PUBLISHED BY AUTHORITY
NO. 856 CUTTACK, THURSDAY, JUNE 8, 2000/ JAISTHA 18, 1922
WOMEN & CHILD DEVELOPMENT DEPARTMENT
The 5th June 2000
S.R.O. No. 410/2000- In exercise of the powers conferred by Section 10 of the Dowry
Prohibition Act, 1961 (28 of 1961), the State Government do hereby make the following
Rules to carry out the purposes of the said Act, namely:-
1. (1) These Rules may be called the Orissa Dowry Prohibition Rules, 2000
(2) They shall come into force on the date of their publication in the Orissa
2. (1) In these rules, unless the context otherwise required,-
(a) ‘Act’ means the Dowry Prohibition Act, 1961;
(b) ‘Commission’ means the State Commission for Women constituted
under the Orissa State Commission for Women Act, 1993 (Orissa Act
19 of 1994);
(c) ‘Complaint’, ‘District’, ‘District Magistrate’ and ‘Public Prosecutor’
shall have the same meaning as respectively assigned to them under
the Code of Criminal Procedure, 1973 (Act 2 of 1974);
(d) ‘Director’ means the Director of Social Welfare, Orissa, an Officer
appointed as such by the Government;
(e) ‘Dowry Prohibition Officer’ means an Officer appointed as such by
the State Government under Section 8-B;
(f) ‘Family Counseling Centre’ means those institutions or organisations
which are recognised by the Government by notification or otherwise
for the purpose;
(g) ‘Form’ means form appended to these Rules;
(h) ‘Government’ means the Government of Orissa;
(i) ‘ Section’ means a section of the Act;
(j) ‘Superintendent of Police’ means the District Superintendent of
Police and shall include any Additional District Superintendent of
Police or other person appointed by general or special orders of the
Government to perform all or any of the duties of a District
Superintendent of Police under the Police Act, 1861 in any district; and
(k) ‘Voluntary Organisation’ means any institution or organisation
registered under the Societies Registration Act (Act XXI of 1860) and
recognised as such by the Government.
(2) All other words and expressions used by not defined in these Rules shall have
the same meaning as respectively assigned to them in the Act, the Code of Criminal
Procedure, 1973 the Indian Penal Code, 1860 and the Indian Evidence Act, 1872.
3. The additional function to be performed by the Dowry Prohibition Officer
shall be as follows:-
(a) He shall create awareness among the public against dowry by holding
camps and by other suitable means with the assistance of other
Departments of Government and Voluntary organisations;
(b) He shall settle dispute relating to dowry by counseling or otherwise
with the assistance of the Family Counseling Centres or other persons/
Institutions as selected by him;
(c) He shall take steps necessary for expeditions investigations of such
cases by police agency;
(d) He shall send the evidence collected by him relating to the offences
under the Act to the concerned police officer investigating the case
who may take such evidence into consideration;
(e) He shall advice the Public Prosecutor or Assistant Public Prosecutor,
as the case may be, relating to any case under the Act during trial;
(f) He shall submit quarterly reports to the District Magistrate or
Superintendent of Police or the Director or the Commission, as the
case may be, relating to the number of complaints received, action
taken and settlement made, if any, in Form-A;
(g) He shall maintain separate files with relevant records for each
individual case of complaint; and
(h) He may also refer any case to the Advisory Board constituted under
rule 7 of these rules for their advice/assistance.
4. The Dowry Prohibition Officer,-
(i) shall entertain complaints of any offence under the Act from any
person aggrieved or parents or other relatives of the victim in person or
by post. He may also take suo motu action on his own information or
otherwise of such offences;
(ii) shall serially number and duly register the complaints so received in a
Register in Form-B;
(iii) shall examine to complaint, take up preliminary enquiry to collect such
evidence as to the genuineness of the complaints;
(iv) shall give notice to the parties and witnesses intimating them the date,
time and place of hearing of the complaint in order to collect evidence;
(v) shall hear the parties and witnesses and record their evidence in a
summary manner; and
(vi) may utilize the services of other Officers for collecting secret
information or assisting him in the enquiry relating to a complaint.
5. Dowry Prohibition Officer shall exercise same power as exercised by the Subdivisional
Magistrate under the Code of Criminal Procedure, 1973 for the purpose of
summoning witnesses, ensuring attendance and production of document during the enquiry.
6. Parties to any marriage or any of the parents of either party to any marriage
shall furnish a list of presents maintained under the Dowry Prohibition (Maintenance of Lists
of Presents to the Bride and Bridegroom) Rules, 1985, framed under the Act, if so required
by the Dowry Prohibition Officer.
7. (1) The Government on recommendation of the District Magistrate shall appoint
an Advisory Board consisting of five social welfare workers, out of whom at least two shall
be women form the area under the jurisdiction of the concerned Dowry Prohibition Officer.
There shall be proper representation from the weaker sections of the society and legal
profession in the Advisory Board.
(2) Three members including the Chairperson, shall constitute the quorum to
transact the business of the meeting of the Board.
(3) (i) The Board shall be appointed by the Government from the area in
respect of which such Board shall be formed.
(ii) The tenure of such Board shall normally be three years, and members
of the Board can be renominated for a maximum of two consecutive
(iii) The Government shall, however, have the right to supersede such
Board at any time without assigning any reason thereof.
(4) (a) There shall be a Chairperson for each Advisory Board who shall be
nominated from among the members or, as the case may be, elected by
(b) The Dowry Prohibition Officer shall act as Convener of the Board or
he may direct any subordinate officer of his choice to act as such in his
(5) The Convener shall, with the consent of the Chairperson, call for meetings of
(6) The functions of the Advisory Board shall primarily include the following,
(a) to discuss the quarterly reports of the Dowry Prohibition Officer;
(b) to render advice and assistance to the Dowry Prohibition Officer as and
when necessary; and
(c) to discuss any other matter relating to dowry problem and to convey its
opinion to the Dowry Prohibition Officer.
(7) The Convener shall send a copy of the proceedings of each meeting of the
Advisory Board within a fortnight from the date of meeting to,-
(i) the District Magistrate;
(ii) the Sub-divisional Magistrate; and
(iii) the Director.
8. (1) The membership of any member of the Advisory Board shall cease in case of
(i) remaining absent at three consecutive meetings of the Board without
sufficient reasons, or
(ii) for any other reasons to be assigned by the Government.
(2) To fill up the resultant vacancy, a new member may be nominated by the
District Magistrate for the remaining period of the term of the Board.
9. Every Dowry Prohibition Officer shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code.
10. Any rules, regulations or orders corresponding to these rules and in force
immediately before the commencement of these Rules, are hereby repealed.
Provided that any order made, or action taken under the rules, regulations or orders so
repealed shall be deemed to have been made or taken under these rules.
11. If any question arises relating to the interpretation of these rules, the same
shall be referred to the Government for decision.