The Protection of Women from Domestic Violence Rules (2005)

URL : http://ncw.nic.in/DomesticViolenceBill2005.pdf

The Protection of Women from Domestic Violence Rules (2005)

In exercise of the powers conferred by Section – 37 (1) of the

“Protection of Women from Domestic Violence Act, 2005 (of 2005)” the

Central Government hereby makes the following rules for carrying out

the provisions of the Act.

1. Short Title and commencement –

a) These rules may be called “The Protection of Women from

Domestic Violence Rules, 2005″.

b) They shall come into force on the date of their publication in

the official Gazette.

2. Definitions –

In these rules unless the context otherwise requires –

a) “Act” means “The Protection of Women from Domestic

Violence Act, 2005″ (43 of 2005).

b) Government includes the Government of Union Territories,

State and Central Government.

3. Qualifications and experience of a protection officer and the

terms and conditions of service of the protection officers under

Section 37 (2) (a) and (b) of the Act – the state government

shall by notification nominate /appoint / re-designate all/any of

the following persons as protection officer and notify the

area or areas within which the protection officer shall

exercise powers and perform the duties conferred upon him

under the Act

i) The Protection Officer shall be an officer of the State

Government not below the rank of Deputy Tehsildar or a

block development officer or

ii) Any representative of a non-governmental organization or a

representative of the service provider registered under the

Act, may be appointed , on such terms and conditions as

may be prescribed by the State Government, as a

protection officer provided that such a person has been

serving in the organization for at least 2 years and has been

working in the area of empowerment of women

iii) The terms and conditions of service of a Protection Officer

may be such as may be prescribed by the State

Government.

iv) Not less than one Protection Officer shall be appointed for

the area of a judicial magistrate. The State Government

may however appoint more than one Protection Officer

having regard to the area & volume of work involved.

v) The state government shall provide the protection officer

the necessary infrastructural facilities for the running of his

office and the financial provisions for the same shall be

made by the respective governments in the same manner ,

as for the office of the assistant public prosecutor , which

shall include clerical, transport and other facilities and

reimbursements for the performance of the duties as

assigned to the Protection officer

vi) For the effective implementation of the Act, the state

government shall designate a Nodal Ministry to over see,

supervise and monitor the effective implementation of the

Act

4. Form and manner of domestic incident report – a domestic

incident report under section 37 (2) (c ) –

(a) On receipt of a complaint or information, the protection

officer or a service provider shall record domestic incident

report under section 9(1)(b) or section 10(2)(a) of the Act, in

the form prescribed in FORM 1 of schedule I

(b) Such domestic incident report shall be signed by the

aggrieved person or by any person giving such information

conveyed orally or in writing to the Protection Officer. Oral

information shall be reduced to writing. Every such

information, whether given in writing or reduced to writing as

aforesaid, shall be signed by the person giving it. A copy of

the information as recorded under (c) shall be given

forthwith, free of cost to the informant.

(d) Copy of Domestic Incident Report shall be provided to the

aggrieved person free of cost.

5. Applications to the Magistrate – (1) Applications to the magistrate

under sec 37 (2) (d) and sec 12 for protection, residence orders

and other relief’s as provided under the Act shall be made in the

manner prescribed in FORM II of schedule I .

(2) In case the person giving any information or aggrieved

person is illiterate, the contents of the application shall be

read over and explained to her, by the protection officer,

bearing a thumb impression of the aggrieved person, and

shall be forwarded to the concerned police station.

(3) The applications under Section 12 of the Act shall be dealt

with and the orders enforced in the manner prescribed

under Section 125 of the Cr.PC.

6. Application under Section 9 (1) (d) for legal aid – application for

legal aid and services shall be made in the manner prescribed in

FORM III of schedule I

7. Other duties to be performed by the protection officer

(1) The protection officer shall, in addition to the duties assigned

to him under the Act:-

(a) give the aggrieved person immediate and adequate

notice of her rights and of the remedies and services

available by ensuring that the information and the

contents of the Act are adequately explained to the

aggrieved person , in the manner prescribed in form IV of

schedule I

(b) Maintain a record and copies of the report or

documents forwarded under Section 9, 12, 20, 21, 22, 23 or

any other provisions of the Act or the rules.

c) Provide all possible assistance to the aggrieved person

and the child to ensure that she is not victimized or

pressurized as a consequence of reporting the incident of

domestic violence.

