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State of Jammu-Kashmir - Section

Section 8 in Jammu and Kashmir Protection of Women from Domestic Violence Rules, 2011

8. Duties and functions of Protection Officer (1) It shall be the duty of the Protection Officer

— (i) to assist the aggrieved person in making a complaint under the Act, if the aggrieved person so desires;(ii)to provide the aggrieved person information of the rights and of the remedies and services available under the Act as given in Form IV;(iii)to assist the person in making an application under section 12, or sub-section (2) of section 23 or under any other provision of the Act and these rules;(iv)to prepare a "Safety Plan" including measures to prevent further domestic violence to the aggrieved person, in consultation with the aggrieved person in Form V, after making an assessment of the dangers involved in the situation and on an application being moved under section 12;(v)to provide legal aid to the aggrieved person through the State Legal Services Authority;(vi)to assist the aggrieved person and any child in obtaining medical aid at a medical facility including providing transportation to get the medical facility;(vii)to assist in obtaining transportation for the aggrieved person and any child to the shelter home;(viii)to inform the service providers registered under the Act that their service may be required in the proceeding under the Act and to invite applications from service providers seeking particulars of their members to be appointed as Counsellors in proceedings under the Act under sub-section (1) of section 14 or Welfare Experts under section 15;(ix)to scrutinise the applications for appointment as counsellors and forward a list of the available counsellors to the Magistrate;(x)to revise once in three years the list of available counsellors by inviting fresh applications and forward a revised list of counsellors on the basis thereof to the concerned Magistrate;(xi)to maintain a record and copies of the report and documents forwarded under section 9, 12, 20, 21, 22, 23 or any other provisions of the Act or these rules;(xii)to provide all possible assistance to the aggrieved person and the children to ensure that they are not victimized or pressurized as a consequence of reporting the incidence of domestic violence;(xiii)to liaise between the aggrieved person or persons, police and service provider in the manner prescribed under the Act and these rules;(xiv)to maintain proper records of the service providers, medical facility and shelter homes in the area of his/her jurisdiction;(xv)to take any action necessary to provide for the safety of the aggrieved person and any family or household member;(xvi)to protect the aggrieved persons from domestic violence in accordance with the provisions of the Act and these rules; and(xvii)to take all reasonable measures to prevent the recurrence of domestic violence against the aggrieved person in accordance with the provisions of the Act and these rules.
(2)Without prejudice to the foregoing duties and functions, the Protection Officer, if directed to do so in writing, by the Magistrate shall-
(i)conduct a home visit of the shared household premises and make preliminary enquiry if the Magistrate requires clarification, in regard to granting ex-parte interim relief to the aggrieved person under the Act and pass an order for such home visit;
(ii)after making appropriate inquiry, file a report on the emoluments, assets, bank accounts or any other documents as may be directed by the Magistrate;
(iii)restore the possession of the personal effects including gifts and jewellery of the aggrieved person and the shared household to the aggrieved person;
(iv)assist the aggrieved person to regain custody of children and secure rights to visit them under his/her supervision as directed by the Magistrate;
(v)assist the Magistrate in enforcement of orders in the proceedings under the Act in the manner directed by the Magistrate, including orders under section 12, section 18, section 19, section 20, section 21 or section 23;
(vi)take the assistance of the police, if required, in confiscating any weapon involved in the alleged domestic violence.
(3)The Protection Officer shall also perform such other duties as may be assigned to him by the Government or the Magistrate, in giving effect to the provisions of the Act and these rules from time to time.
(4)The Magistrate may, in addition to the orders for effective relief in any case, also issue directions relating to general practice for better handling of cases, to the Protection Officers within his jurisdiction and the Protection Officers shall be duty bound to carry out the same.