PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
Preamble 1 - THE PROTECTION OF WOMEN
FROM DOMESTIC VIOLENCE ACT, 2005
THE
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
[Act
No. 43 of 2005]
[13th
September, 2005]
PREAMBLE
An Act to provide for
more effective protection of the rights of women guaranteed under the
Constitution who are victims of violence of any kind occurring within the
family and for matters connected therewith or incidental thereto.
BE
it enacted by Parliament in the Fifty-sixth Year of the Republic of India as
follows:-
Section 1 - Short title, extent and commencement
(1) This Act may be called the Protection of Women from
Domestic Violence Act, 2005.
(2) It extends to the whole of India [1][***].
(3) It shall come into force on such date as the
Central Government may, by notification in the Official Gazette, appoint.[2]
Section 2 - Definitions
In this Act, unless the context otherwise
requires,-
(a) "aggrieved person" means any woman who
is, or has been, in a domestic relationship with the respondent and who alleges
to have been subjected to any act of domestic violence by the respondent;
(b) "child" means any person below the age of
eighteen years and includes any adopted, step or foster child;
(c) "compensation order" means an order
granted in terms of section 22;
(d) "custody order" means an order granted in
terms of section 21;
(e) "domestic incident report" means a report
made in the prescribed form on receipt of a complaint of domestic violence from
an aggrieved person;
(f) "domestic relationship" means a
relationship between two persons who live or have, at any point of time, lived
together in a shared household, when they are related by consanguinity,
marriage, or through a relationship in the nature of marriage, adoption or are
family members living together as a joint family;
(g) "domestic violence" has the same meaning
as assigned to it in section 3;
(h) "dowry" shall have the same meaning as
assigned to it in section 2 of
the Dowry Prohibition Act, 1961;
(i) "Magistrate" means the Judicial
Magistrate of the first class, or as the case may be, the Metropolitan
Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973
in the area where the aggrieved person resides temporarily or otherwise or the
respondent resides or the domestic violence is alleged to have taken place;
(j) "medical facility" means such facility as
may be notified by the State Government to be a medical facility for the
purposes of this Act;
(k) "monetary relief" means the compensation
which the Magistrate may order the respondent to pay to the aggrieved person,
at any stage during the hearing of an application seeking any relief under this
Act, to meet the expenses incurred and the losses suffered by the aggrieved
person as a result of the domestic violence;
(l) "notification" means a notification
published in the Official Gazette and the expression "notified" shall
be construed accordingly;
(m) "prescribed" means prescribed by rules made
under this Act;
(n) "Protection Officer" means an officer
appointed by the State Government under sub-section (1) of section 8;
(o) "protection order" means an order made in
terms of section 18;
(p) "residence order" means an order granted
in terms of sub-section (1) of section 19;
(q) "respondent" means any adult male person
who is, or has been, in a domestic relationship with the aggrieved person and
against whom the aggrieved person has sought any relief under this Act:
Provided that an aggrieved wife or female living in
a relationship in the nature of a marriage may also file a complaint against a
relative of the husband or the male partner.
(r)
"service
provider" means an entity registered under sub-section (1) of section 10;
(s)
"shared
household" means a household where the person aggrieved lives or at any
stage has lived in a domestic relationship either singly or along with the
respondent and includes such a household whether owned or tenanted either
jointly by the aggrieved person and the respondent, or owned or tenanted by
either of them in respect of which either the aggrieved person or the
respondent or both jointly or singly have any right, title, interest or equity
and includes such a household which may belong to the joint family of which the
respondent is a member, irrespective of whether the respondent or the aggrieved
person has any right, title or interest in the shared household.
(t)
"shelter
home" means any shelter home as may be notified by the State Government to
be a shelter home for the purposes of this Act.
Section 3 - Definition of domestic violence
For the purposes of this Act, any act, omission or
commission or conduct of the respondent shall constitute domestic violence in
case it -
(a) harms or injures or endangers the health, safety,
life, limb or well-being, whether mental or physical, of the aggrieved person
or tends to do so and includes causing physical abuse, sexual abuse, verbal and
emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved
person with a view to coerce her or any other person related to her to meet any
unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person
or any person related to her by any conduct mentioned in clause (a) or clause
(b); or
(d) otherwise injures or causes harm, whether physical
or mental, to the aggrieved person.