d) Take any action necessary to provide for the safety of

the aggrieved person and any family or household member.

e) Liaison between the aggrieved person(s), police,

service provide in the manner prescribed under the Act and

Rules.

f) Maintain proper records of the service providers,

medical facility shelter homes in the area.

g) The protection officer shall scrutinize the applications

and maintain a list of the counselors which shall be made

available to the Magistrate.

h) Action to be taken in cases of emergency – If the

protection officer or a service provider receives a telephone

call either from the aggrieved person or from any person

who has reason to believe that an act of domestic

violence is being or is likely to be committed and in a such

emergency situation the protection officer or the service

provider shall seek immediate assistance of the police who

shall accompany the protection officer or the service

provider to the place of occurrence and record the

Domestic Incident Report and the same be presented to

the Magistrate at the earliest without any delay for seeking

appropriate orders under the Act.

(2) Duties to be performed on the orders of the court – The

Protection Officer, when 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 court requires

clarification, in regard to granting ex-parte interim relief to

the complainant/aggrieved person under the Act and

passes an order for such home visit.

ii) After making appropriate inquiry, file a report on the

salary emoluments assets bank accounts or any other

documents as may be directed by the court.

iii) Restore the possession of the personal effects including

jewellery of the aggrieved person and the shared household

to the aggrieved person.

iv) Assist the aggrieved person to regain custody of

children or secure visitation rights under supervision as

directed by the court.

v) Assist the court in enforcement of orders in the

proceedings under the act in the manner directed by the

magistrate, including orders under Section 12, 18, 19, 20, 21

or 23 in such manner as directed by the court.

vi) Take the assistance of the police in confiscating any

weapon involved in the alleged domestic violence.

[ 3]. The protection officer shall also perform any other duties

prescribed by the government or the magistrate from time

to time. The magistrate may in addition to orders for

effective relief in any cases, also issue general practice

directions for better handling of the cases, to the

Protection Officer within his jurisdiction.

8. Registration of service providers – (Under Section 37 (2) (g) read

with Section 10 (1):

1) The service providers to be registered under Section 10(1) of

the Act shall apply for registration to the Protection Officer, as per

the format in Form V in Schedule1, and the Protection Officer in

whose area the service providers want to extend their facilities

shall maintain the list of such registered service providers.

2) The service provider to be registered under Section 10(i) of

the Act shall possess the following minimum qualifications:

a) The service provider should have been rendering the

kind of services it is offering under the act for at least

two years before applying for registration under the act.

b) In case of service providers running a medical facility,

or a psychiatric counseling centre, or a vocational

training institution, the registering authority shall ensure that

the applicant fulfils the requirements for running such a

facility or the institution prescribed as prescribed by the

regulatory bodies regulating the respective professions or

institutions.

c) In case of Service Providers running shelter homes, or

any other facility the registering authority shall inspect the

shelter home, prepare a report and record a finding on

the report, detailing that adequate space and other

facility for the persons seeking shelter is available.

d) Fulfill all the requirements as prescribed in Form No V of

schedule 1.

e) The protection officer shall maintain proper records by

way maintenance of registers duly indexed, containing the

details of the service provider.

9. Means of service of notices under Section13 (1) – The

notice/summon for appearance under S-13 (1) of the Act shall be

as prescribed under the Cr.PC.

2) The Service of notice/summons shall be made as prescribed

in chapter VI of the CRPC

3) Any order, service of notice or summon shall entail the same

consequences, as an order passed under Chapter VI of ‘The

Code of Criminal Procedure, 1973′.

4) The Declaration of Service by the Protection Officer under

Section 13(2) of the Act, shall be made by countersigning

the copy of the notice/summon along with the signatures of

the person who received the summon/notice.

10. Counseling – a counselor appointed by the magistrate under

section14 (1) shall possess the following qualifications and

experience

(a) An order for appointment of counselor under Section 14 (1)

of the Act shall be made only after passing orders for interim relief

under Section 12, 18, 19, 20, 21, 22 or 23 of the Act.

(b) The factors warranting counseling shall include the factor

that the respondent shall furnish an undertaking that he would

refrain from causing such domestic violence as complained by

the complainant and in appropriate cases an undertaking that

he will not try to meet, or communicate in any manner through

letter or telephone, e mail or through any medium except in the

counseling proceedings before the counselor.

