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Section 5: Additional functions to be performed by the Dowry Prohibition Officer

Jharkhand Dowry Prohibition Rules, 2002State Rules of Jharkhand · 1961

(i) He shall endeavour to create awareness among the public by organising camps, publicity through Information & 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 discreet enquiries to ascertain whether there has been any violation of the provisions of the Act/Rules.

(iii) He shall receive complaints for any offence under the Act from the party or person aggrieved or any other persons/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 No. - 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 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 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 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 relationships.

(viii) The Dowry Prohibition Officer's 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 the Dowry Prohibition Officer shall be serially numbered and duly registered in a Register in Form No. II annexed to these rules.

(x) The Dowry Prohibition Officer 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 the complaint.

(xi) The Dowry Prohibition Officers shall send quarterly report to the Chief Dowry Prohibition Officer as to the number of complaints received under the quarter and the action taken or the nature of settlement of the issue in Form No. II annexed to these Rules. The Dowry Prohibition Officer shall send such details or reports as may be required by Chief Dowry Prohibition Officer or the Government from time to time.

(xii) The Dowry Prohibition Officer 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) The Dowry Prohibition Officer shall intimate or serve notice to the parties and witnesses of the date, time and place of hearing of the complaints in Form No. III 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 fixed date for hearing of the complaint or petition or on any other date to which such hearing may be adjourned, the complaint, or petitioner does not appear the Dowry Prohibition Officer, may in its discretion, 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) The Dowry Prohibition Officers may utilize the services of District Probation Officers or 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, petition or application under the Dowry Prohibition Act.

(xvii) On receipt of requisition from the Dowry Prohibition Officer, the Probation Officers 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 person 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 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) The Dowry Prohibition Officer shall make necessary enquiries regarding nonobservance of the provision of the Act in respect of the marriages 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) The Dowry Prohibition Officer 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 the Dowry Prohibition Officer.

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

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

(xxv) The Dowry Prohibition Officer (Member Secretary/Convenor of the Advisory Board) 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.

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

Where this provision sits

ActJharkhand Dowry Prohibition Rules, 2002
Section5
Marginal noteAdditional functions to be performed by the Dowry Prohibition Officer
JurisdictionState of Jharkhand
StatusIn force as published by the source

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