The Child Marriage Restraint (Gujarat Amendment) Act, 1963
The Child Marriage Restraint (Gujarat Amendment) Act, 1963
Civil19635 sections
1. Short title and commencement
Statutory text
- (1) This Act may be called the Child Marriage Restraint (Gujarat Amendment) Act, 1963.
- (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
7. Offences to be cognizable
Statutory text
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of that Code.
10. Repeal
Statutory text
of the principal Act shall be deleted.
13. Child Marriage Prevention Officer
Statutory text
- (1) The State Government may, by notification in the Official Gazette, appoint for the whole State or for such part thereof as may be specified in that notification, an officer to be known as the Child Marriage Prevention Officer.
- (2) It shall be the duty of the Child Marriage Prevention Officer—
- (i) to prevent marriages being performed in contravention of the provisions of this Act by taking such action under this Act as he deems fit,
- (ii) to collect evidence for the effective prosecutions of persons contravening provisions of this Act, and
- (iii) to discharge such other functions as may be assigned to him by the State Government.
- (3) The State Government may, by notification in the Official Gazette, invest the Child Marriage Prevention Officer with such powers of a Police Officer as may be specified in the notification and the Child Marriage Prevention Officer shall exercise his powers subject to such limitations and conditions as may be specified in the notification.
- (4) The State Government may associate with each Child Marriage Prevention Officer a non-official advisory body consisting of not more than five social welfare workers, of whom at least two shall be women workers, known in the area within the jurisdiction of the Officer for the purposes of advising and assisting him in the performance of his functions under this Act.
- (5) The terms and conditions of appointment of persons on the advisory body shall be such as may be prescribed by rules.
14. Power to make rules
Statutory text
- (1) The State Government may, by notification in the Official Gazette, make rules, for the purposes of carrying out the provisions of this Act.
- (2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for all matters expressly required or allowed by this Act to be prescribed by rules.
- (3) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.
- (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid, or the session immediately following.
- (5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect. 1. Short title, extent and commencement
- (1) This Act may be called the Child Marriage Restraint (Gujarat Amendment) Act, 1963.
- (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 13A. Child Marriage Prevention Officer to be public servant The Child Marriage Prevention Officer appointed under section 13 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 13B. Protection of action taken in good faith No suit, prosecution or other legal proceeding shall lie against the Child Marriage Prevention Officer appointed under this Act in respect of anything in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.
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