Explanation I.--For the purposes of this section,--
(i) "physical abuse" means any act or conduct
which is of such a nature as to cause bodily pain, harm, or danger to life,
limb, or health or impair the health or development of the aggrieved person and
includes assault, criminal intimidation and criminal force;
(ii) "sexual abuse" includes any conduct of a
sexual nature that abuses, humiliates, degrades or otherwise violates the
dignity of woman;
(iii) "verbal and emotional abuse" includes-
(a) insults, ridicule, humiliation, name calling and insults
or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any
person in whom the aggrieved person is interested.
(iv) "economic abuse" includes-
(a) deprivation of all or any economic or financial
resources to which the aggrieved person is entitled under any law or custom
whether payable under an order of a court or otherwise or which the aggrieved
person requires out of necessity including, but not limited to, household
necessities for the aggrieved person and her children, if any, stridhan,
property, jointly or separately owned by the aggrieved person, payment of
rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of
assets whether movable or immovable, valuables, shares, securities, bonds and
the like or other property in which the aggrieved person has an interest or is
entitled to use by virtue of the domestic relationship or which may be
reasonably required by the aggrieved person or her children or her stridhan or
any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to
resources or facilities which the aggrieved person is entitled to use or enjoy
by virtue of the domestic relationship including access to the shared
household.
Explanation II.--For the purpose of determining
whether any act, omission, commission or conduct of the respondent constitutes
"domestic violence" under this section, the overall facts and
circumstances of the case shall be taken into consideration.
Section 4 - Information to Protection Officer and exclusion of liability of Informant
(1) Any person who has reason to believe that an act of
domestic violence has been, or is being, or is likely to be committed, may give
information about it to the concerned Protection Officer.
(2) No liability, civil or criminal, shall be incurred
by any person for giving in good faith of information for the purpose of sub-section
(1).
Section 5 - Duties of police officers, service providers and Magistrate
A police officer, Protection Officer, service
provider or Magistrate who has received a complaint of domestic violence or is
otherwise present at the place of an incident of domestic violence or when the
incident of domestic violence is reported to him, shall inform the aggrieved
person-
(a) of her right to make an application for obtaining a
relief by way of a protection order, an order for monetary relief, a custody
order, a residence order, a compensation order or more than one such order
under this Act;
(b) of the availability of services of service
providers;
(c) of the availability of services of the Protection
Officers;
(d) of her right to free legal services under the Legal
Services Authorities Act, 1987;
(e) of her right to file a complaint under section 498A of the Indian Penal Code, wherever relevant;
Provided that nothing in this Act shall be
construed in any manner as to relieve a police officer from his duty to proceed
in accordance with law upon receipt of information as to the commission of a
cognizable offence.
Section 6 - Duties of shelter homes
If
an aggrieved person or on her behalf a Protection Officer or a service provider
requests the person in charge of a shelter home to provide shelter to her, such
person in charge of the shelter home shall provide shelter to the aggrieved
person in the shelter home.
Section 7 - Duties of medical facilities
If
an aggrieved person or, on her behalf a Protection Officer or a service
provider requests the person in charge of a medical facility to provide any
medical aid to her, such person in charge of the medical facility shall provide
medical aid to the aggrieved person in the medical facility.
Section 8 - Appointment of Protection Officers
(1) The State Government shall, by notification,
appoint such number of Protection Officers in each district as it may consider
necessary and shall also notify the area or areas within which a Protection
Officer shall exercise the powers and perform the duties conferred on him by or
under this Act.
(2) The Protection Officers shall as far as possible be
women and shall possess such qualifications and experience as may be
prescribed.
(3) The terms and conditions of service of the
Protection Officer and the other officers subordinate to him shall be such as
may be prescribed,
Section 9 - Duties and functions of Protection Officers
(1) It shall be the duty of the Protection Officer-
(a) to assist the Magistrate in the discharge of his
functions under this Act;
(b) to make a domestic incident report to the
Magistrate, in such form and in such manner as may be prescribed, upon receipt
of a complaint of domestic violence and forward copies thereof to the police
officer in charge of the police station within the local limits of whose
jurisdiction domestic violence is alleged to have been committed and to the service
providers in that area;
(c) to make an application in such form and in such
manner as may be prescribed to the Magistrate, if the aggrieved person so
desires, claiming relief for issuance of a protection order;
(d) to ensure that the aggrieved person is provided
legal aid under the Legal Services Authorities Act, 1987(39 of 1987) and make
available free of cost the prescribed form in which a complaint is to be made;
(e) to maintain a list of all service providers
providing legal aid or counselling, shelter homes and medical facilities in a
local area within the jurisdiction of the Magistrate;
(f) to make available a safe shelter home, if the
aggrieved person so requires and forward a copy of his report of having lodged
the aggrieved person in a shelter home to the police station and the Magistrate
having jurisdiction in the area where the shelter home is situated;
(g) to get the aggrieved person medically examined, if
she has sustained bodily injuries and forward a copy of the medical report to
the police station and the Magistrate having jurisdiction in the area where the
domestic violence is alleged to have been taken place;
(h) to ensure that the order for monetary relief under
section 20 is complied with and executed, in accordance with the procedure
prescribed under the Code of Criminal Procedure, 1973(2 of 1974);
(i) to perform such other duties as may be prescribed.
