Sr. No. 328 Official Gazette, Uttar Pradesh.
Published by the Government of Uttar Pradesh Extraordinary Legislative Appendix Part 4, Section (b) (Order as amended) Allahabad, Friday, October 29, 1999 (Kartik 7, 1921 Samvat) Uttar Pradesh Extraordinary Gazette, 29, October 1999 In pursuance of the provisions of else (3) Article 343 of the Constitution the Governor is pleased to make the following English translation of notification an 1895/50-399—3 (8)97, dated October 19, 1999 No. 1895/60-3-99-3 (68)-97 October 29, 1999 In exercise of the powers under section 10 of the Dowry Prohibition Act, 1961 (Act, no. 18 of 1tr1) the Governor is pleased to make the following rules:
THE UTTAR PRADESH DOWRY PROHIBITION RULES 1999
1. Short title and commencement (1) these rules may be called the Uttar Pradesh Dowry Prohibition Rules, 1999.
(2) They shell come into force with effect from the date of their publication in the official Gazette.
2. Definitions- (1) In those rules unless the context otherwise requires
(a) "Act" means the Dowry Prohibition Act, 1901 (Act no. 28 of 1961).
(b) "Advisory Board" means an advisory board appointed under sub-section (4) of sea-tier S-B
(c) of the Act. "Dowry Prohibition Officer" means s Dowry Prohibition Officer appointed under subsection (1) of Section 8-B of the Act.
(d) "Director Women Welfare Uttar Pradesh" means a person appointed as such by the State Government.
(e) "District", "Police Station" and "Complaints" shall have the meanings assigned to them under the Code of Criminal Procedure, 1973 (Act no. 8 of 1974)1
(f) "Form" means a form appended to these rules :
(g) "Police Officer" means an officer of the State Police Department
(h) "Probation Officer" means an officer appointed such under the Probation of Offenders Act, 1958 (Act no. 20 of 1958).
(i) The word send expressions used in these rules but not defined shell have the meanings to them in the Act
3. Function of Director Women Welfare.
(1) The Director. Women Welfare Utter Pradesh shall exercise administrative control over the Dowry Prohibition Officers.
4. Function of District Magistrate.-(1) The District Magistrate may inspect the work and any record in the office of Dowry Prohibition officer working within his jurisdiction end send his observations or report to the Director Women Welfare, Utter Pradesh *[5. The Chief Dowry Prohibition Officer
(1) The State Government may designate the Chief Probation Officer of any other suitable officer posted in Women Welfare Department, as the Chief Dowry Prohibition Officer to administer and co-ordinate the work among the Dowry Prohibition Officers relating to Dowry Prohibition throughout the State.
(2) The Chief Dowry Prohibition Officer shall co-ordinate the work of Dowry Prohibition Officers and shall be responsible for creating consciousness and awareness to * Substituted by Clause 2 of THE UTTAR PRADESH DOWRY PROHIBITION (FIRST AMENDMENT) RULES, 2004 (No.
2457/60-3-3 (65)-97 Dated, March 31, 2004).
prevent dowry system among the public and to set out with a view to uproot the evil of dowry system.
State Government to the following effects:
(3) The Chief Dowry Prohibition Officer shall be responsible for the preparation and submission of an Annual Report on the progress of implementation of the provisions of the Act and related matters and of statistics as may from time to time be required by the Government
(4) The Chief Dowry Prohibition Officer shall also perform such other functions as may from time to time be assigned to him by the State Government.
(5) The Chief Dowry Prohibition Officer shall issue instructions to all the departments of the within a week from the due date, in Form-II appended to these rules. He shall also submit any other detal's or reports in relation to the Act may be required by the orders of the State Government issued from time to time in that behalf.
(a) every government servant shall under his signature furnish a declaration.
regarding his marriage to his Head of Department/ appointing authority stating that he has not taken any dowry
(b) one specified day in a year shall be observed as Dowry Prohibition Day.
(c) pledge to be administered to the students in schools and Colleges and other institutions not to give or take dowry.]
