@ Lord .......,
What you are talking here!
1. Read The Central Civil Services (Conduct) Rules, 1964
Rule 13: Gifts (dowry)
Acceptance of dowry by Government servants:
It is provided in this Ministry’s OM No. 25/8/57-Estt.(A) dated the 25th March, 1957 (not reproduced) that dowry should be regarded as a customary gift which a Government servant may accept without prior sanction and that subject to the provisions of the rules relating to gifts and transactions in immovable and movable property, all such gifts should be reported to the Government or other prescribed authority.
2. The matter has been reviewed in the context of the provisions contained in the Dowry Prohibition Act, 1961. Section 2 of this Act defines dowry as ‘any property or valuable security given or agreed to be given directly or indirectly by one party to a marriage to the other party to the marriage or by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before the marriage as consideration for the marriage of the said parties, but does not include dowry or mahar in the case of persons to whom the muslim Personal Law (Shariat) applies’. For removal of doubts Explanation I below Section 2 declares that ‘any presents made at the time of marriage to other party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of the section unless they are made as consideration for the marriage of the said parties’. Persons who are guilty of giving or taking or abetting the giving or taking of dowry, or demanding any dowry, directly or indirectly from the parents or guardian of a bride or bridegroom, as the case may be, are liable to the punishments prescribed in Sections 3 and 4 of the Act. In the circumstances, Government servant should not give or take or abet the giving or taking of dowry; nor should they demand dowry, directly or indirectly, from the parents or guardian of a bride or bridegroom as the case may be. Dowry can, therefore, no longer be treated as ‘customary gift’ as has been stated in this Ministry’s OM of 25.03.1957 referred to in para 1 above (not reproduced). Any violation of the provision of Dowry prohibition Act, 1961 by a Government servant will constitute a good and sufficient reason for institution disciplinary proceedings against him in addition to such legal action as may be taken against him in accordance with the provisions of the Act.
3. Receipt of presents by Government servants at the time of their marriage in the form of cash, ornaments, cloths or other articles, otherwise than as consideration for marriage from relatives and personal friends will be regulated by sub-rules (2) of rule 13 of the Central Civil Services (Conduct) Rules, 1964. The receipt of such presents from persons other than relatives and personal friends, will be regulated by sub-rule (1) of rule 13 ibid read with sub-rule (3) thereof. Purchases of items of movable property for giving presents at the time of marriage will be regulated by rule 18 (3) of the Central Civil Services (Conduct) Rules, 1964, like other transaction in movable property.
This Ministry’s OM No. 25/8/57-Ests.(A) dated 25.03.1957 (not reproduced) may be treated as cancelled.
[MHA OM No. 25/37/65-Ests.(A), dated 30.08.1965]
2. Although S. 7 of the Dowry Prohibition Act, 1961 does provide immunity to the complainant against prosecution but remember, that the immunity is available only in that instance of Dowry Prohibition Act, 1961 under which case of "Dowry demand and taking" is running. This means that we cannot arrey the accused in the same case under S. 319 of the CrPC. However, nothing stops the husband from filing a new case based on their confessional admission. And in that case the husband (complainant herein) shall be provided the immunity.
Read the annexed Judgment now.
3. @ lady author; Now-a-days bride and kin are also in the dock by "giving" dowry
Read below news link of Magistrate order
4. @ Lady author; I know your mother is librarian under State Govt. and your father works for SBI.
Lord Chandu, read Services (Conduct) Rules of SBI Staffs on DOWRY and liabilties read with assets declaration that an employee has to periodically put before department (that is exactly what the lady author's husband is asking via RTI)
Rule 20.1 SUBMISSION OF STATEMENT OF ASSETS & LIABILITIES
Rule 20.2 DATE OF ASSETS & LIABILITIES STATEMENT AND LAST DATE OF SUBMISSION
Rule 20.4 FORMAT FOR ASSETS & LIABILITIES STATEMENTS
Rule 20.8 CONFIRMATION IN BRANCH MANAGER'S MONTHLY CERTIFICATE
Rule 20.9.2 NATURE OF INFORMATION TO BE INCORPORATED IN THE RETURN
Rule 20.9.3 WHY SHOULD AN OFFICER SUBMIT THE STATEMENTS?
