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Rakesh Agr (fighter)     02 November 2015

State govt rule verses central govt 1964 rule

hello All - I have a friend who has a 489A case filed on him by his wife via 156(3). The police did not take FIR so his wife went to court and filed 498A by a affidavit in front of magiratrate. His father in-law is a retired state government employee of West Bengal (Howrah district) but was working when the marraige took place.

His father in law gave a written statement in affidavit that he paid 2 lacs dowry which is totally false. Now my friend wants to screw them. 

There is a rule of central govt 1964 act which says giving dowry is crime and a departmental enquiry is initiated if proved and pension is stopped. So my friend wants to take that route. 

However his  FIL was employee of WB state government. Can anyone of you confirm if the central government rule will apply here and he can inform his father-in-laws office and stop his pension

 



Learning

 5 Replies

Sudhir Kumar, Advocate (Advocate)     03 November 2015

"There is a rule of central govt 1964 act which says giving dowry " which rule is this?

Rakesh Agr (fighter)     03 November 2015

Hello Mr. Sudhir - Central government employees has a guideline which says giving dowry is crime and a departmental enquiry is started. Does state government employees come under the same ambit?

Sudhir Kumar, Advocate (Advocate)     03 November 2015

I want to enahnce my knowledge==== Therefore I repeat============"There is a rule of central govt 1964 act which says giving dowry " which rule is this? =========== If I know the central rule I may be able to locate state govt rule as well.

Rakesh Agr (fighter)     03 November 2015

Hello Mr. Sudhir - It is "Central Services Conduct rules 1964". You can get it at below link and about dowry below is mentioned.

 

https://persmin.gov.in/DOPT/EmployeesCorner/Acts_Rules/CCSRules_1964/CCS_Conduct_Rules_1964_Updated_27Feb15.pdf

 

13-A. Dowry No Government servant shall- (i) give or take or abet the giving or taking of dowry; or (ii) demand directly or indirectly, from the parent or guardian of a bride or bridegroom, as the case may be, any dowry. Explanation:- For the purposes of this rule, ‘dowry’ has the same meaning as in the Dowry Prohibition Act, 1961(28 of 1961). 

Sudhir Kumar, Advocate (Advocate)     04 November 2015

when you can download central rule then do the same for state govt as well. the provisions generally are identical.

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