Himachal pradesh act 039 of 1978 : Dowry Prohibition (Himachal Pradesh Second Amendment) Act, 1978

Preamble

Dowry Prohibition (Himachal Pradesh Second Amendment) Act, 1978*

[Himachal Pradesh Act No. 39 of 1978]1[22nd November, 1978]

An Act farther to amend the Dowry Prohibition Act, 1961 (Central Act No. 28 of 1961) in its application to the State of Himachal Pradesh.

It is hereby enacted by the Legislative Assembly of Himachal Pradesh in the Twenty-ninth Year of the Republic of India, as follows:-

1. For Statement of Objects and Reasons, see R.H.P. Extra., dated 16-9-1978, P. 1190.

* Received the assent of the President of India on the 22nd November, 1978 and was published in R.H.P. Extra, dated 4-12-1978, P. 1900

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Dowry Prohibition (Himachal Pradesh Second Amendment) Act, 1978.

(2) It extends to the whole of Himachal Pradesh.

(3) It shall come into force at once.

Section 2. Amendment of section 7

2. Amendment of section 7.- In section 7 of the Dowry Prohibiton Act, 1961 (28 of 1961) (hereinafter referred to as the principal Act) the brackets and figure "(1)" at the beginning of sub-section (1) and also sub-section (2) shall be omitted.

Section 3. Substitution of section 8-A

3. Substitution of section 8-A.- For section 8-A of the principal Act, the following section 8-A shall be substituted, namely:-

"8-A. Cognizance of offences.- No court shall take cognizance of any offence under this Act except on a police report under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974) or a complaint made by a person aggrieved by the offence, as the case may be, within one year from the date of the commission of the offence:

Provided that no police officer of the rank lower than that of the Deputy Superintendent of Police shall investigate any case registered under this Act:

Provided further that no court shall take cognizance of any offence under this Act except with the previous sanction of the District Magistrate having jurisdiction in the area."

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