6. Additional functions to be performed by the Dowry prohibition Officers -The additions functions of every Dowry Prohibition Officer under clause (d) of sub-section (2) of section 8-B of the Act shall be as follows:-
(1) He shell endeavour, to create an awaгеness among the people about the evils of dowrygive wide publicity through information and Carel Aire Department and other medis Chanding Bečio.
Television, NGO3 gainst dowry and to i veire losst peaple for prevention of домту
(2) He shall entertain complaint of any offenen under the Ant from the party or persor gstiere any other person and make inquirive into such complaint2 without delay programmes Ho shall actes the convenor of the Advisory Borrd for his pree. He shall main tain regular contact with the members of the Dowry and collec' evidenou moonstery for prosecution, If he is astlefied that the offence is made out he shall report the matter to the metropoliton magiste te or a Judicial Magistrate of the first lans to bring the offender to justice.
(3) He shall discharge duties with due care, dcorum, priveey and in a menrer to uphold the marital tien and family roletionship.
(4) The Dowry Probibition Officer'e spporsch shall primarily be preventive and remedial and prosocetion shall be recommended or resorted to only if all other measures and directione rre found not effective or parties will fully fail or defy the orders or directions within the stipu lated time. For this purpose, he shall tako assistenco from the Advisory Boerd.
(5) Heshall maintains diary for the purpose of the Art to record all complaints, inquires and resulte ther of and other relevant informetion connected there with in Form No. 1 appended to these rules. He shall also maintain seperato files with relevant records for esch individus i esre of complaints.
(6) He shall send the monthly, quarterly, six- monthly and ennual progress reports to the Chief Dowry Prohibition Officer regularly
(7) Prohibition Advisory Board constituted for the purpose of the Aos for necessary advie end assistance from them. He shall inform Chief Dowry Prohibition Officer Uttar Pre or any other person suthrosed by the State Government for the purpose, about all the efleirs relating to operation of the Act, en and when neceory.
(8) Ho shall keep in his custody the linte *Substituted by Clause 2 of THE UTTAR PRADESH DOWRY PROHIBITION (FIRST AMENDMENT) RULES, 2004 (No.
2457/60-3-3 (65)-97 Dated, March 31, 2004).
of all presente eubmitted to the partics to any merringe under hule 10 of these rules and make entiren relating ther to into a register to be maintained for the purpose. He shall also exomino these liste and ensure the strict 3som- plinace of the provisions of the Dowry Prohi bition (Maintenance of Liste of Presonte to the Bride and Bride groom) Rules, 1955
(9) He shell also perform such other duties, for carrying out the proposes of the Act of Rules, as may be required in this regard by the State Government.
**[(10) 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 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.]
(11) The Dowry Prohibition Officer while making enquiries under the Act or when he attends any marriage for the purpose of making enquiries, take the assistance of any Police Officer of 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.
(12) He shall render assistance to the police in investigating the complaint filed under the Act and to the Court in the trial of the case.
(13) The Dowry Prohibition Officer (Member- Secretary/Convener 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.]
7- Procedure for filing complaints.
(1) Aromplain may be filed by anyaggrioved person of a parent or any other relative of such person or eny recognised Wolfere ** Inserted by Clause 3 of THE UTTAR PRADESH DOWRY PROHIBITION (FIRST AMENDMENT) RULES, 2004 (No.
2457/60-3-3 (65)-97 Dated, March 31, 2004).
Institution or Orgeni ztion, in writing before Dowry Prohibition Officer, oither in person or through messager or by pos.
(2) Every such complaint received by the Dowry Prohibitior officer shall be anrially un bered and duly registered in register in Form No. II ennored to these rules.
(3) The Dowry Prohibtion Officer ball surutinize the complaint and if it is prima facie found that the nature and the contents of the complaint are apparently coming within the purview of section 3 or 4 or 4A or 6 of the Aet, he shall immediately conduct an enquiry to collect euch evidence from the partios complaint. or their relatives as to the genuineness of the
(4) The Dowry Prohibition Officer shall conduct an n the spot investigation and con collect such evidence either oral or in writing from the parties or witnesses or he can fixa date for the purpose, in his office or s place. convenient to the porties under intimation to Chief Dowry Prohibition Officer.
