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Tamil Nadu Dowry Prohibition Rules, 2004

5. Additional functions to be performed by Dowry Prohibition Officer-

(i) He shall endeavour to create awareness among the public by organising camps, publicity through Information and Tourism Department, Panchayat Raj Institutions 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 and Rules;

(iii) He shall receive complaints for any offence under the Act from any person aggrieved or a parent or other relative of such person or by any recognized welfare institution 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 Form No-I. He shall also maintain separate files with relevant records for each individual case;

(v) He shall act as the Member Secretary or 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 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 List 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 direction with in 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 scrutini se the complaint and if it is found that the nature and the contents of the complaint is such apparently coming within the purview of Sections 3 or 4 or 4-A 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 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 witnesses in his office or in a place convenient to him without causing much inconvenience or hardship to the parties;

(xii) The Dowry Prohibition Officer shall intimate or serve notices to the parties and witnesses of the date, time and place of hearing of the complaints in Form III annexed to these rules;

(xiii) Every petition shall be enquired into and heard and come to a finding within a month from the date of its receipt;

(xiv) W here 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 his discretion, either dismiss the complaint or petition for default or give a finding as to its merit, which shall be recorded in the case file;

(xv) The Dowry Prohibition Officers may utilise 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 Act;

(xvi) 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;

(xvii) W here any dowry is received by any person other than the women and complaint is received in respect of non -transfer of such dowry to the women 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;

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

(xix) The Dowry Prohibition Officer shall make necessary enquiries regarding non-observance of the provision of the Act in respect of the marriages held or proposed to be held with his jurisdiction;

(xx) He shall ascertain and confirm by suitable means in respect of as ma ny 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;

(xxi) 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;

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

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

(xxiv) The Dowry Prohibition Officer (Member Secretary or 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 Government for information and necessary action;

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

(xxvi) The Dowry Prohibition Officer shall be responsible for the preparation and submission of an Annual Report on the progress of implementation of Dowry Prohibition Act and related matters and of such statistics as may from time to time be required by Government;

(xxvii) The Dowry Prohibition Officer shall issue instructions to all the Departments of the Government to the following effect:-

i. Every Government servant shall, after marriage, or when he celebrates the marriage of his children, furnish declaration stating that he has not taken any dowry, to Head of 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;

iii. Pledge to be administered on Dowry Prohibition Day (26 th November) to the students in Schools and College s and other institutions and by those employed in Government service not to give or take dowry;

iv. Receipt of dowry either by the bridegroom or by his parents, who happens to be the Government servant shall be considered as "misconduct" for the purpose of Service Rules making a ground for disciplinary action.

Tamil Nadu Dowry Prohibition Rules, 2004 Back

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