(d) Possessing any of the following qualifications/experience:-

(i) Any person who is related to anyone of the parties and

not connected either directly or indirectly with the

issue/dispute provided that both the aggrieved person and

the respondent consent to appointment of such a person as

a counselor; or

(ii) At least 2 years experience of counseling in any Govt.

or Non-Govt. organization; or

(iii) Any legal practitioner having experience in handling

cases relating to deprivation of women’s rights or with at

least 2 years experience with the legal services authorities

constituted under Legal Service Authorities Act, 1987.

(e) The protection officer shall assist the magistrate in the

appointment of a counselor.

11. Procedure to be followed by a counselor

a) The counselor shall work under the general supervision of the

court and/or Protection Officer.

b) The counselor shall convene a meeting at a place

convenient to/aggrieved woman/both the parties.

c) Shall assist the parties to reconciliation and shall obtain a

written statement from the respondent that the incident of

Domestic Violence shall not be repeated and in general

strive to arrive at the understanding and redressal of

aggrieved women’s grievances and reformulating the terms

for settlement wherever required.

d) The respondent shall not be allowed to plead any

justification for the alleged act of domestic violence in

counseling. Any justification for the act of domestic

violence by the respondent is not allowed to be a part of

the counseling proceeding, should be made clear to the

respondent, before the proceedings start.

e) The respondent shall furnish an undertaking to the

respondent that he would refrain from causing such

domestic violence as complained by the aggrieved person

and in appropriate cases an undertaking that he will not try

to meet, or communicate in any manner through letter or

telephone, e-mail, or through any other medium except in

the counseling proceedings before the counselor.

f) If the aggrieved person so desires the counselor shall make

efforts of arriving at a settlement of the matter. The limited

scope of such efforts shall be to arrive at the understanding

of the grievances of the aggrieved person and redressal of

her grievances. The efforts shall focus on evolving remedies

or measures for such redressal. The counselor shall strive to

arrive at a settlement of the dispute by suggesting

measures for redressal of grievances of the complainant by

taking into account the measures or remedies suggested by

the parties for counseling and reformulating the terms for

the settlement wherever required.

g) The counselor shall not be bound by the provisions of the

Evidence Act, 1872 or the Code of Civil Procedure, 1908, or

the Code of Criminal Procedure, 1973, and his action shall

be guided by the principles of fairness and justice and

aimed at finding way to bring an end to domestic violence

to the satisfaction of the aggrieved person. In making such

an effort the counselor shall seek guidance from the wishes

and the sensibilities of the aggrieved person.

h) The report of the counselor shall be submitted to the

Magistrate for appropriate action.

i) On arriving at a settlement the counselor shall report the

terms of the settlement of the parties, after explaining the

terms to the parties in the language of the parties and

getting it endorsed by the parties. The court may accept

the terms, on being satisfied, about the efficacy of the

solution, after a preliminary enquiry from the parties,

recording reasons for such satisfaction, which may include

undertaking by the respondents to refrain from repeating

acts of domestic violence. The court shall on being so

satisfied pass an order, recording the terms of the settlement

or an order modifying the terms of the settlement on being

so requested by the aggrieved person with the consent of

the parties.

j) In cases, where a settlement cannot be arrived at in the

counselor proceedings, the conciliator shall report the

failure of such proceedings and the court shall proceed with

the case under the Act. The record of proceedings shall

not be deemed to be material on record in the case on the

basis of which any inference may be drawn or an order

may be passed. The court shall pass an order under Section

25 (2) of the Act, only after being satisfied that the

application for such an order is not vitiated by force, fraud

or coercion or any other factor. The reasons for such

satisfaction shall be recorded in writing in the order, which

may include any undertaking or surety given by the

respondent.

12. Shelter and medical assistance to the aggrieved person:

a) If the aggrieved person so desires, the shelter home shall not

disclose the identity of the aggrieved person in the shelter

home or communicate the same to person complained

against.

b) The shelter home shall not refuse shelter to an aggrieved

person under the Act, for her not having lodged a domestic

incident report, prior to making request for shelter.

13. MEDICAL FACILITY –

a) The medical facility shall not refuse medical assistance to an

aggrieved person under the Act, for her not having lodged

a domestic incident report prior to making request for

medical assistance or examination.

b) A copy of the medical examination report shall be provided

to the aggrieved person by the medical facility free of cost.

