Section 10 of the Dowry Prohibition Act, 1961: Power of the State Government to Make Rules
Section 10 authorises each State Government to make rules for carrying out the purposes of the Dowry Prohibition Act, 1961. The provision particularly supports the statutory framework governing the functions and powers of Dowry Prohibition Officers under Section 8B.
What Section 10 provides
Section 10(1): The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Act.
Section 10(2): Without limiting that general rule-making power, rules may provide for:
(a) additional functions to be performed by Dowry Prohibition Officers under Section 8B(2); and
(b) limitations and conditions subject to which a Dowry Prohibition Officer may exercise functions under Section 8B(3).
Section 10(3): Every rule made by a State Government under Section 10 must be laid, as soon as may be after it is made, before the State Legislature.
Meaning and scope of the rule-making power
The expression "may, by notification in the Official Gazette, make rules" gives the State Government delegated legislative authority within the framework of the parent Act. Rules made under Section 10 are intended to implement the Act at State level; they cannot travel beyond the authority conferred by the Act.
Section 8B(2): functions of Dowry Prohibition Officers
Section 8B(2) sets out functions of a Dowry Prohibition Officer, including securing compliance with the Act, preventing the taking or abetting of dowry as far as possible, collecting evidence necessary for prosecution, and performing additional functions assigned by the State Government or specified by rules. Section 10(2)(a) is the specific rule-making link for such additional functions.
Section 8B(3): powers subject to limitations and conditions
Section 8B(3) permits the State Government, by notification in the Official Gazette, to confer specified powers of a police officer on a Dowry Prohibition Officer. Those powers are exercised subject to the limitations and conditions specified by rules made under the Act. Section 10(2)(b) authorises the State Government to prescribe those limitations and conditions.
Rules must be laid before the State Legislature
Section 10(3) requires rules made by the State Government to be laid before the State Legislature as soon as may be after they are made. This statutory laying requirement places subordinate legislation made under Section 10 before the relevant State Legislature.
1986 substitution of Section 10
The present Section 10 was substituted by Section 9 of the Dowry Prohibition (Amendment) Act, 1986 (Act 43 of 1986), with effect from 19 November 1986. The substitution expressly connects State rule-making with the functions and powers of Dowry Prohibition Officers under Section 8B.
Section 9 and Section 10: different rule-making authorities
Section 9 gives the Central Government power to make rules for carrying out the purposes of the Act, including rules concerning lists of presents and coordination of policy and action. Section 10 separately empowers the State Government to make rules, particularly concerning Dowry Prohibition Officers. The two provisions therefore operate at different levels of government within the statutory scheme.
Official legal sources
For the current central text of the Act and subordinate legislation, refer to the official India Code database and the Ministry of Women and Child Development legislation portal. State-specific rules and notifications should also be checked in the relevant State Gazette or official State Government portal because rules under Section 10 can differ by State.
Legal note: This page explains the central statutory provision. For a particular State, verify the applicable State amendments, rules and Gazette notifications before relying on the provision in a proceeding or compliance matter.