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Section 12: Action in case of non-performance of duties

Maharashtra Prohibition of Child Marriage Rules, 2022.State Rules of Maharashtra · 2007

If, any Child Marriage Prohibition Officer or District Women and Child Development Officer fails to perform any of his duties specified in the Act and these Rules without having sufficient reasons for non-performance or flouts any order of Court under this Act, then he shall be subject to the disciplinary actions under the concerned Service Rules applicable to them, in addition to any other actions under the Act or any other law in force.

भाग चार-अ-१९९–३ 18 महाराष्टट्र शासन राजपत्र असाधारण भाग चार-अ, ऑक््टटोबर २१, २०२२/आश््वविन २९, शके १९४४ FORM I (See rules 3 (b)(i)&5(3)) Child Marriage Incident Report A. Details of the child:—

1. Name of the child

2. Age

3. Sex

4. Address of child’s parent’s residence

5. Name of the child’s father

6. Occupation of the father

7. Name of the mother

8. Occupation of the mother

9. Present address of the child B. Details of the educational Institute where the child is studying:—

1. Name of the educational/vocational/ training Institute

2. Address of the educational institute

3. Class of the child

4. Is she/he attending the school: Yes/No

5. If no, in which year did the child stop schooling:

6. If he/she is not going to school give details of what he/she is presently doing.

7. Write reasons if the child never went to school.

C. Details of the person against whom complaint / First Investigation Report is lodged.

Sr. No. Name Relationship with the child Phone no Address of residence

1.

2.

3.

4.

5.

महाराष्टट्र शासन राजपत्र असाधारण भाग चार-अ, ऑक््टटोबर २१, २०२२/आश््वविन २९, शके १९४४ 19 D. Receipt of the information related to child marriage by the Child Marriage Prohibition Officer:— Was the information received before the marriage was performed?

Y/N Was the information received during the marriage performance?

Y/N Was the information received after the marriage was performed?

Y/N E. Details about the incidence/s of child marriage:— Sr. No. Date, Time and Place Person responsible for the child marriage Details of the incidence Remarks F. Assistance required by the child:— Sr. No Assistance required by the child Person/Organisation by whom assistance is provided Any other detail/s

1. Medical aid

2. Legal aid

3. Counselling

4. Police

5. Shelter

6. Any other G. Action taken by Child Marriage Prohibition Officer:— Sr. No Action by Child Marriage Prohibition Officer Date and details of action by Child Marriage Prohibition Officer

1. Application to the Police

2. Application to the Judicial Magistrate or District Court

3. Application to Child Welfare Committee

4. Application to Legal Services Authority H. List of documents to be kept alongwith Child Marriage Incidence Report:—

1. Birth Certificate

2. Wedding card

3. School attendance record

4. Any other Document भाग चार-अ-१९९–३अ 20 महाराष्टट्र शासन राजपत्र असाधारण भाग चार-अ, ऑक््टटोबर २१, २०२२/आश््वविन २९, शके १९४४ I. Orders/Decree/Declaration from the Court and/or Child Welfare Committee:— Sr.

No.

Order/Decree/ Declaration Description in brief of the Order/Decree/Declaration

1. Injunction Order

2. Custody and maintenance Order

3. Nullity Decree

4. Placement or Restoration Order

5. Change in educational institution

6. Orders from Child Welfare Committee

7. Any other orders FORM II (See rule 5(2)) Information by School Principal or Head Master about absenteeism of child to Child Marriage Prohibition Officer

1. Name of the child

2. Address of the child

3. Sex and Date of Birth of the child

4. Name of the child’s father

5. Name of the child’s mother

6. Occupation of the child’s father

7. Occupation of the child’s mother

8. Name of the School

9. Address of the School

10. Class in which the child is studying

11. Date from which the child is absent in school

12. Name of the teacher who visited to child’s home

13. Date of teacher’s visit

14. Reasons for being absent महाराष्टट्र शासन राजपत्र असाधारण भाग चार-अ, ऑक््टटोबर २१, २०२२/आश््वविन २९, शके १९४४ 21 FORM III (See rule 13(1)) Monthly Report from Child Marriage Prohibition Officer to District Women and Child Development Officer

1. Name of Child Marriage Prohibition Officer

2. Address

3. Email

4. Month and year of Report

5. No. of cases received

6. No. of cases where child marriage was prevented

7. No. of cases filed before Judicial Magistrate First Class

8. No. of cases in which orders were passed by Judicial Magistrate First Class

9. No. of pending cases before Judicial Magistrate First Class

10. No. of cases in Appeal from Judicial Magistrate First Class

11. No. of cases filed in Court

12. No. of orders got from Court

13. No. of decrees got from Court

14. No. of pending cases in Court

15. No. of cases in Appeal from Court

16. No. of cases in which declarations declaring marriage void prepared by parties (without approaching the Court) submitted to Child Marriage Prohibition Officer

17. No. of cases referred to Child Welfare Committee

18. No. of cases where orders were passed by Child Welfare Committee

19. No. of cases pending before Child Welfare Committee

20. No. of cases in appeal from Child Welfare Committee

21. No. of cases referred to Police/Designated Police/Special Juvenile Police Unit

22. No. of cases action taken by the Police/ Designated Police/ Special Juvenile Police Unit

23. No. of cases where no action was taken 22 महाराष्टट्र शासन राजपत्र असाधारण भाग चार-अ, ऑक््टटोबर २१, २०२२/आश््वविन २९, शके १९४४ FORM IV (See rule 13(2)) Quarterly report from District Women and Child Development Officer to Deputy Commissioner, Child Development (Jan/April/July/Oct) 20__

1. Name of District Women and Child Development Officer :

2. Address

3. Email

4. No. of cases filed under the Prohibition of Child Marriage Act, 2006

5. No. of cases where child marriage was prevented

6. No. of cases filed in District Court

7. No. of cases filed before Judicial Magistrate First Class

8. No. of cases in which orders were passed by Judicial Magistrate First Class

9. No. of pending cases before Judicial Magistrate First Class

10. No. of cases filed before Judicial Magistrate First Class

11. No. of cases in which orders were passed by Judicial Magistrate First Class

12. No. of pending cases before Judicial Magistrate First Class

13. No. of cases in Appeal from Judicial Magistrate First Class

14. No. of cases filed in Court

15. No. of orders got from Court

16. No. of decrees got from Court

17. No. of pending cases in Court

18. No. of cases in Appeal from Court

19. No. of cases in which declarations declaring marriage void prepared by parties (without approaching the Court) submitted to Child Marriage Prohibition Officer

20. No. of cases referred to Child Welfare Committee

21. No. of cases where orders were passed by to Child Welfare Committee महाराष्टट्र शासन राजपत्र असाधारण भाग चार-अ, ऑक््टटोबर २१, २०२२/आश््वविन २९, शके १९४४ 23

22. No. of cases pending before to Child Welfare Committee

23. No. of cases in appeal from to Child Welfare Committee

24. No. of cases referred to Police/ Designated Police/ Special Juvenile Police Unit

25. No. of cases where action was taken by Police/Designated Police/ Special Juvenile Police Unit By order and in the name of the Governor of Maharashtra, S. L. AHIRE, Joint Secretary to Government.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.

Where this provision sits

ActMaharashtra Prohibition of Child Marriage Rules, 2022.
Section12
Marginal noteAction in case of non-performance of duties
JurisdictionState of Maharashtra
StatusIn force as published by the source

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