(5) The Dowry Prohibition Officer shall intimate in writing or serve notice in advance to the parties and witnesses of the date, time end place of the investigation into the com- plaint. He will regulation procedure in a manner that parties or witness are put to minimum inconvenience.
(6) Every petition shall be investigated expeditiously and Dowry Prohibition Officer shall conclude the investigation within a month from the date of receipt of complaint unless not possible for reasons to be recorded in writing.
(7) The Dowry Prohibition Officer may utilise the service of probation officers of the area for collecting information or conducting investigation or assisting stony stage of inquiry or proceedings relating to complaint or application under the Dowry Prohibition Act.
(8) On receipt of requisition from the Dowry Prohibition Officer, the probation officer shall conduct necessary inquiry, collect information and furnish such details or report promptly as requested by him.
(9) The Dowry Prohibition Officer is competent to issue proper direction to the parties to commission of any offence under the Act if he thinks such preventive measures would be effective and useful to maintain harmonious relationship between the spouses and their families.
8. Procedure for prosecution of Offences In all cases of complaint investigated by Dowry Prohibition Officers when there is a prima facie finding as to the commission of an offence, the report shall be submitted to the competent Magistrate for prosecuting the of fonders along with the statement recorded, all other connected documents of the proceedings and a brief account of his findings. This report shell be deemed to be report under section 173 of Code of Criminal Procedure, 1973 (Act 2 of 1174).
#[9. Limitation and conditions subject to which a Dowry Prohibition Officer may exercise Powers of Police Officer -9. Limitation and Conditions subject to which a Dowry ProhibitionOfficer may exercise Powers of Police Officer.
(1) Save and except the provisions of Chapter V of the Code of Criminal Procedure, namely the power of arrest of a person without warrant the Dowry Prohibition Officer shall have the powers of a Police Officer under the said Code for the purpose of investigation and submission of report before the competent magistrate.
(2) Whenever Dowry Prohibition Officer has reasonable grounds for believing that an offence punishable under the Act has been or is being or is about to be committed within his jurisdiction and that the search of any premises with warrant can not be made without undue delay, he may after stating the grounds of his belief and having prior written permission of the District Magistrate, search such premises without a warrant.
(3) Before making a search under subsection
(2) the Dowry Prohibition Officer shall call upon two or more residents of the locality in which the place to be searched is situated to attend and witness the search and may issue an order in writing to them or any of them to do so.
(4) Any person who without reasonable cause,4 refuses or neglects to attend and witness a search under this rule, when called upon to do so by an order in writing delivered or rendered to him shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1850).] #
10. Submission of a list of presents by parties to the marriage. -The parties to any marriage or any of the parents or either of them shall furnish to the concerned Dowry Prohibition Officer within one month from the date ofmarriage, a copy of the list of presents prepared in accordance with the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985.
11. Constitution and functions of Advisory Board (1) The State Government shell by notification in the official Gazette constitute Advisory Boards consisting of five respectable educated and active Social Workers out of whom at least two shall be women for the area in respect of which Dowry Prohibition Officer exercises jurisdiction.
(2) The members of an Advisory Board shell be appointed by State Government from the area in respect of which the Advisory Board shall be formed. The tenure of on Advisory Board shall normally be five years and members there of shall be co-terminous. A member of the Advisory Board may be considered for reappointment. The State Government shaIl have power to supersede an Advisory Board stony time without assigning any reason therefor.
(3) There shell bee Cheirperson for evoh Advisory Bod who shell bo elected by the members of the Advisory Boond and the Dowry Prohibition Officer beving jurisdiction over that eres shall not en ita convener.
(4) The convener stell with the consent of the Che irgen non, no il for meeting of the Ailei any Boord se frequently as may be necessary but st. ler at once in every two months.
(8) The membership of any member of the Advisory Bornd shell cerse in erse of such member remaining ebeentet three # Substituted by Clause 4 of THE UTTAR PRADESH DOWRY PROHIBITION (FIRST AMENDMENT) RULES, 2004 (No.
