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Act No. 43 of
2005 THE PROTECTION OF
WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 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 CHAPTER I Preliminary 1.(1) This Act may
be called the Protection of Women from Domestic Violence Act, 2005.
(2) It extends to the whole of (3) It shall come into force on such date
as the Central Government may, by notification in the Official Gazette,
appoint. 2. 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; page 2 (b) "child"
means any person below the age of eighteen years and inch any adopted, step
or foster child; (c) "compensation order" means
an order granted in terms of section 2 (d) "custody
order" means an order granted in terms of section 21; (e) "domestic incident report"
means a report made in the prescribed f on receipt of a complaint of domestic
violence from an aggrieved person; (/) "domestic relationship"
means a relationship between two persons \ 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 section3 (h) "dowry"
shall have the same meaning as assigned to it in section 2 of Dowry
Prohibition Act, 1961; (/) "Magistrate" means the Judicial
Magistrate of the first class, or as case may be, the Metropolitan
Magistrate, exercising jurisdiction under the Cc of Criminal Procedure, 1973
in the area where the aggrieved person resides temporarily or
otherwise or the respondent resides or the domestic violence alleged to have
taken place; (/') "medical facility" means
such facility as may be notified by the St 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 I 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 t
domestic violence; (/) "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; («) "Protection Officer" means
an officer appointed by the State Government under sub-section (/) 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 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 (/)
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
responder 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 member, irrespective of whether the respondent or the
aggrieved person has any right, title or interest in the shared household. (f) "shelter
home" means any shelter home as may be notified by the Stat Government
to be a shelter home for the purposes of this Act. page 3 CHAPTER II DOMESTIC VIOLENCE 3. 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. (/') "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; (it) "sexual
abuse" includes any conduct of a sexual nature that abuses, humiliates,
degrades or otherwise violates the dignity of woman; (Hi) "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. page4 CHAPTER HI POWERS AND DUTIES OF PROTECTION OFFICERS,
SERVICE PROVIDERS, ETC. 4. (1) Any person who has reason
to believe that an act of domestic vi 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). 5. A police officer, Protection
Officer, service provider or Magistrate 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 A Act, 1987; (e) of her right to file a complaint
under section 498 A 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. 6. 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. 7. 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 person in
the medical facility. 8. (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 officers subordinate
to him shall be such as may be prescribed. 9. (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; 5 (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 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; l(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 1st 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; (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. 10. (1) Subject to such rules as may be
made in this behalf, any voluntary association registered under the Societies
Registration Act, 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. 11. The Central Government and every
State Government, shall take all measures to ensure that- page 6 (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 police officers and
the members of the judicial services are given 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) protocols for the various
Ministries concerned with the delivery of services to women under this Act
including the courts are prepared and put in place. CHAPTER IV PROCEDURE FOR
OBTAINING ORDERS OF RELIEFS 12. (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 relief 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 (/) 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,
payable in pursuance of the order made by the Magistrate under this Act shall
be against the amount payable under such decree and the decree shall,
notwithstanding anything contained in the Code of Civil Procedure, 1908, or
any other law for the time being in force, be executable for the balance
amount, if any, left after such set off. (5) Every application under sub-section
(/) 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 endeavor to
dispose of every application made under sub-section (/) within a period of
sixty days from the date of its first hearing. 13. (/) 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 alllowed 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 14. (/) 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 (/), he shall fix the next date of hearing of the
case within a period not exceeding two months. Page 7 15. 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. 16.
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. 17. (/) 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. 18. 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. 19. (/) While disposing of an application
under sub-section (/) 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; Page 8 (e) restraining the
respondent from renouncing his rights in the household except with the leave
of the Magistrate; or (/) 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 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 and shall be dealt with
accordingly (5) While passing an order under
sub-section (/), 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 the application on
her behalf in the implementation of the order. (6) While making an
order under sub-section (/), 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. 20. (/) While disposing of an application
under sub-section (/) 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 sec 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 reasonable and consistent with the
standard of living to which the aggrieved person is accustomed. (5) The Magistrate shall have the power
to order an appropriate lump sum payrr or monthly
payments of maintenance, as the nature and circumstances of the case r
require. (4) The Magistrate
shall send a copy of the order for monetary relief made under sub-section (/)
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. Page 9 (5) The respondent shall pay the monetary
relief granted to the aggrieved person within the period specified in the
order under sub-section (/), (6) Upon the failure
on the part of the respondent to make payment in terms of the order under
sub-section (/), 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. 21.
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. 22.
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. 23.
(/) 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. 24.
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. 25. (/) 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. 26. (/) 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
(/) 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. page10 27.
(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 28. (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) 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. 29. 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. CHAPTER V MISCELLANEOUS 30.
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 there under shall be deemed to be public servants within
the meaning of section 21 of the Indian Penal Code. 31. (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 of
the Indian Penal Code or any other provision of that Code or the Dowry
Prohibition Act, 1961, as the case may be, if the facts disclose the
commission of an offence under those provisions. 32. (1) Notwithstanding anything
contained in the Code of Criminal Procedure, 1973, 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. 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. II 34.
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. 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. 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. (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 ail 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 subsection (1) of section 9; (/) the other duties to be performed by
the Protection Officer under clause (i) of sub-section
(/) of section 9; (g) the rules regulating registration of
service providers under sub-section (7) 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; (/') 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. (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. |
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