(2) The Protection Officer shall be under the control
and supervision of the Magistrate, and shall perform the duties imposed on him
by the Magistrate and the Government by, or under, this Act.
Section 10 - Service providers
(1) Subject to such rules as may be made in this
behalf, any voluntary association registered under the Societies Registration
Act, 1860(21 of 1860) or a company registered under the Companies Act, 1956 or
any other law for the time being in force with the objective of protecting the
rights and interests of women by any lawful means including providing of legal
aid, medical, financial or other assistance shall register itself with the
State Government as a service provider for the purposes of this Act.
(2) A service provider registered under sub-section (1)
shall have the power to-
(a) record the domestic incident report in the
prescribed form if the aggrieved person so desires and forward a copy thereof
to the Magistrate and the Protection Officer having jurisdiction in the area
where the domestic violence took place;
(b) get the aggrieved person medically examined and
forward a copy of the medical report to the Protection Officer and the police
station within the local limits of which the domestic violence took place;
(c) ensure that the aggrieved person is provided
shelter in a shelter home, if she so requires and forward a report of the
lodging of the aggrieved person in the shelter home to the police station
within the local limits of which the domestic violence took place.
(3) No suit, prosecution or other legal proceeding
shall lie against any service provider or any member of the service provider
who is, or who is deemed to be, acting or purporting to act under this Act, for
anything which is in good faith done or intended to be done in the exercise of
powers or discharge of functions under this Act towards the prevention of the
commission of domestic violence.
Section 11 - Duties of Government
The Central Government and every State Government,
shall take all measures to ensure that-
(a) the provisions of this Act are given wide publicity
through public media including the television, radio and the print media at regular
intervals;
(b) the Central Government and State Government
officers including the police officers and the members of the judicial services
are given periodic sensitization and awareness training on the issues addressed
by this Act;
(c) effective co-ordination between the services
provided by concerned Ministries and Departments dealing with law, home affairs
including law and order, health and human resources to address issues of
domestic violence is established and periodical review of the same is
conducted;
(d) pools for the various Ministries concerned with the
delivery of services to women under this Act including the courts are prepared
and put in place.
Section 12 - Application to Magistrate
(1) An aggrieved person or a Protection Officer or any
other person on behalf of the aggrieved person may present an application to
the Magistrate seeking one or more reliefs under this Act:
Provided that before passing any order on such
application, the Magistrate shall take into consideration any domestic incident
report received by him from the Protection Officer or the service provider.
(2) The relief sought for under sub-section (1) may
include a relief for issuance of an order for payment of compensation or
damages without prejudice to the right of such person to institute a suit for
compensation or damages for the injuries caused by the acts of domestic
violence committed by the respondent:
Provided that where a decree for any amount as
compensation or damages has been passed by any court in favour of the aggrieved
person, the amount, if any, paid or payable in pursuance of the order made by
the Magistrate under this Act shall be set off against the amount payable under
such decree and the decree shall, notwithstanding anything contained in the
Code of Civil Procedure, 1908(5 of 1908), or any other law for the time being
in force, be executable for the balance amount, if any, left after such set
off.
(3)
Every
application under sub-section (1) shall be in such form and contain such
particulars as may be prescribed or as nearly as possible thereto.
(4)
The
Magistrate shall fix the first date of hearing, which shall not ordinarily be
beyond three days from the date of receipt of the application by the court.
(5) The Magistrate shall endeavour to dispose of every
application made under sub-section (1) within a period of sixty days from the
date of its first hearing.
Section 13 - Service of notice
(1)
A
notice of the date of hearing fixed under section 12 shall be given by the
Magistrate to the Protection Officer, who shall get it served by such means as
may be prescribed on the respondent, and on any other person, as directed by
the Magistrate within a maximum period of two days or such further reasonable
time as may be allowed by the Magistrate from the date of its receipt.
