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असाधारण

EXTRAORDINARY

Ĥाͬधकार से Ĥकाͧशत

PUBLISHED BY AUTHORITY

Part II - Section 3

केÛġ-शाͧसत Ĥदेश लɮदाख Ĥशासन

ADMINISTRATION OF UNION TERRITORY OF LADAKH

File No: M/971/2023-S&TW SEC

Department of Social & Tribal Welfare

Notification

Ladakh, 1^st of March, 2024

S.O. 12:- Whereas a draft of ‘The Ladakh Prohibition of Child Marriage Rules, 2023’ was placed on the public

domain vide letter dated 10^th July, 2023, inviting objections and suggestions from all the persons likely to be

affected thereby, before the expiry of fifteen days from the date on which the copies containing the said

notification were made available to the public;

And whereas objections and suggestions received from the public on the said draft rules were considered

by the Administration of Union Territory of Ladakh;

And whereas the revised draft of ‘The Ladakh Prohibition of Child Marriage Rules, 2024’ was again

placed on public domain vide letter dated 23^rd January, 2024, inviting objections and suggestions from all persons

लɮदाख, 28 माच[, 2024

LADAKH, THURSDAY, MARCH, 28, 2024

भारतसरकार

GOVERNMENT OF INDIA

एस.जी.-एल.डी.-अ.-02042024-1281

SG-LD-E-02042024-1281

LADAKH GAZETTE : EXTRAORDINARY 2

likely to be affected thereby, before the expiry of thirty days from the date on which the draft was made available

to the public;

And whereas no objections and suggestions have been received from the public on the said draft rules;

Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 19 of ‘the Prohibition of

Child Marriage Act, 2006’ (Central Act 6 of 2007), the Administration of Union territory of Ladakh hereby makes

the following Rules.

Chapter -I

1. Short title: These rules may be called ‘the Ladakh Prohibition of Child Marriage Rules, 2024’.

2. Definition: (1) In these rules, unless the context otherwise requires:

“Act” means the Prohibition of Child Marriage Act, 2006 (Central Act 6 of 2007);

b. "Administration” means the Administration of Union territory of Ladakh;

Form” means Form appended to these rules.

d. “Child Marriage Prohibition Officer” means persons appointed by the Administration of Union

territory of Ladakh as per section 16 (1) of the Act.

“Section” means a section of the Act.

“Nodal Officer” means an officer designated by the Administration of Union territory of Ladakh to

monitor and to co-ordinate with the Child Marriage Prohibition Officers;

(2) All other words and expressions used and not defined in these rules but defined in the Act shall have the

same meanings assigned to them in the Act.

Chapter-II

3. Method of appointment, duties and functions of Child Marriage Prohibition Officer.-

(1) The Administration shall, by notification in the official Gazette, appoint for the whole Union territory or such

part thereof as may be specified in that notification, an officer or officers to be known as Child Marriage

Prohibition Officers having jurisdiction over the areas specified in the notification.

(2) In appropriate cases, the Child Marriage Prohibition Officer himself/herself can take cognizance of an offence

committed under this Act and vested with such powers of Police Officer and shall exercise such powers subject

to such conditions and limitation as may be specified in notification by the Administration as per Act.

(3) In addition to the duties and functions assigned to a Child Marriage Prohibition Officer under clauses (a) to

(g), sub-section (3) of section 16 of the Act, it shall be the duty of every Child Marriage Prohibition Officer—

(a) to act immediately upon any information of solemnization of any child marriage that may be received

through any mode of communication and initiate all necessary action;

(b) to furnish quarterly return and statistics to the Chief Child Marriage Prohibition Officer and District

Magistrate in Form I;

information prohibiting a Child Marriage.

(d) to file petition for annulling a child marriage in District Court in case any of the contracting party to the

marriage is a minor;

(e) to file petition before the District Court for maintenance and residence to the female contracting party of

the Marriage until her remarriage;

(f) to file petition before the District Court for the custody and maintenance of children of the child

marriage.

