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The Maharashtra Dowry Prohibition Rules, 2003

Published vide Notification No. MIS. 1099/CR-58/D-2, dated 3rd November, 2003 Published in M.G.G., Part 4A, dated 18.12.2003, pp. 409-420

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(a) "Act" means the Dowry Prohibition Act, 1961 (28 of 1961);

(b) "Advisory Board" means a Board constituted under sub-section (4) of section 8B of the Act;

(c) "Chief Dowry Prohibition Officer" means an officer of the State Government entrusted with the duties and responsibilities under these rules;

(d) "District Magistrate" and "Complaints" shall have the same meaning as respectively assigned to them and defined under the Code of Criminal Procedure, 1973 (2 of 1974);

(e) "Dowry Prohibition Officer" means a person appointed by the State Government under sub-section (1) of section 8B of the Act;

(f) "Police Officer" means an officer in the State Police Department;

(g) "Probation Officer" means a District Probation Officer or Additional District Probation Officer or City Probation Officer appointed as such under the Probation of Offenders Act, 1958 (Act 20 of 1958);

(h) "Recognised Welfare Institution or Organisation" means an institution or organisation recognised as such under sub-clause (ii) of clause (b) of sub-section (1) of section 7 of the Act;

(i) "State Government" means Government of Maharashtra;

(j) Words and expressions used in these rules, but not defined, shall have the meanings, respectively assigned to them in the Act.

(i) Every Government servant shall after his marriage furnish a declaration stating that he has not taken any dowry to Head of Department. The declaration shall be signed by the wife and father and father-in-law, if alive.

(ii) One specified day in a year to be observed as Dowry Prohibition Day.

(iii) Pledge to be administered to the students in schools and colleges and other institutions not to give or take dowry.

(i) He shall endeavour to create awareness among the public by organising camps, publicity through Information and Broadcasting Department Panchayat Samiti and other media against dowry and to involve local people, for prevention of dowry.

(ii) He shall conduct surprise checks and discrete inquiries to ascertain whether there has been any violation of the provisions of the Act or Rule made thereunder.

(iii) He shall receive complaints for any offence under the Act from the party or person aggrieved or any other person, institution or organisation.

(iv) He shall maintain a register for the purpose of the Act to record all complaints, inquiries and results thereof and other relevant information connected therewith in the prescribed Form No. 1 appended to these rules. He shall also maintain separate files with relevant records for each individual case.

(v) He shall act as the Member-Secretary Convenor of the Advisory Board. He shall maintain regular contact with the members of the Advisory Board for necessary advise and assistance from them. He shall inform the District Magistrate or any other person authorised by the State Government for the purpose, about all the affairs relating to the operation of the Act, as and when necessary.

(vi) He shall keep in his custody all the lists of presents submitted by the parties to any marriage and make entries relating thereto in a Register to be maintained for the purpose. He shall also examine these lists and ensure compliance of the provisions of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.

(vii) He shall discharge his duties with due care, decorum, privacy and in a manner to uphold the dignity and harmony of family relationship.

(viii) His approach shall be primarily preventive and remedial and prosecution shall be recommended or resorted to only if all other measures and directions are found ineffective or parties fail to comply with the orders or directions within the stipulated period.

(ix) Every such complaint received by the Dowry Prohibition Officer shall be serially numbered and duly registered in a Register in Form No. II appended to these rules.

(x) He shall scrutinise the complaint and if it is found that the nature and the contents of the complaint is prima facie coming within the purview of sections 3, 4, 4A, 5 or 6 of the Act, he shall immediately conduct an inquiry to collect such evidence from the parties as to the genuineness of the complaint.

(xi) He shall send quarterly report to the Chief Dowry Prohibition Officer as to the number of complaints received by him under the Act and the action taken or the nature of settlement of the issue in Form No. II appended to these rules.

(xii) He shall conduct an, on the spot investigation and can collect such evidence either oral or in writing from the parties of witnesses or he can fix up a hearing of the parties and witnesses in his office or in a place convenient to him without causing much inconvenience or hardship to the parties.

(xiii) He shall intimate or serve notices to the parties and witnesses of the date, time and place of hearing of the complaints in Form No. Ill appended with these rules.

