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The Tripura Prohibition of Child Marriage Act 2006

Tripura · state statute
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I Gazette, Extraordinary Issue, December 5, 2007 A. D,
NO.F. 34(340)-DSWE/LA/2004
™ GQERNMENTOF TRIPURA
-DbuAllpN SOCIAL WELFARE & SOCIAL EDUCATION) DEPARTMENT
Dated, Agartala, the ^^LNovember, 2007
NOTIFICATION
In exercise of the powers conferred by Sub-Section (I) of Section 19 of the
Prohibition of Child Marriage Act, 2006 (No.6 of 2007), the State Government hereby
makes the following rules, namely: -
A
Short Title and Commencement. - (I) These rules may be called the
Tripura Prohibition of Child Marriage Rules, 2007. *
(2) They shall come into force on the date of their publication in the Official 'Gazette.
%
2, Definition. - In these rules, unless the context otherwise requires, -
(a) “ the Act" means The Prohibition of Child Marriage Act, 2006 (No, 6 of ■
2007);
(b) "child” means a person who, if a male, has not completed twenty-one years
of age, and if a female, has not completed eighteen years of age;
(c) “child marriage".means a marriage to which either of the contracting parties
is a child;
(d) "contracting party* in relation to a marriage, means either of the parties
whose marriage is or about to be thereby solemnized;
(e) "Child Marriage Prohibition Officer" includes the Child Marriage Prohibition
Officer appointed under sub-section (I) of section 16;
(f) "district court" means, in any area for which a Family Court established
under section 3 of the Family Courts Act, 1984 exists, such- Family Court,
and in any area lor which there is no Family Court, but a city civil court
exists, that court and in any other area, the principal civil court of
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(C)
id)
(e)
I a Gazette, Extraordinary Issue, December 5, 2007 A. D. /original jurisdiction and
includes any other civilC0Urt which maybs pecif' ,d by the state Government, by notification in
the Official Gazette, as having jurisdiction in respect of the matters dealt with in the Act;
Form" means form annexed to these rules; >
“minor means a person who, under the provisions of the Majority Act,1875 is to be
deemed not to have attained majority; The state government “ means the Government of
Tripura;
3 Method of Appointment, duties, functions and powers of the ChildManjafle Prohibition
Officers , - (I) The State Government shall appoint Child Marriage Prohibition Officers in
every Sub-division in the state allotting specified area of jurisdiction, The appointment of
Child Marriage Prohibition Officers specifying their jurisdiction with the details of duties, functions, powers
including the powers of Police Officers conferred of them under section 16 (4) of the Act, shall be notified
in the official gazette arid every such appointment shall take effect from the date of its notification.
(2) No person below the rank of Sub-Divisional Magistrate or holding equivalent post under the
state government shall be appointed or entrusted with the duties of a Child Marriage Prohibition Officer.
(3) All Child Marriage Prohibition Officers shall discharge their duties with due care, decorum and
in a manner to uphold the objects of the Act.
(4) The Child Marriage Prohibition Officers approach shall be primarily preventive for which they
shall make constant endeavor to create awareness of the evil which results from child marriages and to
sensitize the community on the issue of child marriage.
(5) Every Child Marriage Prohibition Officer shall hold at least one awareness camp every two
months' within the area of his jurisdiction to sensitize the community on the issue of child marriage
until otherwise directed by the state government by notification in'official gazette, and the Sub-
Divisional Medical Officer or any other Medical Officer nominated by him shall remain present in such
camp as a resource person.
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er 5» ZUU/ A, jj.
Tripura Gazette, Extraor(linno.
(6)  The  Child  Marriage  Prohibition  Officers  shall  L  * ■ !
