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Section 9 of the Dowry Prohibition Act, 1961 - Power to Make Rules

Section 9 of the Dowry Prohibition Act, 1961 authorises the Central Government to make rules, by notification in the Official Gazette, for carrying out the purposes of the Act. It also identifies specific matters for rules and requires rules made under the section to be placed before Parliament.

In brief: Section 9 is the Central Government's rule-making provision under the Dowry Prohibition Act. It supports implementation of the Act, including rules concerning lists of presents referred to in Section 3(2), and subjects delegated legislation to parliamentary scrutiny.

Text and Meaning of Section 9

Section 9(1): The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Act.

Section 9(2): Without limiting that general power, rules may provide for the form and manner in which lists of presents referred to in Section 3(2) are maintained, the persons responsible for maintaining those lists, connected matters, and better coordination of policy and action concerning administration of the Act.

Section 9(3): Every rule made under Section 9 must be laid before each House of Parliament for a total period of thirty days, which may fall in one session or in two or more successive sessions. Parliament may agree to modify or annul the rule. Such modification or annulment does not invalidate anything previously done under the rule.

What Does the Rule-Making Power Mean?

An Act of Parliament ordinarily states the principal rights, duties, prohibitions and powers. A rule-making provision authorises the Government to prescribe operational details within the authority granted by the Act. Under Section 9, the Central Government's rules must be directed to carrying out the purposes of the Dowry Prohibition Act, 1961.

The words "without prejudice to the generality" in Section 9(2) mean that the specifically listed subjects do not exhaust the broader power in Section 9(1). The listed matters clarify important areas in which rules may be made, while the general rule-making authority remains subject to the purposes and limits of the parent Act.

Section 9 and Lists of Marriage Presents

Section 3(2) contains exceptions relating to certain presents given at the time of marriage where no demand has been made, subject to the statutory conditions. One of those conditions is that the presents are entered in a list maintained in accordance with rules made under the Act.

Section 9(2)(a) specifically enables rules dealing with the form and manner of maintaining those lists, the persons who maintain them, and related matters. The Central Government used this power to make the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.

Practical relevance: The 1985 Rules prescribe separate lists for presents given to the bride and bridegroom and contain requirements concerning the recording of prescribed particulars. Section 9 is the statutory authority under which those Central Rules were made.

Parliamentary Control Under Section 9(3)

Section 9(3) provides legislative oversight of rules made by the Central Government. The rules are required to be laid before both Houses of Parliament for the statutory period. If both Houses agree on a modification, the rule thereafter operates in the modified form. If both Houses agree that the rule should not have been made, it ceases to have effect, without prejudicing the validity of action already taken under it.

Key Points

Section 9 empowers the Central Government, not the State Government, to make rules under this provision.
The rules must further the purposes of the Dowry Prohibition Act, 1961.
Section 9(2) expressly covers lists of presents referred to in Section 3(2) and coordination of policy and administration.
Rules made under Section 9 are subject to the laying procedure before both Houses of Parliament.
Section 10 separately deals with the power of State Governments to make rules for the purposes specified there.

Legislative Notes

Sub-section (2) was inserted by Section 8 of the Dowry Prohibition (Amendment) Act, 1984 (Act 63 of 1984), with effect from 2 October 1985. The former sub-section (2) was renumbered as sub-section (3). The wording relating to the parliamentary laying period had earlier been amended by Act 20 of 1983 with effect from 15 March 1984.

Official Legal Source

India Code - The Dowry Prohibition Act, 1961

Act No. 28 of 1961. Enacted on 20 May 1961 and brought into force on 1 July 1961. For authoritative and updated statutory text, amendments, rules and notifications, consult India Code and the Gazette of India.