Bare Acts Live

The M.P. Dowry Prohibition Rules, 2004

Published vide Notification No. F-10-9-2003-L-2., in M.P. Rajpatra dated 25-6-2004 at p. 450(6)

mp224

(a) "Act" means the Dowry Prohibition Act, 1961 (No. 28 of 1961);

(b) "Advisory board" means an advisory board constituted in accordance with sub-section (4) of Section 8-B of the Act, to advise and assist Dowry Prohibition Officers;

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

(d) "Dowry Prohibition Officer" means an officer appointed as such by the State Government under Section 8-B of the Act;

(e) "Probation Officer" means a Probation Officer appointed under the Probation of Offenders Act, 1958 (No. 20 of 1958);

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

(g) "Recognised Welfare Institution or Organization" means an institution or organization recognised as such under explanation to subsection (1) of Section 7 of the Act;

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

(i) The words and expressions used in these rules but not defined shall have the same meanings as respectively assigned to them in the Act.

(i) He shall endeavor to create awareness among the public by organizing camps, publicity through Public Relation Department, Panchayat Samiti and other media against Dowry and to involve local people for prevention of Dowry;

(ii) He shall conduct surprise checks and discreet enquiries to ascertain whether there has been any violation of the provisions of the Act or the rules made thereunder;

(iii) He shall receive complaints for any offence under the Act from any of the parties to a marriage or person aggrieved or any other person or organization;

(iv) He shall maintain a register for the purpose of the Act to record all complaints, enquiries and results thereof and other relevant information connected therewith in the prescribed Form-1. He shall also maintain separate files with relevant records for each individual case;

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

(vi) He shall keep in his custody all the lists of presents submitted by any of the parties to a 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 relationships;

(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 time;

(ix) Every such complaint received by him shall be serially numbered and duly registered in a register if Form No. 2 annexed to these rules;

(x) He shall scrutinize the complaint and if it is found that the nature and the contents of the complaint is such apparently coming within the purview of Section 3 or 4 or 4A or 5 or 6 of the Act, he will immediately conduct an enquiry to collect such evidence from the parties as to the genuineness of complaint;

(xi) He shall send quarterly report to the Chief Dowry Prohibition Officer as to the number of complaints received under the Act and the action taken or the nature of settlement of the issue in Form No. 2 annexed to these rules. He shall send such details or reports, as may be required by Chief Dowry Prohibition Officer or the State Government from time to time;

(xii) He shall conduct an on the spot investigation and can collect such evidence either oral or in writing from the parties or 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 3 annexed to 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 petition or on any other date to which such hearing may be adjourned, the complainant or petitioner does not appear, the Dowry Prohibition Officer, may, in its descretion, either dismiss the complaint or petition 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 Probation Officer of the area for collecting information or conducting enquiries or assisting in any stage of enquiries or proceedings relating to a complaint, petition or application 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, and report promptly as requested by him;

(xviii) Where any dowry is received by any person other than the woman and 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, he shall issue directions to parties to transfer the same within the stipulated time;

(xix) He shall specifically make it clear that marriages performed within his jurisdiction are likely to be visited by him or his staff alongwith police officers to see that the provisions of the Act are not contravened;

(xx) He shall make necessary enquiries regarding non-observance of the provisions of the Act in respect of the marriage held or proposed to be held within his jurisdiction;

(xxi) 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;

(xxii) While making enquiries under the Act or attending any marriage for the purposes of making enquiries he may 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;

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

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

(xxv) He 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; and

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

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

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

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

(i) Social Welfare including care, protection and training of Women;

(ii) Society or Organisation of Women at State level or all India level;

(iii) Social Defence including care and protection oi destitutes, rescue women and children; and

(iv) Any Organisation of Lawyers interested in eradicating social evils.

Form 1

[See Rule 5 (iv)]

Register of Complaints/petitions

Form 2

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

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

Dowry Prohibition Officer

Form 3

[See Rule 5 (xiii)]

Notice to Appear Before Dowry Prohibition Officer

(Name of person against whom complaint has been received and address).

Dowry Prohibition Officer
(Office Seal)

Form 4

[See Rule 9(2)]

Form of Application for Recognition of Welfare Institution/organisation

(1)

(2)

(3)

Form 5

[See Rule 9(4)]

Form of Application for Renewal of Certificate of Recognition