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The Dowry Prohibition Act, 1961 PDF Print E-mail
(35 Votes)
Written by Govt. of India   
Saturday, 20 May 1961 00:00
8A. Burden of proof in certain cases -
(1) Where any person is prosecuted for taking or betting the taking of any dowry under Section 3, or the demanding of dowry under section 4, the burden of providing that he had not committed an offence under these section shall be on him.

8B. Dowry Prohibition Officers -
(1) The State Government may appoint as many Dowry Prohibition Officers as it thinks fit and specify the areas in respect of which they shall exercise their jurisdiction and powers under this Act.

(2) Every Dowry Prohibition Officer shall exercise and perform the following powers and functions, namely:-
(a) To see that the provisions of this Act are complied with,
(b) To prevent, as far as possible, the taking or abetting the taking of, or the demanding of, dowry,
(c) To collect such evidences as may be necessary for the prosecution of persons committing offences under the Act, and
(d) To perform such additional functions as may be assigned to him by the State Government, or as may be specified in the rule made under this Act.

(3) The State Government may, by notification in the Official Gazette, confer such powers of a police officer as may be specified in the notification on the Dowry Prohibition Officer who shall exercise such powers subject to such limitations and conditions as may be specified by rules made under this Act.

(4) The State Government may, for the purpose of advising and assisting Dowry Prohibition Officers in the efficient performance of their functions under this Act, appoint an Advisory Board consisting of not more than five social welfare workers (out of whom at least two shall be women) form the area in respect of which such Dowry Prohibition Officer exercise jurisdiction under sub section (1).

9
. Power to make rules -
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purpose of this Act.

(2) [(Note: Ins. by Act 63 of 1984, sec.8) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for -
(a) The form and manner in which, and the person by whom, any list of presents referred to in such section (2) of section 3 shall be maintained and all other matters connected therewith, and
(b) The better co-ordination of policy and action with respect to the administration of this Act.
[(Note: Sub-section (2) renumbered as sub-section 3 thereof by Act 63 of 1984, sec.8) (3)]
Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 10.

Power of State Government to make rules -

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) The additional functions to be performed by the Dowry Prohibition Officers under sub section (2) of Section 8B.
(b) Limitations and conditions subject to which a Dowry Prohibition Officer may exercise his functions under sub section (3) of section 8B.
(3) Every rule made by the State Government under this section shall be laid as soon as may be after it is made before the State Legislature.

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