(g) To file petition under Section 3(2) of the Act along with the child.

LADAKH GAZETTE : EXTRAORDINARY 3

4. Power of Child Marriage Prohibition Officer: In terms of Section 16 (4) of the Act, the Child Marriage

Prohibition Officer are invested with the powers of Police Officer as prescribed in Section 156, 160, 161, 165 and

175 of Criminal Procedure Code subject to the condition that such powers are exercised by the said officer herself/

himself within her/ his jurisdiction for taking cognizance of offences prescribed under the Act.

5. Chief Child Marriage Prohibition Officer. - (1) The Director, Social & Tribal Welfare Department, shall be

the Chief Child Marriage Prohibition Officer to administer and co-ordinate the work relating to Child Marriage

Prohibition throughout the Union territory of Ladakh.

6. Duties and functions of Chief Child Marriage Prohibition Officer. - (1) The Chief Child Marriage

Prohibition Officer shall co-ordinate the work of Child Marriage Prohibition Officers and shall be responsible for

the proper performance of the Child Marriage Prohibition work in the State.

(2) The Chief Child Marriage Prohibition Officer shall be responsible for the preparation and submission of an

Annual Report on the progress of implementation of the Act and related matters and such statistics as may be

required from time to time by the Administration.

(3) In addition to the general duties of monitoring and supervision of the implementation of the provisions of the

Act it shall be the duty of the Chief Child Marriage Prohibition Officer -

(a) to exercise general control, superintendence and direction over all the Child Marriage Prohibition

Officers so far as the implementation of the Act and rules are concerned;

(b) to review periodically the functioning of Child Marriage Prohibition Officers across the UT;

(d) to formulate schemes and programmes for creating awareness sensitizing the community and organize

training to functionaries of the concerned departments;

(e) to discharge such other functions and duties as may be assigned to him by the Administration;

(f) to convene an annual review and strategy conference on prevention of child marriage;

Chapter-III

7. Nodal Officer. - (1) The District Collector shall be the Nodal Officer at the district Level for the purpose of

implementation of the Act.

(2) The District Collector shall periodically review the implementation of the Act within the respective district

and take all necessary measures for the proper and effective implementation of the Act.

8. Procedure for conducting enquiry. - (1) A complaint/information to the Child Marriage Prohibition Officer

may be filed/given by any person in any form, written, phone, e- mail, etc.;

(2) On receipt of a complaint/information under Sub-rule (1) of this rule, the Child Marriage Prohibition Officer

shall record it in Form II and conduct a brief enquiry;

(3) For the conduct of enquiry under Sub-rule (2) of this rule, he shall have the powers of a Police Officer under

the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), for the purpose of investigation, summoning of

parties and witnesses, recording a statement, etc., for discharging his duties under the Act;

(4) Officers in charge of Police Station shall provide all such assistance to the Child Marriage Prohibition Officer

in order to carry out his duties under the Act and rules; and;

(5) Every Child Marriage Prohibition Officer shall submit his report in Form III to the concerned Judicial

Magistrate of the First Class or the Chief Judicial Magistrate with his enquiry report.

9. Production of Document. - It is the duty of the accused party to furnish the relevant document to the

satisfaction of the Court to prove that the none of the parties in the marriage is a child as defined in Clause (a) of

Section 2 of the Act.

10. Panchayat Core Committee: The District Magistrate shall ensure that in every Panchayat, a Committee

comprising of the following persons is constituted to assist the Child Marriage Prohibition Officer:

Sarpanch

: Chairperson

Supervisor, Mission Poshan (ICDS) : Convener

LADAKH GAZETTE : EXTRAORDINARY 4

Village Level Worker/ Secretary Panchayat : Member

Head Master of the nearest school/Senior Teacher : Member

(where there is no Head Master)

One Women Ward Member : Member

(If more than one Women Ward Member, the Senior most by age)