(xiv) Every petition shall be enquired into and heard and come to a finding within a month from the date of its receipt.

(xv) Where on the date fixed for hearing of the complaint or application or on any other date to which such hearing is adjourned, the complainant or the applicant does not appear, the Dowry Prohibition Officer, may in his discretion either dismiss the complaint or application for default or hear and come to a finding as to its merit, which shall be recorded in the case file.

(xvi) He may utilize the services of District Probation Officers of Additional District Probation Officers or City Probation Officers of the area for collecting information or conducting enquiries or assisting in any stage of enquiries or proceedings relating to a complaint or application made under the Act.

(xvii) On receipt of requisition from the Dowry Prohibition Officer, the Probation Officer shall conduct necessary enquiries, collect information and furnish such details or report promptly as requested by him.

(xviii)Where any dowry is received by any persons other than the woman and a complaint is received in respect of non-transfer of such dowry to the woman who is entitled to it in accordance with section 6 of the Act, the Dowry Prohibition Officer shall issue directions to the parties to transfer the same within the stipulated time.

(xix) He is empowered to make necessary inquiries regarding non-observance of the provisions of the Act in respect of the marriages held or proposed to be held within his jurisdiction; and may visit the marriages by specifically informing to the concerned persons that he is likely to visit the marriage ceremony along with his staff and police officers to see that the parties are not contravening the provisions of the Act.

(xx) He shall ascertain and confirm by suitable means in respect of as many number of marriages as are held within his jurisdiction as to whether the provisions of the Act are being followed and are not being contravened.

(xxi) He shall while making enquiries under the Act or when he attends any marriage for the purposes of making enquiries, take the assistance of any police officer or other officers to assist him in the performance of his functions and it shall be the duty of the Police Officer to render all assistance required by him.

(xxii) He shall render assistance to the police in investigating the complaint filed under the Act and the Court in the trial of the case.

(xxiii) He shall seek the guidance of Advisory Board in matters relating to his functioning under the Act.

(xxiv) The Dowry Prohibition Officer in the capacity of Member-Secretary/Convenor of the Advisory Board shall send a copy of the proceeding 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.

(xxv) He shall also perform such other duties as may be assigned in this regard by the State Government.

(a) Social Welfare including care, protection and training of women;

(b) Organisation of Women of a State vide or All India character, Prominent Mahila-Samaj's or Women's Organisation;

(c) Social Defence including care and protection of Destitute, Rescued women and children: and

(d) Any organisation of lawyers' interested in eradicating social evils.

(a) remaining absent at three consecutive meeting of the Board without sufficient reasons; or

(b) he is removed for other reasons to be assigned by the State Government.

Form I

(See rule 5(iv))

Register of Complaints/Petitions

Form II

[See rule 5(ix) and (xi)]

Quarterly Progress Report Regarding the Implementation of Dowry Prohibition Act, 1961

Dowry Prohibition Officer.

Form III

[See rule 5(xiii)]

Notice to Appear Before Dowry Prohibition Officer

Whereas your attendance is necessary to collect information and gather evidence to a complaint of............. (state shortly the alleged offence) you are hereby required to appear in person before the Dowry Prohibition Officer on the day of............at (time) in the Office of the ...........

Dowry Prohibition Officer.

(Office Seal).

Form IV

[See rule 10(2) and (4)]

Form of Application for Recognition of Welfare Institution/Organisation

1. Name of the Welfare Institution/Organisation :

2. Full Address :

3. Aims and Objectives :

4. Name and Address of the Head of the Institution/Organisation :

5. Brief Account of its activities :

6. Justification for granting recognition :

7. Has any such application been made previously, if so its results together with its date, month and year :

8. Any other particulars :

(1)

(2)

(3)

Signature of the Head of the
Welfare Institution/Organisation.

Form V

[See rule 10(4)]

Form of Application for Renewal of Certificate of Recognition

1. Name of the Welfare Institution/Organisation :

2. Full Address :

3. Brief Account of the achievements during last five years :

4. Name and Address of the Head of the Institution/Organisation :

5. Certificate No., Date from which registration is granted and Date of Expiry of Recognition :

6. Any other particulars :

Signature of the Head of the
Welfare Institution/Organisation.

Notification