Director, Social Welfare & Social Edu^ti ' 3 rep°rt ForT1 t0 the
once every two months as to the number Gfflmenl
the month, the number of child ma ' . arePe33 held by him_ during in court under f » ' 95  COntract8dJ;number of
petitions filed by him
in court under section 3 of the Art fnr <■ .< il
. r , ACt decree of nullity of the child marriage, Lumber
of applications/ complaints filed bv him in nm J < I I
. 7 Jm in court'for prosecution under the Act,
number of child marriages prevented and numhJ’ * u-u < 1
y P(«vented and number of child marriages declared by court to be
null and void. i ' I
(7)  The  Director  Social  Welfare  and  Social  Education  Department  shall  consolidate  the  reports
received under the preceding rule and publish’an annual bulletin for general information
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(8)  The  Sub-Divisional  Police  Officer  of  the  concerned  Sub  Division  shall  assist  every  Child
Marriage Prohibition Officer in the discharge of his duties and functions and in the exercise of his
powers*  ■" j. I
' U’.l
4. Procedure for Investigation and prosecution of offence?. - (1) On receipt of the information that
a child marriage in contravention of this Act has been arranged or about to be solemnized, the
Child.  Marriage  Prohibition  Officer  shall  immediately  file  an  application  to  the  Sub-Divisional
Judicial  Magistrate  or  the.Chief  Judicial  Magistrate,  as  the  case,  may  be,  for  injunction  for
prevention of such marriage. Such applications may also be made by any person having personal
knowledge  or  reason  to  believe  and  a  non-governmental  organization  having  reasonable
information relating to the likelihood of or solemnization of child marriage or marriages. ; :
(2) The Child Marriage Prohibition Officer. on receipt of Information about the solemnization
of child marriage shall conduct an on the =pot investigation end codec, evldence.'either oral or in
writing, from the contacting part, or witnesses or he can
6
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office
Tripura Gazette F»i.« n
fix up a data and hear the cohtrachng paBy and I
— . ,o h|B1 w.rhou. causing „y
(4) The witnesses detained by the Child Marriage Prohibition Officer In'hi] for the
purpose of investigation shall be entitled to travelling and diet expends at the rate
admissible to witnesses appearing in court. II I’H
(5) The Child Marriage Prohibition Officer, may, for the purpose of investigation intimate or
serve notices to the contracting party' and witnesses In Form 2 of the date, time and place of
recording evidence and hearing. <'
(6) . Any person disobeying the notice for appearing as a witness when called upon to do so by
order in writing delivered or tendered to him, shall be deemed to
. 1 ■.
have committed an offence punishable under section 187 of the Indian Penal Code (45 of 1860).
’ ~
(7) A report in all cases investigated by the Child Marriage Prohibition Officer, when there is a
prima facie finding as to the commission of an offence, alongwith the statement recorded, all other
connected documents of the proceedings and a brief account of his findings shall bo submitted Io
Iho competent Judicial Magistrate for prosecuting the offenders. This report shall be deemed to be
a report under section 173 of Code of Criminal Procedure, 1973 (Act 2 of 1974).
5. Limitation and Conditions subject to which a Child Marriage Prohibition Officer may exercise the
powers of Police Offlcej.
(1)  Save  and  except  the  provisions  of  Chapters  V  of  the  Code  of  Criminal  procedure,
namely.  the power  of  err.sl  a person without  warrant,  tfe Chid Marriage ProhMon Officers shall
have ffie powers of a police office, under the Bed Code for Pte purpose of Inves.lgffiffiu .***■>
Judicial Magistrate.
Tripura Gazelle, I'Atraorilinnry Issue, December 5, 2007 A. D.
» ~~
(2) Whenever the Child Marriage Prohibition Officer has reasonable grounds for believing that an
offence punishable under this Act has been or Is being or is about to be committed within his jurisdiction
and that the search of any premises with warrant cannot be made without undue delay, he may, after
sending the grounds of his belief to ths District Magi?— 'n march such premises without a warrant

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(3) Before making a search wider sub-seclion (2), the Child Marriage Prohibition Officer shall call
upon two or more residents of the locality In which the place to be searched is situated, to attend and
witness the search, and may issue an order in writing
(4) If any person, without reasonable cause, refuses or neglects, to attend and witness a search
under this rule, when called upon to do so by an order in writing delivered or tendered to him, ihall be
deemed to have committed an offence punishable under Section 137 of the Indian Penal Code (45 of
1860).
 X ■ ! ■ ■
6. Declaration of Child Marriage Prohibition Officer ae PubJIc^ervent
Every Child Marriage Prohibition Officer shall be deemed to be a public servant within the
meaning cf 21 of the Indian Penal Code, 1860
■ - : i 'i.: ' ‘i? V ■ ;
' ' 'i/ --
6. Protection of Action taken In good faith? /- ■''
No suit or legal proceeding shall lie against the Child Marriage Prohibition Officer, and any
police officer or a person assisting him In respect of anything which is in good faith done or intended to
be done in pursuance of the Act or the Rules.
7. Interpretation. ■
If any question arises relating to the interpretation of these rules, the same shall be referred to
lhe state government I
  i
By order of the Governor,
, i SA J ^4 a/u/t,}
Under Secretary to the
Government of Tripura.
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Tripura Gazette, Extraordinary Issue, December 5, 2007 A. D.
’ ! ’  j ; 
PART-IA- Orders and Notifications by the Government of India, Statutory Notifications of the Election Commission of
India and other Election Notifications published for General information. Orders and Notifications which have originally
been published in the “ Gazette of India”  are only re-published. (
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
NOTIFICATION
New Delhi, the 30th October, 2007.
