liability accrued or incurred under the rules so repealed; or
(c)
any legal
proceedings or remedy in respect of any obligation or liability as aforesaid;
or
(d)
any such
legal proceedings or remedy may be continued to enforced, as if these rules had
not been made.
Rule 8. Interpretation.?
If any question arises relating to the
interpretation of these rules, the same shall be decided by the State
Government.
Form ? I
[See rule 3(b)]
Register of Complaints
|
Serial No.
|
List of
Complaints
|
Name and
address of petitioner
|
Relationship
with the married couple
|
Date of
marriage fixed or held
|
Date of
receipt of petition/complaint
|
Date of
hearing
|
Nature of
disposal
|
Initials
of Officer
|
Remarks
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
|
|
|
|
|
|
|
|
|
|
Form ? II
[See rule 3(g)]
Quarterly Progress Report
|
Serial No.
|
Details of
complaints received
|
From whom
Name and address
|
Nature of
Complaints
|
Date of
Registration
|
Action
taken
|
Nature of
settlement of issue
|
Dated
initials of the officers
|
Remarks
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
|
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|
|
|
|
|
|
|
|
Dowry Prohibition Officer
Form ? III
[See rule 3 (g)]
Intimation to Appear Before Dowry
Prohibition Officer
To
(Name of person against whom complaint has been
received and address)
No. ___________________ Dated :
Whereas your attendance is necessary to collect information
and further evidence to a complaint of _______________ (state shortly the
alleged offence). You are, therefore, required to appear in person before the
Dowry Prohibition Officer on ________ at __________ (time) in the office of the
_____________ (Place),.
Dated the __________ day of __________
200__________, Dowry Prohibition Officer,
(Office Seal)