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Section 10 – The Protection Of Women From Domestic Violence Act, 2005,

The Protection Of Women From Domestic Violence Act, 2005

 

 

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 (1 of 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.

 

Comments

This section provides for the registration of certain entities with the State Government as a service provider for the purposes of the Act. Any voluntary association registered under the Societies Registration Act, 1860 or a company registered under the Companies Act, 1956 or under any other law, having the objective of protecting the rights and interests of women by lawful means including providing legal aid, medical, financial or other assistance shall be eligible to be registered under the Act as per the procedure laid down by rules. This section also enumerates the powers of a service provider. Such powers include the power to record the domestic incident report, to get the aggrieved person medically examined and to ensure that the aggrieved person is provided shelter in a shelter home, if she so requires. This section further provides immunity to the service provider or any member of the service provider for anything done or intended to be done in good faith under the Act, from any suit, prosecution or other legal proceeding.

 

[Notes on Clauses]

 

 

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The Protection Of Women From Domestic Violence Act, 2005,

 

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