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NCT Delhi - Section

Section 4 in Delhi Dowry Prohibition Rules, 2000

4. Procedure for filing complaints.

- (i) A complaint may be filed by any aggrieved person or a parent or other relative of such person or by any recognised welfare institution or organisation, in writing to the dowry prohibition officer, either in person or through a messenger or by post.
(ii)Every such complaint received by the dowry prohibition officer shall be serially numbered and duly registered in a register in Form-II.
(iii)The dowry prohibition officer shall scrutinise the complaint and if it is found that the nature and the contents of the complaint are such that it is apparently coming within the purview of Section 3 or Section 4 or Section 4A or Section 5 or Section 6, he shall immediately conduct an enquiry to collect such evidence from the parties as to the genuineness of the complaint.
(iv)The dowry prohibition officer shall conduct an on-the-spot investigation and may collect evidence, either oral or in writing, from the parties or witnesses in his office or in a place convenient to him without causing much inconvenience or hardship to the parties.
(v)The dowry prohibition officer shall intimate or serve notices to the parties and witnesses of the date, time and place of hearing on the complaints in Form III.
(vi)The dowry prohibition officer shall fix different dates for hearing of the parties or witnesses if he thinks that the proceedings cannot be concluded in a day or for any other grounds which appear to be valid or reasonable to him.
(vii)The dowry prohibition officer shall draw up a calendar for the hearing of petitions and, as far as possible hear and record his finding as to the commission of the offence as soon as the hearing is concluded.
(viii)Every petition shall be enquired into and heard and come to a finding within three months from the date of its receipt. Provided that the dowry prohibition officer may, in his discretion, take a further time of one month to come to a finding where he is satisfied that there exists sufficient cause for such extension of time to come to a finding.
(ix)Where on the date fixed for hearing of the complaint or petition or or any other date to which such hearing may be adjourned, the complainant or petitioner does not appear the dowry prohibition officer may, in his discretion, either dismiss the complaint or petition for default, or hear and come to a finding as to its merit which shall be recorded in the case file.
(x)The dowry prohibition officer shall have the power to decline an adjournment request or petition and limit the time for oral evidence or proceedings.
(xi)The dowry prohibition officer may, if sufficient cause is shown during any stage of investigation or hearing or proceedings, grant time to the parties, witnesses or any of them and adjourn the hearing of the application.
(xii)The dowry prohibition officer may utilise the services of social welfare workers of the advisory board appointed by the Government under sub-section (4) of Section 8-B for collecting information or conducting enquiries or assisting in any stage of enquiries or proceedings relating to a complaint or petition or application under the Act.
(xiii)On receipt of requisition from the dowry prohibition officer, the welfare officers shall conduct necessary details or report promptly as requested by the dowry prohibition officer.
(xiv)The dowry prohibition officer shall be competent to issue any direction to the parties to prevent commission of any offence under the Act if he thinks such preventive measures would be effective and useful to maintain harmonious relationship with the spouses and their families.
(xv)In all cases investigated under the Act, the proceedings shall be conducted in a home-like atmosphere ensuring the dignity of the parties and without causing much disturbance to the sanctity of family life.
(xvi)Where any dowry is received by any person other than the women and a complaint is received in respect of non-transfer of such dowry to the woman who is entitled to it in accordance with Section 6 of the Act, the dowry prohibition officer shall issue directions to parties to transfer the same within the stipulated time.