Rule 20.10 STEPS TO BE TAKEN IN CASE OF NON-SUBMISSION OF THE STATEMENT
Rule 20.1 STATEMENT OF IMMOVABLE PROPERTY
Rule 20.2 STATEMENT OF ASSETS & LIABILITIES
Rule 21 SBI OFFICERS SERVICE RULES AND SBI GENERAL REGULATIONS
Rule 21.5 EVIDENCE IN ENQUIRY, COMMITTEE, ETC.
Rule 21.6 RECEIVING COMPLIMENT ARIES, VALEDICTION, ETC.
Rule 21.7 ACCEPTANCE OF GIFT BY SELF AND FAMILY, AND DOWRY
Rule 21.13DISCIPLINE AND APPEAL
Rule 21.13.1MINOR PENALTIES
Rule 21.13.2MAJOR PENALTIES
Her father has already filed his statements as per above specific Rules when he got the job at SBI and such statements are periodicaly updated as per SBI Staff (Conduct) Service Rules. The @ lady author’s husband has done a legitimate RTI enquiry to his wife’s father’s Department to verify 'dowry" beyond his means that his daughter probably may have alleged in her Complaint case. Now his FIL is in dock as to how he can justify from where he got money to pay “huge dowry” as alleged in his daughters various complaints that's why her earlier post (link is mentioned below) was on TEP on her father and how to save him - it is as simple a defence as one (proposed) accused can seek as his fundamental Rights otherwise also he can put witness list and get all these documents in Court but that is a longer process we activits know that.
Also note Lord Chandu and @ Lady author S. 10(1)(b)(i) of the Banking Regulation Act, 1949 read with Para 521 (2)(b) of Shastry Award your father is liable to be dismissed from his SBI service. I hope I applied enough anemia to your advocacy talk on this Sunday if not then ask specific question on State Rules I will give you specific Service Rules on giving / taking dowry is crime and I can also prove here in forum how now your mother services can be dismissed / terminated (it is other matter that I can also come handy to help you to get them re-instated in their respective Jobs and may help you with Writ Petition and specific Court Rulings on such cases of instances where parents services were terminated by Department on account of giving dowry and later re-instated).
@ Lady Author,
I recollect giving reply to your earlier post https://www.lawyersclubindia.com/forum/Re-Rti-help-56669.asp where your Father was in dock on TEP with IT Authorities. This time it seems your lovely husband is putting your mother in the dock.
Donot loose hope Lord Chandu is always there to protect abalas interests who give 'huge dowry" beyond their means and later use sari, sindoor and glycerine that is why abalas always admire his services..
PS.: Notes on Shastry Award FOR LORD Chandu in case you say how it is applicable here and I’m just time passing yet again with you on Varsha Kapoor J
The history of these Awards is to be found in the Introductory Chapter of the Report of the Desai Award. Shri Shastri, a retired Judge of the Madras High Court, was appointed an Industrial Tribunal, in 1952, under Section 7 of the Industrial Disputes Act and certain disputes were referred to that Tribunal for adjudication under Section 10 of that Act. The Award given by that Tribunal, in 1953, is known as the 'Shastry Award'. In 1960, A National Industrial Tribunal, presided over by Desai J. of the Bombay High Court was set up by the Government of India, and several disputes relating to Banking Companies and their employees were referred to this Tribunal under Section 10 of the Industrial Disputes Act. The Award given by this Tribunal in the year 1962 it known as the Desai Award. It modified and substituted the terms of the Shastry Award in certain respects, into the details of which it is not necessary to go into in the instant case.
Ta ra rum pum pum………..