(2)
A
declaration of service of notice made by the Protection Officer in such form as
may be prescribed shall be the proof that such notice was served upon the
respondent and on any other person as directed by the Magistrate unless the
contrary is proved.
Section 14 - Counseling
(1) The Magistrate may, at any stage of the proceedings
under this Act, direct the respondent or the aggrieved person, either singly or
jointly, to undergo counseling with any member of a service provider who
possess such qualifications and experience in counseling as may be prescribed.
(2) Where the Magistrate has issued any direction under
sub-section (1), he shall fix the next date of hearing of the case within a
period not exceeding two months.
Section 15 - Assistance of welfare expert
In
any proceeding under this Act, the Magistrate may secure the services of such
person, preferably a woman, whether related to the aggrieved person or not,
including a person engaged in promoting family welfare as he thinks fit, for
the purpose of assisting him in discharging his functions.
Section 16 - Proceedings to be held in camera
If
the Magistrate considers that the circumstances of the case so warrant, and if
either party to the proceedings so desires, he may conduct the proceedings
under this Act in camera.
Section 17 - Right to reside in a shared household
(1) Notwithstanding anything contained in any other law
for the time being in force, every woman in a domestic relationship shall have
the right to reside in the shared household, whether or not she has any right,
title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or
excluded from the shared household or any part of it by the respondent save in accordance
with the procedure established by law.
Section 18 - Protection orders
The Magistrate may, after giving the aggrieved
person and the respondent an opportunity of being heard and on being prima
facie satisfied that domestic violence has taken place or is likely to take
place, pass a protection order in favour of the aggrieved person and prohibit
the respondent from-
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of
domestic violence;
(c) entering the place of employment of the aggrieved
person or, if the person aggrieved is a child, its school or any other place
frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever,
with the aggrieved person, including personal, oral or written or electronic or
telephonic contact;
(e) alienating any assets, operating bank lockers or
bank accounts used or held or enjoyed by both the parties, jointly by the
aggrieved person and the respondent or singly by the respondent, including her
stridhan or any other property held either jointly by the parties or separately
by them without the leave of the Magistrate;
(f) causing violence to the dependants, other relatives
or any person who give the aggrieved person assistance from domestic violence;
(g) committing any other act as specified in the
protection order.
Section 19 - Residence orders
(1)
While
disposing of an application under sub-section (1) of section 12, the Magistrate
may, on being satisfied that domestic violence has taken place, pass a
residence order ?
(a) restraining the respondent from dispossessing or in
any other manner disturbing the possession of the aggrieved person from the
shared household, whether or not the respondent has a legal or equitable
interest in the shared household;
(b) directing the respondent to remove himself from the
shared household;
(c) restraining the respondent or any of his relatives
from entering any portion of the shared household in which the aggrieved person
resides;
(d) restraining the respondent from alienating or
disposing off the shared household or encumbering the same;
(e) restraining the respondent from renouncing his
rights in the shared household except with the leave of the Magistrate; or
(f) directing the respondent to secure same level of
alternate accommodation for the aggrieved person as enjoyed by her in the
shared household or to pay rent for the same, if the circumstances so require:
Provided that no order under clause (b) shall be
passed against any person who is a woman.
(2)
The
Magistrate may impose any additional conditions or pass any other direction
which he may deem reasonably necessary to protect or to provide for the safety
of the aggrieved person or any child of such aggrieved person.
(3)
The
Magistrate may require from the respondent to execute a bond, with or without
sureties, for preventing the commission of domestic violence.
(4)
An
order under sub-section (3) shall be deemed to be an order under Chapter VIII
of the Code of Criminal Procedure, 1973(2 of 1974) and shall be dealt with
accordingly.
(5)
While
passing an order under sub-section (1), sub-section (2) or sub-section (3), the
court may also pass an order directing the officer in charge of the nearest
police station to give protection to the aggrieved person or to assist her or
the person making an application on her behalf in the implementation of the
order.
(6)
While
making an order under sub-section (1), the Magistrate may impose on the
respondent obligations relating to the discharge of rent and other payments,
having regard to the financial needs and resources of the parties.
(7)
The
Magistrate may direct the officer in-charge of the police station in whose
jurisdiction the Magistrate has been approached to assist in the implementation
of the protection order.
(8) The Magistrate may direct the respondent to return
to the possession of the aggrieved person her stridhan or any other property or
valuable security to which she is entitled to.
