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The Protection of Women from Domestic Violence Act, 2005

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THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

CHAPTER V

MISCELLANEOUS

 

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 of the Indian Penal Code (45 of 1860).

 

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 Magistrates may also frame charges under section 498A of the Indian Penal Code (45 of 1860) 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.

 

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.

 

33.     Penalty   for   not   discharging  duty  by   Protection   Officer.—If   any Protection Officer fails or refuses to discharges 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.

 

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.

 

35.     Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie 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.

 

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.

 

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.

(1)       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 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 counseling 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.

(2)       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.




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