2457/60-3-3 (65)-97 Dated, March 31, 2004).
consecutive meetings of the Advisory Borrd without suffi cienot roreons or in the opinion of Govern mont be hesreted in contre vention of the Act or Rules mede thereunder. To fill up the resultant vecancy a new member may berppoin ted by the State Government for the romeining period of the term. Choirmen or any member may resign from the Advisory Bourd, but shall continue in office until resignation is scoopted by the Grovernment
(6) Three members including the Cheir person shell constitute the quorum to transset the business of the meeting of the Board.
The convener shell send a copy of theproceedings of cael meeting of the Advisory Bord, within fortnight from the date of the meeting to the Creief Dowry Prohibitiot Officer, with a copy to the State Goverment for ir for-metion and necessary action.
12. Recognition of Welfare Institution or Organisation (1) A Welfare Institutior or Organization primarily devoted to sry of thefollowing kinds of work and has rendered remarkable service in the follwing fields for period of not less thor three yours will be eligible for seeking recongnition under sab clause (ii) of clace (6) of sub-section (1) of see tion 7 of the Act:
(a) Social Welfare including erro, perotes-tion and training of women.
(6) Organise tion of women of State or of All India Charecter or prominent Mehils Samaj or Womer's Organsizations.
(c) Social Defer ce including cure and protes- Hon of Destitute Roscued Women and Children.
(1) Ang Velfore Institution or Orgatles aligible under sub-rule (1) and desiring thes. gtition, shell make an appliention to the State Government together with a copy of its Rules or Byo-lawe, and Articles of Association liste of its members and office bearers and report regarding its sativities and revond of Booial or Community Bervices.
(3) The State Govert mert may after consi- dering the report of the Director Women Wel foro in Chief Dowry Prohibition Officer as to the nature and past record of service of the Organi astion or Instntition which hes presented the applice tion in this regard gront recognition for period of five years renewable on application.
(4) An applies tion for renewal or recogni tion shall be submitted in the menner presoribed in sub-rule (2) of rule 12 which shell be processed as per the procedure laid down in sub-rule (3) and recognition shall be granted or renewed in cases where the working of the insti tution or the orgnization is reported to be astis-factory.
(5) The State Government may withdraw the recognition granted to an institution or organization if the working of the institution or organization is found or reported to be unsa- tisfostory, by the Chief Dowry Prohibition Officer or Director of Women Welfare or other- wise.
13. Declaration of the Dowry Prohibition Officer as Pubile Serv ant. Every Dowry Prohibition Officer shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
14. Protection of action taken in good falth-Nosuit or other legal proceeding ahall lie ogainstthe Government, Direator Women Wolfare, Chief Dowry Prohibition Officer, Dowry Prohibition Officer, Probstion Officer in respect of anything which is in good faith done or intended to be dons in pursusnon of the Ast or the Rules.
By order, P. UMA SHANKAR, Sachiv Uttar Pradesh Extraordinary Gazette, 29, October 1999 [See sub-rule (5) of rule 6] Serial no. /Year 1 Name of the complaint 2 Address of the Complaint 3 Nature and Particulars of the Complaint 4 Date and time of the Complaint 5 Date and time of Occurrence Complained of 6 Name(s) of the accused and their age 7 Address of the accused 8 Relationship between the Complainants 9 Date(a) of enquiry by the Dowry Prohibition Officer 10 Finding of the Dowry Prohibition Officer on enquiry 11 Views of the Dowry Prohibition Officer.
12 Whether the case was placed before the Dowry Prohibition Advisory Board.
(a) If yes, the date of such placement and
(b) Views of the Board 13 Date of report to the Court 14 A brief note on the Judgment of the Court and the date of Judgment there of Signature of Dowry Prohibition Officer Seal Form-III [See sub rule (2) of rule 7] Register of Complaints/Petitions Sl. No. List of Complai nt Name and Address of Petitione r Relations hip with the married couple Date of marriag e fixed or held Date of receipt of petition/ Complai nt Date of hearin g Nature of disposa l Initial of Office r Remarks 1 2 3 4 5 6 7 8 9 10