Section 20 - Monetary reliefs
(1) While disposing of an application under sub-section
(1) of section 12, the Magistrate may direct the respondent to pay monetary
relief to meet the expenses incurred and losses suffered by the aggrieved
person and any child of the aggrieved person as a result of the domestic
violence and such relief may include but is not limited to-
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or
removal of any property from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as
her children, if any, including an order under or in addition to an order of
maintenance under section 125 of
the Code of Criminal Procedure, 1973 or any other law for the time being in
force.
(2)
The
monetary relief granted under this section shall be adequate, fair and
reasonable and consistent with the standard of living to which the aggrieved
person is accustomed.
(3)
The
Magistrate shall have the power to order an appropriate lump sum payment or
monthly payments of maintenance, as the nature and circumstances of the case
may require.
(4)
The
Magistrate shall send a copy of the order for monetary relief made under
sub-section (1) to the parties to the application and to the in charge of the
police station within the local limits of whose jurisdiction the respondent
resides.
(5)
The
respondent shall pay the monetary relief granted to the aggrieved person within
the period specified in the order under sub-section (1).
(6) Upon the failure on the part of the respondent to
make payment in terms of the order under sub-section (1), the Magistrate may
direct the employer or a debtor of the respondent, to directly pay to the
aggrieved person or to deposit with the court a portion of the wages or
salaries or debt due to or accrued to the credit of the respondent, which
amount may be adjusted towards the monetary relief payable by the respondent.
Section 21 - Custody orders
Notwithstanding anything contained in any other law
for the time being in force, the Magistrate may, at any stage of hearing of the
application for protection order or for any other relief under this Act grant
temporary custody of any child or children to the aggrieved person or the
person making an application on her behalf and specify, if necessary, the
arrangements for visit of such child or children by the respondent:
Provided that if the Magistrate is of the opinion
that any visit of the respondent may be harmful to the interests of the child
or children, the Magistrate shall refuse to allow such visit.
Section 22 - Compensation orders
In
addition to other reliefs as may be granted under this Act, the Magistrate may
on an application being made by the aggrieved person, pass an order directing
the respondent to pay compensation and damages for the injuries, including
mental torture and emotional distress, caused by the acts of domestic violence
committed by that respondent,
Section 23 - Power to grant interim and ex parte orders
(1) In any proceeding before him under this Act, the
Magistrate may pass such interim order as he deems just and proper.
(2) If the Magistrate is satisfied that an application
prima facie discloses that the respondent is committing, or has committed an
act of domestic violence or that there is a likelihood that the respondent may
commit an act of domestic violence, he may grant an ex parte order on the basis
of the affidavit in such form, as may be prescribed, of the aggrieved person
under section 18, section 19, section 20, section 21 or, as the case may be,
section 22 against the respondent.
Section 24 - Court to give copies of order free of cost
The
Magistrate shall, in all cases where he has passed any order under this Act,
order that a copy of such order, shall be given free of cost, to the parties to
the application, the police officer in-charge of the police station in the
jurisdiction of which the Magistrate has been approached, and any service
provider located within the local limits of the jurisdiction of the court and
if any service provider has registered a domestic incident report, to that
service provider.
Section 25 - Duration and alteration of orders
(1) A protection order made under section 18 shall be
in force till the aggrieved person applies for discharge.
(2) If the Magistrate, on receipt of an application
from the aggrieved person or the respondent, is satisfied that there is a
change in the circumstances requiring alteration, modification or revocation of
any order made under this Act, he may, for reasons to be recorded in writing
pass such order, as he may deem appropriate.
Section 26 - Relief in other suits and legal proceedings
(1) Any relief available under sections 18, 19, 20, 21
and 22 may also be sought in any legal proceeding, before a civil court, family
court or a criminal court, affecting the aggrieved person and the respondent whether
such proceeding was initiated before or after the commencement of this Act.
(2) Any relief referred to in sub-section (1) may be
sought for in addition to and along with any other relief that the aggrieved
person may seek in such suit or legal proceeding before a civil or criminal
court.
(3) In case any relief has been obtained by the
aggrieved person in any proceedings other than a proceeding under this Act, she
shall be bound to inform the Magistrate of the grant of such relief.