S.O. 1850 (E).—  In exercise of the powers conferred by Sub-section (3) of
Section 1 of die Prohibition of Child Marriage Act, 2006 (6 of2007), the Central Government hereby appoints the I st day of
November, 2007, as the dale on which the said Act shall come into force.
(F. No. 10-5/2007-CM J
P. BOLIN A, Jt. Secy.
I
I Printed at (he Tripura Government Press, Agartala.

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Contd.
PA
Phone No. 0381-2326033
Fax. 0381-2323^80 E-mail: dswe_agt@yahoo c'om
Government of Tripura
Education (Social Welfare & Social Education) Department
Malancha, Ujan Abhoynagar
Agartala, West Tripura
No F.87 (2-16)/DSWE/CW/2003/ Dated.  Agartala,
thel^/2012
N OT I F I C AT I O N
In  exercise  of  the  powers  conferred  under  Section  16  of  The  Prohibition  of  Child
Marriage Act,2006 ( No. 6 of 2007),. the State Government hereby appoints the following Sub-
Divisional Magistrates in the newly created Sub-Divisions aTchiid Marriage Prohibition Officers
to exercise their functions within the rreas as specified below:-
SI.
No.
Name of the ■
Sub-Division
Designation of the Officer Areas of the jurisdiction
1 2 3 4
1. Mohanpur Sub-Divisional Magistrate,
Mohanpur.  _____________ Mohanpur SubDivision.
■ 2. Jirania Sub-Divisional Magistrate, Jirania. Jirania Sub-Division.
3. Panisagar
Sub-Divisional Magistrate, Panisagar. Panisagar SubDivision.
4. Kumarghat
Sub-Divisional Magistrate, Kumarghat. Kumarghat SubDivision.
5. Jampuijala
Sub-Divisional Magistrate, Jampuijala. Jampuijala Sub- Division.
6. Karbook Sub-Divisional Magistrate, Karbook. Karbook Sub-Division.
O 2 The Child Marriage Prohibition Officers (SDMs) hereby appointed shall, in addition to their functions and duties
laid  down  in  the  Probation  of'Child  Marriage  Act.2006  and  Rules  made  by  the  State  Government  there  under,
discharge the following duties, namely:- (i) to prevent solemnization of child marnage by taking such action as he
may deem fit;
to collect evidence for the effective prosecution of persons contravening the provisions 'of
this Act;
to advise either individual cases or counsel the residents of the locality generally not to
indulge in promoting, helping, aiding or allowing the solemnization of child marriage;
to create awareness of the evil which results from child marriage, to sensitize the community on the issue of child
marriages, to furnish such periodical returns and statistics as the State Government may direct, and

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assigned to hir 01 by the
of Child Marriage Act, 2006
1.
2.
3.
4.
5.
Mb* to discharge such other functions and duties as may
State Government,
K The Child Marriage Prohibition Officers shall have the power to move th
Order under sections 4. 5 and 13.and along with the child under section 3 of an
of Child Marriaae Act. 2006 J of thc Pr
4 Save and except rhe provisions of Chapters V of the Code of Criminal Procedure namely, the power
of arrest of a person without warrant, the Child Marriage Prohibition Officers shall have the powers of a
police officer under the said Code for the puroose of investigation and submission of
report before the competent Judical Magistrate. This report shall be deemed to be a report under
section 173 of Code of Criminal Procedure. 1973 (Act 2 of 1974)
This is issued in continuation of Notification No.F.34(340)/DSWE LA/2004 dated 2/
November. 2007.
This will come into force from the date of issue of this notification.
Copy to -
The Principal Secretary to the Chief Minister, Govt, of Tripura, Agartala.
The Office of all Hon’ble Ministers, Govt, of Tripura, Agartala.
The Chief Secretary, Government of Tripura, Agartala.
The Director General of Police, Govt, of Tripura, Agartala.
PA to the Principal Secretary, SW & SE Department, Govt, of Tripura,
Agartala All District Magistrate & Collectors, Govt, of Tripura ...........................
7 The Director, SW & SE, Govt, of Tripura, Agartala.
8 All Sub-Divisional Magistrate, Govt, of Tripura ...................................................
9 .All Branch Officer, Directorate of SW & SE, Govt, of Tripura, Agartala
10. The Manager, Tripura Government Press. Tripura, Agartala with
request to publish the same in extra-ordinary issue of
Tripura Gazette.
PrincipaTSecretary to fhe1 1'
Government of Tripura
Principal Secretary to the
Government of Tripura
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Published by Authority
 ____________ EXTRAORDINARY ISSUE
A'/'£//■ J/H-?flc.r-nmn- ~ ~.7G 7
-  ----- L <'■ ■'■‘JO/ a. N /ajrahayu/i 1-1. 79TQ L F
PART-- | OrH-rc -r-^ H i-  ---  --  --  --  -  --  ----------------------- 1-------
~ c.no Notmcai.ions by the Government of Tripura
i it: High Court. Government Treasury etc.