(BY ORDER AND IN THE NAME OF THE LT GOVERNOR OF LADAKH)

Sd/-

(PADMA ANGMO, IIS) /

COMMISSIONER CUM SECRETARY ,

Social & Tribal Welfare Dept, UT of LADAKH

1. District Collector & Magistrate, Leh/Kargil.

2. District Superintendent of Police, Leh/Kargil

3. Director, Social & Tribal Welfare, UT of Ladakh

4. Director, School Education, UT of Ladakh

5. Director, Health & Medical Education, UT of Ladakh

6. Chief Engineer, Public Works Department, UT of Ladakh

7. Chief Medical Officer, Leh/Kargil

8. District Programme Officer, ICDS Leh/Kargil

9. District Social Welfare Officer, Leh/Kargil

10. All Child Development Project Officers, Leh/Kargil

Copy to:

1. All Administrative Secretaries

2. ADGP, Ladakh Police

3. Commissioner/Secretary, Law Department,

4. All HoDs, UT of Ladakh

5. OSD to Hon’ble Lt Governor, UT Ladakh

6. OSD to Advisor to Hon’ble Lt Governor, UT Ladakh

7. PS to Secretary, Ministry of Minority Affairs, GoI

8. PS to Joint Secretary, JKL, Ministry of Home Affairs, GoI

PADMA

ANGMO

Digitally signed by

PADMA ANGMO

Date: 2024.03.28

12:38:19 +05'30'

LADAKH GAZETTE : EXTRAORDINARY 5

Form I

[See Rule 3 (3) (b) of the Ladakh Prohibition of Child Marriage Rules, 2024)]

For the Quarter starting from.................... to .....................

Name of District........................

Name and address of the Child Marriage Prohibition Officer (with Phone No.)

Total No. of complaints received :

Total No. of enquiry conducted :

Total No. of reports submitted to Courts :

Total No. of Injunction order received :

Total No. of violations made by parties :

Total No. of maintenance orders issued :

Total No. of punishment orders made :

Total No. of child marriage successfully prevented.

Total No. of residence orders made under Section 4 :

10.

Total No. of awareness programmes conducted :

11.

Total No. of review meetings of assistance conducted :

12.

Any other information:

Signature of the Child

Marriage Prohibition Officer

(with date)

(Seal)

LADAKH GAZETTE : EXTRAORDINARY 6

Form II

Child Marriage Information Report

[See Rule 8(2) of the Ladakh Prohibition of Child Marriage Rules, 2024)]

1. Name and address of the Complainant (with Phone

No.):

2. Name and address of the accused (with phone No.): (1)

(2)

3. Particulars of the report -

(a) Age and date of birth of the child:

(b) Address:

(d) Occupation:

(e) Education:

(f) Name and address of parents:

(g) Name and address of employer, if any:

(h) Any other relevant information:

4. Short Summary on the circumstances of the Child Marriage:

5. Any other information:

Signature of the Child

Marriage Prohibition Officer

(with date)

(Seal)

LADAKH GAZETTE : EXTRAORDINARY 7

Form III

Report of Child Marriage Prohibition Officer

[See Rule 8(5) of the Ladakh Prohibition of Child Marriage Rules, 2024]

Summary of First Information

Relief required*

1. Under Section 3 of the Act

2. Under Section 4 of the Act

3. Under Section 5 of the Act

4. Under Section 13 of the Act

Signature of the Child

Marriage Prohibition Officer

(with date)

(Seal)

List of enclosures:

1. Age certificate if any:

2. Copy of complaint if any:

3. ……………………………………..

*[Add separate sheet if required]

“No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The

Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal

consequences and also for any other misrepresentation etc.”

PADMA

ANGMO

Digitally signed by

PADMA ANGMO

Date: 2024.03.28

12:38:42 +05'30'

MICHAEL

MANNY

DSOUZA

Digitally signed by

MICHAEL MANNY

DSOUZA

Date: 2024.04.02

17:16:40 +05'30'