Section 27 - Jurisdiction
(1) The court of Judicial Magistrate of the first class
or the Metropolitan Magistrate, as the case may be, within the local limits of
which-
(a) the person aggrieved permanently or temporarily
resides or carries on business or is employed; or
(b) the respondent resides or carries on business or is
employed; or
(c) the cause of action has arisen, shall be the
competent court to grant a protection order and other orders under this Act and
to try offences under this Act.
(2) Any order made under this Act shall be enforceable
throughout India.
Section 28 - Procedure
(1) Save as otherwise provided in this Act, all
proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences
under section 31 shall
be governed by the provisions of the Code of Criminal Procedure, 1973(2 of
1974).
(2) Nothing in sub-section (1) shall prevent the court
from laying down its own procedure for disposal of an application under section
12 or under sub-section (2) of section 23.
Section 29 - Appeal
There
shall lie an appeal to the Court of Session within thirty days from the date on
which the order made by the Magistrate is served on the aggrieved person or the
respondent, as the case may be, whichever is later.
Section 30 - Protection Officers and members of service providers to be public servants
The
Protection Officers and members of service providers, while acting or
purporting to act in pursuance of any of the provisions of this Act or any
rules or orders made thereunder shall be deemed to be public servants within
the meaning of section 21 (45
of 1860) of the Indian Penal Code.
Section 31 - Penalty for breach of protection order by respondent
(1) A breach of protection order, or of an interim
protection order, by the respondent shall be an offence under this Act and
shall be punishable with imprisonment of either description for a term which
may extend to one year, or with fine which may extend to twenty thousand
rupees, or with both.
(2) The offence under sub-section (1) shall as far as
practicable be tried by the Magistrate who had passed the order, the breach of
which has been alleged to have been caused by the accused.
(3) While framing charges under sub-section (1), the Magistrate
may also frame charges under section 498A(45
of 1860) of the Indian Penal Code or any other provision of that Code or the
Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts
disclose the commission of an offence under those provisions.
Section 32 - Cognizance and proof
(1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973(2 of 1974), the offence under sub-section (1) of section 31 shall be cognizable and non-bailable.
(2) Upon the sole testimony of the aggrieved person,
the court may conclude that an offence under sub-section (1) of section 31 has been committed by the accused.
Section 33 - Penalty for not discharging duty by Protection Officer
If
any Protection Officer fails or refuses to discharge his duties as directed by
the Magistrate in the protection order without any sufficient cause, he shall
be punished with imprisonment of either description for a term which may extend
to one year, or with fine which may extend to twenty thousand rupees, or with
both.
Section 34 - Cognizance of offence committed by Protection Officer
No
prosecution or other legal proceeding shall lie against the Protection Officer
unless a complaint is filed with the previous sanction of the State Government
or an officer authorised by it in this behalf.
Section 35 - Protection of action taken in good faith
No
suit, prosecution or other legal proceeding shall He against the Protection
Officer for any damage caused or likely to be caused by anything which is in
good faith done or intended to be done under this Act or any rule or order made
thereunder.
Section 36 - Act not in derogation of any other law
The
provisions of this Act shall be in addition to, and not in derogation of the
provisions of any other law, for the time being in force.
Section 37 - Power of Central Government to make rules
(1) The Central Government may, by notification, make
rules for carrying out the provisions 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 qualifications and experience which a
Protection Officer shall possess under sub-section (2) of section 8;
(b) the terms and conditions of service of the
Protection Officers and the other officers subordinate to him, under
sub-section (3) of section 8;
(c) the form and manner in which a domestic incident
report may be made under clause (b) of sub-section (1) of section 9;
(d) the form and the manner in which an application for
protection order may be made to the Magistrate under clause (c) of sub-section
(1) of section 9;
(e) the form in which a complaint is to be filed under
clause (d) of sub-section (1) of section 9;
(f) the other duties to be performed by the Protection
Officer under clause (i) of sub-section (1) of section 9;
(g) the rules regulating registration of service
providers under sub-section (1) of section 10;
(h) the form in which an application under sub-section
(1) of section 12 seeking reliefs under this Act may be made and the particulars
which such application shall contain under sub-section (3) of that section;
(i) the means of serving notices under sub-section (1)
of section 13;
(j) the form of declaration of service of notice to be
made by the Protection Officer under sub-section (2) of section 13;
(k) the qualifications and experience in counselling
which a member of the service provider shall possess under sub-section (1) of
section 14;
(l) the form in which an affidavit may be filed by the
aggrieved person under sub-section (2) of section 23;
(m) any other matter which has to be, or may be,
prescribed.
(3) Every rule made under this Act 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 or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid,
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.