PWDVA 37 — Power of Central Government to make rules

Protection of Women from Domestic Violence, 2005

Statutory text

(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 all 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 sub-section (1) of section 9;
(f) the other duties to be performed by the Protection Officer under clause (i) of sub-section (1) of
section 9;
(g) the rules regulating registration of service providers under sub-section (1) 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;
(j)  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 counselling 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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