14. Breach of protection orders –

(a) An aggrieved person may report a breach of protection

order to the Protection Officer. The report shall be in writing

by the informant and duly signed by her. The Protection

Officer shall forward a copy of such complaint with a copy

of the protection order of which a breach is alleged to the

concerned magistrate for appropriate orders.

(b) When charges are framed under Section 31of the Act and

offences under Section – 498A Indian Penal Code, 1860, or

any other offence not summarily triable, the court may

separate the proceedings for such offences to be tried in

the manner prescribed under Code of Criminal Procedure

and proceed to summarily try the offence of the breach of

Protection Order under S-31 of the Act, in accordance with

the provisions of chapter XXI of the Code of Criminal

Procedure, 1973.

regarding arrest, compelling appearance, summary trial,

sentence and conviction shall apply to any offence under

Section 31 of the Act.

(d) Any resistance to the enforcement of the orders of the court

under the Act by the respondent or any other person

purportedly acting on his behalf shall be deemed to be a

breach of protection order or an interim protection order

covered under Section 31(1) of the Act.

(e) Each breach of protection order shall be a separate

offence warranting separate charges under the Act.

(f) Without prejudice to the provisions of the Criminal

Procedure Code, 1973, a breach of the protection order

under Section 31(1) of the Act, may immediately be

reported to the local police station and shall be dealt with

as a cognizable offence as provided under Section 31 of

the Act.

(g) While enlarging the person on bail arrested under the Act,

the court may impose the following conditions to protect

the aggrieved person and to ensure the presence of the

accused before the court, which may include:-

(i) An order restraining the accused from threatening to

commit or committing or committing an act of domestic

violence.

(ii) An order preventing the accused from harassing,

telephoning or making any contact with the aggrieved

person.

(iii) An order directing the accused to vacate and stay

away from the residence of the aggrieved person or any

place she is likely to visit.

(iv) An order prohibiting the possession or use of firearm or

any other dangerous weapon.

(v) Any other order required for protection, safety and

adequate relief to the aggrieved person.

(vi) Violation of conditions of bail shall attract the issuance

of a Non-Bailable Warrant and immediate arrest of the

accused.

SCHEDULE – I

FORM NO. I

Form and manner – Domestic Incident Report under Section 9 (b) and 37 (2) (c).

1. Name of the complainant/aggrieved person

2. Address

3. Mode of transmission of complaint

Oral/verbal _

Writing _

4. Nature of complaint (brief gist)

(Enclosed copy of the complaint)

5. Name/Address of the respondent

6. Person to whom information first communicated..

7. Report recorded by:- protection officer/ service provider ——————

8. Designation /address

(Signature/thump impression of complainant)

(Counter signature of SP/PO)

Complaint Received by:

1. Name/designation of Protection Officer

2. Address

3. Whether the complaint is covered under

Section 3 (a)(b), (c) (d) of the Act. Yes _ No _

Signature of Protection Officer

Copy forwarded to:-

1. Local police station

2. Service provider

3. Complainant

4. Magistrate

SCHEDULE – I

FORM NO. II

Petition/Application to the Magistrate under Section 9 (1) read with Section 12 of the

Act and Section 37 (2) (d), (e) and (h) of the Act.

The Learned Magistrate

…

Application under the .Act

SHEWETH:

1. That the application under Sectionof Act is being filed along with

copy of (Domestic Incident Report) by the :-

a) Aggrieved person _

b) Protection Officer _

c) Any person on behalf of the aggrieved person _

(Tick whichever is applicable)

2. It is prayed that the Hon’ble Court may take cognizance of the

complaint/Domestic Incident Report & pass all/any of the orders, as deemed fit,

in the circumstances of the case.

a) Pass protection orders under Section 18 of the Act and/or

b) Pass residence orders under Section 19 of the Act and/or

c) Direct the respondent to pay monetary relief under Section 20 of the Act and /or

d) Pass orders under Section 21 of the Act and/or

e) Direct the respondent to grant compensation/damages under Section 22 of

the Act and/or

f) Pass such interim orders as the court deems just and proper;

g) Pass any orders as deems fit in the circumstances of the case;

(Signature)

Aggrieved person

Protection Officer

SCHEDULE – I

FORM NO. III

APPLICATION FOR LEGAL SERVICE under sec 9(1)(d) of the Act read with sec 37 (2)(e)

SUB: APPLICATION FOR LEGAL AID/SERVICES UNDER THE LEGAL SERVICES AUTHORITIES Act

1987

1. Name

(In block letters)

2. Respondents name

3. Address:

a) Residential

b) Occupational

4. Status Single/Married

5. Whether Scheduled Castes/Scheduled Tribes/Women/Child. ——————

6. Whether domestic incident report enclosed Yes _ No _

Signature

Name ..

