GENERAL
ADMINISTRATION (SER.C) DEPT.
Cir.Memo.No.6183/Ser.C/2006 Dated: 14-09-2006
Sub: Public Services -
Dowry Prohibition Act, 1961 - Judgement of Hon'ble Supreme Court of India in
W.P. (Civil) No.499/97 dated 2.5.2005 - Certain information relating to Dowry
from the personnel seeking appointment to Government Service and also from
those working in Government on Dowry - Called for – Reg.
Ref: 1. G.O.Ms.No.69, WD, CW & OW Dept.,
Dt.24.06.1989.
2. G.O.Ms.No.117,
WO, CW & OW Dept., Dt.12.12.1997.
3. G.O.Ms.No.8,
WO, CW & DW Dept., Dt.27.01.1998.
4. G.O.Ms.No.72,
WD, CW & OW Dept., Dt.17.11.1998.
5. From the
Secretary, Department of W & CA, Ministry of HRD, New Delhi D.O.
No.9-27/97-WW (Vol. IV) Dated 24.05.2005 along with a copy of Judgement of Hon'ble
Supreme Court of India, dated 2.5.2005 in W.P. 'Civil) No.499/1997.
The
Dowry Prohibition Act, 1961" (Central Act No.28 of 1961) Prohibits all
evil practice of giving and taking of dowry and this Act came into force on 1.7.1961
and it was subsequently amended for its more effective implementation. Further,
the Government of India have also issued "Dowry Prohibition (Maintenance
of lists of presents to the Bride & Bridegroom) Rules, 1985 under section 9
of the said Dowry Prohibition Act, 1961.
2.
In accordance with the provisions of the Dowry Prohibition Act, 1961, the Government
of the Andhra Pradesh have issued orders Vide G.O.Ms.No.1009, GA (Ser.C)
Department, dated 10.6.1965 suitably amending rule 25 of the Andhra Pradesh
Civil Services (Conduct) Rules, 1964 as follows: -
"25-A.
No. Government Servant shall-
(i)
give
or take or abet in giving or taking of dowry; or
(ii)
demand,
directly or indirectly, from the parents or guardian or a bride or bridegroom
as the case may be any dowry.
Explanation:
- for the purpose of this rule "Dowry" has the same meaning as in the
Dowry Prohibition Act, 1961 (Central Act 28 of 1961)"
3.
In G.O.Ms.No.69, WD, CW & DW Department, dated 24.06.1989, orders were issued
under sub-section (1) of section 8 (B) of the Dowry Prohibition Act, 1961
notifying appointment of Dowry Prohibition Officers to exercise the power and
perform the functions as such under the said Act in their respective areas of jurisdiction
and conferring certain powers of the Police Officers on them in discharge of
their duties as Dowry Prohibition Officers. Orders were also issued Vide
G.O.Ms.No.117, WD, CW & DW Department, dated 12.12.1997 appointing an
Advisory Board for each district of the State for the purpose of advising and
assisting the Dowry Prohibition Officers in the State for efficient performance
of their functions under the said Act.
4.
Further in G.O.Ms.No.8, WD, CW & DW Department, dated 27.1.1998 orders were
issued appointing a State level Advisory Board with Hon'ble Minister (W, CW
& CA) as Chairperson to review the implementation of the provisions of the
Dowry Prohibition Act and the rules made thereunder and orders were also issued
Vide G.O.Ms.No.72, WD, CW & DW Department, dated 17.11.1998 framing the
Dowry Prohibition rules under section 10 of the Dowry Prohibition Act, 1961.
5.
The Hon'ble Supreme Court of India in the Judgement, dated 2.5.2005 in W.P.
(Civil) No.499/1997, among other things, directed the Union of India and the State
Governments to consider whether appropriate rules cannot be framed for
compelling males, seeking Government employment, to furnish information on
whether they had taken dowry and if taken, whether the same has been made over
to the wife as contemplated by section 6 of the Act, calling for such information
also from those already in employment.
6.
The Secretary, Department of Women & Child Development, Ministry of HRD,
New Delhi, while enclosing a copy of Judgement, dated 2.5.2005 in W.P. (Civil)
No.499/1997 along with her D.O.Lr.No.5th cited, among other things,
has requested to examine the above said observations made by Hon'ble Supreme Court
of India in the said Judgement, dated 2.5.2005 in W.P. (Civil) No.499/1997 and
requested to take necessary action for framing appropriate rules in this regard.
7.
Government, after careful examination of the matter, hereby direct all the recruiting
/ appointing authorities to obtain information from the persons seeking appointment
to any category by direct recruitment and also from those who are already in
Government Service on the following: -
(a) Whether he /
she has given or taken or abetted in giving or taking of Dowry at the time of
marriage and if so
(b) Whether the said
dowry has been returned to the woman concerned as per the provisions of Dowry
Prohibition Act, 1961.
8.
All the Departments of Secretariat, and all the Heads of Departments and District
Collectors are requested to bring the above instructions to the notice of their
subordinates and see that they are strictly complied with.
J.
HARINARAYAN
Chief
Secretary to Government
OPEN - Conduct Rules - References (open)
