Chandigarh Administration Home Department Notification Dated: No. 1076(GOI)-HIII(3)-2010/ In exercise of the powers conferred by section 19 of the Prohibition of Child Marriage Act 2006(6 of 2007), the Administrator,U. T. , of Chandigarh hereby makes the following rules, namely:- 1.
Short Title – These Rules may be called the Chandigarh Administration Prohibition of Child Marriage Rules, 2010. 2. Definition – (1) In these rules, unless the context otherwise requires,- (a) ‘Act’ means the Prohibition of Child Marriage Act, 2006 (6 of 2007); (b) ‘aggrieved person’ means any of the contracting party to a child marriage; (c)’From’ means a form appended to these rules. 2) The words and expressions used but not defined herein shall have the meanings assigned to them in the Act. 3. Child Marriage Incident Report – (1) Any person who has reason to believe that a child marriage has been, or is being, or is likely to be solemnized, may give information through letter, e-mail or a telephone call or in any other form, to the Child Marriage Prohibition Officer having jurisdiction in the area. 2) Upon receipt of information that a child marriage has been, or is being, or is likely to solemnized, the Child Marriage Prohibition Officer shall prepare a child marriage incident report in From- I and submit the same to the Judicial Magistrate of the First Class or the Metropolitan Magistrate and forward copies thereof to the police officer in-charge of the police station within the local limits of whose jurisdiction the child marriage alleged to have been, or is being, or is likely to be, solemnized. 3) Notwithstanding anything contained in these rules, the Child Marriage Prohibition Officer shall not refuse to record information regarding child marriage on the ground that the child marriage alleged to have been, or is being, or is likely to be, solemnized outside the area of his jurisdiction. He shall record and immediately forward such information to the concerned
Child Marriage Prohibition Officer. The concerned Child Marriage Prohibition Officer to whom such information is forwarded shall record the information in Form I. (4) The Child Marriage Prohibition Officer shall furnish, free of cost, to the Complainant, the copy of Child Marriage Incident Report. 4. Duties of Child Marriage Prohibition Officer. In addition to the duties mentioned in clauses (a) to (f) of sub-section (3) of section 16 of the Act, the Child Marriage Prohibition Officer shall discharge the following functions and duties, namely:- (1) To provide the information about the rights of aggrieved person and his relatives or the person accompanying him or other person under the Act; (2)To provide legal aid to the aggrieved person through the State Legal Aid Services Authority; (3) To inform the aggrieved person about the shelter homes and if required, arrange for their shelter in shelter homes for the purpose of safety of the aggrieved person during the pendency of the proceedings of the Court or otherwise; (4) To Assist the aggrieved person in filing an application in the Court of Judicial Magistrate of the First Class or Metropolitan Magistrate, as the case may be, regarding the offenses committed under the Act; (5) To keep vigilance in the area under his jurisdiction for eliminating the possibility of solemnization of child marriage; (6) To inform the police authorities including the special police officers appointed under the Immoral Traffic (Prevention) Act, 1956 (104 of 1956), if he comes to know of the solemnization of any child marriage wherein the child being a minor, is ,- (i) taken or enticed out of the keeping of the lawful guardian; or (ii) compelled by force; or (iii) induced by any deceitful means to go from any places; or (iv) sold for the purpose of marriage, and made to go through a form of marriage; or (v) married and after which is sold or is trafficked or used for immoral purpose; (7) To,- (i) use print, broadcasting and all other forms of media; (ii) organize lectures of experts in medicine, law, social work, psychology, and other experts; (iii) organise awareness drives and campaigns; (iv) organise visits to educational institutions; and (v) hold meetings for the residents of the locality; or the purpose of creating awareness of the evils that result from child marriages and for sensitizing the community on the issue of child marriages; (8) To maintain a record and copies of the relevant documents submitted to the District Court, Judicial Magistrate of the First Class or Metropolitan Magistrate, as the case may be; (9) To assist, if requested by either or both the parties to the child marriage, in preparing a list of money, valuables, omaments and gifts received on occasion of the marriage by them from the other side for placing it before the District Court during the proceeding of annulment of child marriage. Ram Niwas, Home Secretary, Chandigarh Administration Form I (See Rule 3) Child Marriage Incident Report 1. Details of the complainant/party to the child marriage : (1) Name of the complainant/party to the child marriage : (2) Age : (3) Present Address : (4) Phone Number, if any : 2. Details of respondents :” Sr. No. Name Address Telephone No. , if any 3. Details of Marriage : Sr. No. Date, Place and Time of Child Marriage Performer
Audience Remarks Priest Relative Friends Others 4. List of documents attached : Name of document Date Any other details Birth Certificate Doctor’s Certificate for age verification List of money, ornaments, valuables, gifts given at the time of marriage 5. Order that need to be obtained under the Prohibition of Child Marriage Act, 2006 (6 of 2007) Sr. No. Orders Yes / No. Any other 1 Prohibitory injunction under section 13. 2 Annulment order under section 3. 3 Residence order under section 4(4) 4 Maintenance order under section 4(1). 5 Custody order under section 5. 6 Restriction order under section 3(4). 7 Any other order. 6. Assistance needed :
Sr. No. Assistance available Yes / No. Nature of Assistance 1 Counsellor 2 Police Assistance 3 Assistance for initiating Criminal Proceedings 4 Shelter home 5 Medical Facilities 6 Legal Aid Place …………….. Date…………….. ………………………………………………………………………….. (Counter signature of Prohibition Officer/Service Provider) Name ………………………………………………………………….. Address……………………………………………………… (Seal) —————————— (Mah. Govt. Gazette dt. 5-9-2010,Extraordinary, Part 4-A, Page 691. ) | |