Address

Date:

Place:

SCHEDULE – I

FORM No. IV

INFORMATION TO THE AGGRIEVED PERSON ON HER RIGHTS UNDER THE ACT

If you are a aggrieved person of domestic violence and you believe that you

require the assistance of the protection officer or a police officer, you will have the right to

request that the officer assists you in providing for your safety, including asking for an

appropriate protection order in view of the risk of the violence to you and your children.

You may also request the officer assist you in obtaining your essential personal effects and

locating and taking you to a including any registered service provider under the Act but

not limited to it or to a family member’s or a friend’s residence, or a similar place of safety.

If you are in need of medical treatment for yourself or your children, you have the right to

request that the officer assist you in getting medical treatment. You may request a copy of

any report or application to the court filed in your case, free of cost.

You can ask the protection officer to assist you in registering an FIR in the police

station. You also have the right to ask the protection officer to assist you in reporting the

matter yourself directly to the concerned court or filing any application yourself directly in

the concerned court and not through the Protection Officer.

You can seek the following relief’s from the concerned court –

a) An order enjoining your abuser from threatening to commit or committing further

acts of domestic violence or violence to any person in whom you may be interested;

b) An order prohibiting your abuser from harassing, annoying, telephoning, contacting

or otherwise communicating with you, directly or indirectly.

c) An order removing your abuser from residence;

d) An order directing your abuser to stay away from your residence, school, place of

employment, or any other specified place frequented by you and another family or

household member;

e) An order prohibiting you abuser from using or possessing any firearm or any other

weapon or dangerous substance as specified by the court.

f) An order granting you possession of your personal effects and other necessary

articles in the shared household and an order to put you again in the possession of the

shared household;

g) An order granting you custody of your child or children;

h) An order denying your abuser visitation;

i) An order specifying arrangements for visitation, including requiring supervise

visitation;

j) An order for interim monetary relief, including but not limited to payment of rent for

the premises of the shared household, maintenance for you and your children, medical

expenses and compensation for any other mental or physical injury caused to you by the

abuser;

The forms you need to make any application seeking the abovementioned reliefs

from the court are available with the protection officer and the following service

providers.

The following assistance can be availed from the following service providers.

(Details to be entered in accordance with the lists available with the Protection Officer)

Name of the service provider service

SCHEDULE – I

FORM NO. V

REGISTRATION OF SERVICE PROVIDER

[ Under Section 37 (2) (g) of the Act ]

1. NAME OF THE ASSOCIATION

/SOCIETY/COMPANY ————— ———————

2. WHETHER REGISTERED YES/NO

3. WHETHER COPY OF REGISTRATION CERTIFICATE

ENCLOSED ———————————-

4. DATE OF REGISTRATION ————————————-

5. WHETHER AUDITED ANNUAL STATEMENTS

/BALANCE SHEET FOR THE LAST 3 YEARS ENCLOSED

————————————–

6. SOURCE OF FUNDING ————————————–

7. BREIF DETAILS OF SERVICE PROVIDED 1. MEDICAL

2. LEGAL AID

3. COUNSELLING

4. SHELTER HOMES

5. OTHER (Specified)

8. BRIEF DETAILS ON NATURE OF WORK ——————————————

——————————————————————————————————–

—————————————————————-

9. WHETHER PREVIOUSLY WORKED FOR THE STATE

CENTRAL GOVT OR ANY AUTHORITY

UNDER THE STATE OR CENTRE (DETAILS THEREOF)

Signature of the authorized signatory

i) Date of receipt of application

ii) Whether eligible Yes _

No _

III) Inspection report of the premises/facility whether enclosed

iii) Date of registration under the Act

Signature of the Protection Officer

Address

URL : http://ncw.nic.in/DomesticViolenceBill2005.pdf