STATE AMENDMENT

Gujarat

 In its application to the State of Gujarat, Section 10 is deleted.

[Gujarat Act 11 of 1964]

11. [Power to take security from complainant.] Repealed by the Child Marriage Restraint (Amendment) Act, 1949 (41 of 1949), Sec. 7.

12. Power to issue injunction prohibiting marriage in contravention of this Act.  (1) Notwithstanding anything to the contrary contained in this Act, the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnised, issue an injunction against any of the persons mentioned in Sections 3, 4, 5 and 6 of this Act prohibiting such marriage.

(2) No injunction under sub-section (1) shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to show cause against the issue of the injunction.

(3) The Court may either on its own motion or on the application of any person aggrieved rescind or alter any order made under sub-section (1).

(4) Where such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the Court rejects the application wholly or in part, it shall record in writing its reasons for so doing.

(5) Whoever knowing that an injunction has been issued against him under sub-section (1) of this section disobeys such injunction shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both:

Provided that no woman shall be punishable with imprisonment.

STATE AMENDMENT

Gujarat

 After Section 12 the following sections added namely: 

 13 Child Marriage Prevention Officers.  (1) The State Government may, by notification in the official Gazette, appoint for the whole State or for such part thereof as may be specified in that notification an officer to be known as Child Marriage Prevention Officer.

 (2) It shall be the duty of the Child Marriage Prevention Officer, 

 (i)to prevent marriages being performed in contravention of the provisions of this Act by taking such action under this Act as he deems fit;

 (ii)to collect evidence for the effective prosecutions of persons contraventing provisions of this Act; and

 (iii)to discharge such other functions as may be assigned to him by the State Government.

(3) The State Government may, by notification in the official Gazette, invested the Child Marriage Prevention Officer with such powers of a Police Officer as may be specified in the notification and the Child Marriage Prevention Officer shall exercise his powers subject to such limitations and conditions as may be specified in the notification.

(4) The State Government may associate with each Child Marriage Prevention Officer a non-official advisory body consisting of not more than five social welfare workers, of whom at least two shall be women workers known in the area within the jurisdiction of the officer for the purposes of advising and assisting him in the performance of his functions under this Act.

(5) The terms and conditions of appointment of persons on the advisory body shall be such as may be prescribed by rules.

13-A. Officer appointed under the Act to be public servant. The Child Marriage Prevention Officer appointed under Section 13 shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.

13-B. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the Child Marriage Prevention Officer appointed under this Act in respect of anything in good faith done or intended to be done in pursuance of this act or of any rules or orders made thereunder.

14. Power to make rules. (1) The State Government may, by notification in the official Gazette, make rules, for the purposes of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for all matters expressly required or allowed by this Act to be prescribed by rules.

(3) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.

(4) All rules made under this section shall be laid for not less than thirty days before theState Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

(5) Any rescission or modification so made by the State Legislature shall be published in the official Gazette and shall thereupon take effect.

[Gujarat Act 11 of 1964 and 4 of 1973]

<< PREV PAGE - HOME PAGE >>


Published by MyNation Foundation
Back to Home Page
Design Copyright © 2020. MyNation.net,India