NO.F.34 (340VDSWE.LA/2004
PnitOATirvi GOVERNMENT OFTRIPURA
tDUCAf^N (OJUAL WELFARE & SOCIAL EDUCATION) DEPARTMENT
TRIPURA: AGARTALA.
Drnod, Agorlalo, tlio'^^-'Novc-jmvar, ?OU7
NOTIFICATION
Ir. exercise of the powers conferred under Section 16 of The Prohibition of Child Maniage Act, 2006 (No.6 of 2007),
the Slate Government hereby appoints the following ofltcers as Child-Marriage Prohibition Officers to exercise their functions
within  the  areas  as  specified  herein  below:  — — — =— — *
SL No. Name of the Sub-
Division.
Design mien of the Officer. Area of Jurisdiction
1. Dharmanagar
Sub-Divisional Magistrate. Dhnnnanngar
Dharmanagar Sub-Division
Kanchanpur.
Sub-Di visional Magi str ate. Kanchnnpur, ’
Kanchanpijr Sub-Division
Li. Kailashahsir.
S ub - Di visi onal Magistrate, ‘ Kailas hahar.
Kailashaliar Sub-Di vis ion
H. ‘LongLaiai Vidic} . Sub-Divisional Magistiatc.
I.onglarai Vullut .
Lnngtnrai Valle) Sub-Division
□ - Gandacharra. Sub-Divisiona 1 Mngisti ate. Gandacharra.
 _______________
Gan da chai ia Sub-Division
 _______________  ________    ___ i
I G. Ambassa. Sub-Divisional Magirdiale.
An thus -xa,  ______
Atnbassa Snb-lJivision
 _______________________ 1 _____ I
7. Kama Ip ur Sub-DivisioiiaI Magisti ate. Kamalpur Kninnlpur Sub-Division
S. Tcliaxnura. Sub-Divisional Magistrate, Tcliamura,
 ______________  _________ .
Tcliamura Sub-Division
9. Khowai
Sub-Divisional Magistrate. Khc-.vai
Khoivat Sub-Division
10. Sadar Sub-Divisional Magistrate.
Sadar
Sadar Sub-Division
11. Bishalgarh
Sub-Divisional Magistrate, Bishalparh
Bishalgarh Sub-Division
1 2. Sonrimura. Sub-Divisional Ma gin if ate,
Spun mm a.
Sonamura Sub-Division
13. Udaipur. Sub-Divisional Magistiate.
Udaipur.
Udaipur Sub-Division
14. Amarpur. Sub-Divisional Magistrate.
Amarpur,
Amarpur Sub-Division
15. Santirbazar. Sub-Divisional Magistiatc.
Santirbazar,
Santirbazar Sub-Division
16. Bclonia, Sub-Dii is iuna 1 Magi st rate.
Belon :i _______________
Bclonia Sub-Division
~7_
Sabi oom. Sub-Di visional f\1 agist rate.
Mabrixim
Sabromn Sub-Division

2
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(v)
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Government of Tripura.
tccmher 5, 20(17 A. I).
The Child Marriage Prohibiiion Office™
n.ncuons and duties laid down in The Prohibition ofcJ'HM"" 'ADD
"'°N
by the State Government there$
"> uiscnargc the following duties, namelyJ) to prevent solemnization of child marriage by taking such action
ns he may deem fit ;
(ii) to collect evidence for the effective prosecution of persons
contravening the provisions of this Act;
(HI) to advise either individual cases or counsel the residents of the
locality generally not to indulge in promoting, helping,
aiding or allowing the solemnization of child marriages;
(iv) to create awareness of the evil which results from child
marriages ;
to . sensitize the community on the issue of child marriages ;
t o f u r n i s h s u c h p e r i o d i c a l re t u r n s a n d s t a t i s t i c s a s t h e S t a t e
Government may direct ; and
to discharge such other functions and duties as ma)- be
assigned to him by the State Government;
3. The Child Marriage Prohibition Officers shall have the power to move the court for an older under
section 4, Sand 13 and alongwilh the child under section 3 of the Prohibition of Child Marriage Act,
2006.
d ^ave and except the provisions of Chapters V of the Code of Criminal Procedure, namely the power of
arrest of a person without warrant, the Child Marriage Prohibition Officers shall have the powers of a
police officer under the said Code for the purpose of investigation and submissionof report before the
competent Judicial Magistrate. This report ^shall be deemed to be a report under section 173 of Code of
Criminal Procedure, 1973 (Act 2' of 1974).
5 This will take effect from the date of its publication in Official Gazette.
By order of the Governor,
Under Secretary to the

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