| service     ||-------------|| notice     || 10,         || (1)         || notice      || of          || the         || date        || fixed       || under       || section     || 9           || shail       || be          || given       || by          || the         || magistrate  || to          || the         || protection  || officer,    || who         || shall       || get         || it          || served      || by          || such        || means       || as          || may         || be          || prescribed  || on          || the         || respondent, || and         || on          || any         || other       || person,     || as          || directed    || by          || the         || magistrate |(da declaration in such form as may be prescribed, of the protection officer regarding service of notice shall be the proof that such notice was served upen the respendent and on any other person as directed by the magistrate unless the contrary is proved counselling 11 c) the magistrate at any stage of the proceedings under this act may direct the respondent or the aggrieved person, cither singly or jointly, to undergo mandatory counselling with any service provider, (2) where the magistrate has issued any direction wader sub-section (j), he shall fix the next date of hearing of the case within a period not exceeding tvo months 13, in aay proceedings under this act, the magistrate may secure the services of such assistance of welfare expert, person, preferably a woman where available, whether related to parties or not, including a person engaged in promoting family welfare as he thinks fit, for the purpose of assisting him in discharging bis functions proceedings 13 the proceedings may be held in camera, if the magistrate considers that the circumstances of the case so warrant, and shall be so held if either party so desires 14, (2d the magistwate, after giving opportunity of being heard to the parties to the | to         | be    ||------------|-------|| camera,    |       || passing    | of    || protection |       || order     |       |application, and after being satisfied that the aggrieved person is being subjected to domestic violence,— ; (a) may pass the protection order by directing the respondent to,— () refrain from committing any act of domestic violence; or (ii) pay such monetary relief as the magistrate deems jusi, and specify the period in the protection order within which the amount of such monetary relief is to be paid-by the respondent to the person aggrieved; or (8) pass such other direction as may be considered necessary (j subject to section 11, every endeavour shail be made by the magistrate hearing the application under this act to dispose it of within three months from the date of filing of the application, (3) all evidence in any proceeding under this act shall be taken in the presence of the respondent, or, when a personal attendance of the respendent is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases in the code of criminal procedure, 1973: provided that if the magistrate is satisfied that the respondent is wilfully avoiding service of notice, or wilfully neglecting to attend the court, the magistrate may proceed to hear and determine the case ex parte, (4 a copy of ihe protection order shall be forwarded to the protection officer and parties to the application ; : (5) where the magistrate is satisfied that circumstances stated in the application presented under section 9 are such so as to justify the immediate intervention of the magistrate to restrain the respondent from committing domestic violence, the magistrate may issue an interim protection order directing the respondent to restrain from engaging in any act of domestic violence, and the magistrate may further require the respondent to show cause as to why he should not be ordered to execute a bond, with or without sureties, for maintaining domestic peace for such period as the magistrate thinks fit 18 (d aprotection order made under section 14 shall be in force in the first instance for such period as the magistrate may fix but not exceeding two years (2 the protection order, for reasons to be recorded in writing, may be altered, modifidd, duration and alteration of protection order, varied or revoked, on an application either by the aggrieved person or the respondent provided that the magistrate is satisfied that there is a change in the circumstances that requires such alteration, modification, variation or revocation, as the case may be 29 30 2 af 1974 35 40 30  chapter v miscellaneousappeal 16 there shall he an agpeal to the court of session within thirty days from the date on which the order made by the magistrate is served on the aggrieved person or the respondent, as the case may be | 1 every protection officer, when acting or purporting to act under this act, shall protection officer wo be public servant, be deemed to be a public servant within the meaning of section 21 of the indian penal code, | penalty     | for    ||-------------|--------|| breach      | of     || protection  |        || oxder       | by     || tespondent |        |18 abreach of protection onder, or of the interim protection order, by the respondent shall be an offence and shall be punished with imprisonment of either description for aterm which may extend to one year, or with fine which may extend to rupees twenty thousand, or with both | penakty    | for        ||------------|------------|| not        | discharg-  || ing        | duties     || by         | protection || officer,   |            |19, any protection officer fails or refisses to discharge his duties as directed by the magistrate in the protection order without any sufficient cause, he shail be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to rupees twenty thousand, or with both 20 no prosecution or other legal proceeding shall tie against the protection officer unless a complaint is filed with the previous sanction of the state government or an officer authorised by it in this behalf, | cognizance    | of     ||---------------|--------|| offence       |        || committed     | by     || protection    |        || offices      |        || protection    |        || of            | action || in            | good   |21, no suit, prosecation or other legal proceedings shall lie against the protection officer for any damage caused or likely fo be caused by anything which is in good faith done or intended to be done under this act or any rule made thereunder power to make rulss 22 (1) the central government may, by notification in the official gazette, make rules for carrying out the parpeses of this act (q in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: - (a) qualifications, terms and conditions of service for the appointment of protection officers, other officers and employees and their duties under section 5; (b) duties of the protection officer under section 6; {© prescribing the form in which the application may be presented under subsection (2) of section 9; (@ the form and manner in which notice may be served on the respondent and other persons by the protection officer under section 10; and (@ any other matter in connection with or in relation to this act () every rule made under this act shall be laid, as sooa as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the _ expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rale should not be made, the tule shall thereafter have effect only in such modified form or be of no effect, as the case may be; 30, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule  statement of objects and reasonsdomestic violence is usdoubtedly a human rights issue and serious deterrent to development, the vienna accord of 1994 and the beijing platform of action (2995) both have acknowledged this the united nations comunittee on cedaw (convention on elimination of all forms of discrimination against women) in its general recommendation no, xie (1989) has recommended that state parties should act te protect women against violence of any kind especially that occursing within the family, 2 the phenomenon of domestic violence is widely prevalent but has remained largely invisible in the public domain, presently, where a woman is visited with cruelty by her husband or his relatives is an offence under section 498a of the indian penal cede, 1260 the civil law does not address this phenomenon in its entirety 3 with a view to providing a remedy under the civil jaw which is intended to preserve the family and at the same time provide protection to victims of domestic violence, legislation is being proposed the main features as contained in the bill are as follows:— (i) it is being provided that any conduct of relative of the victim, which subjects her to habitual assault, or makes her life miserable, or injures or harms, or forces her ta lead an immoral life would constitute domestic violence; gi) the judicial magistrate of the first class or the metropolitan magistrate may take the cognizance of domestic violence and pass a protection order requiring the relative of the woman to refrain from committing an act of domestic violence, or pay monetary relief which is deemed fit in the circumstances or pass any other direction as the magistrate may consider just; (iii) the magistrate may even require as an interim and urgent measure from the relative of the woman to execute a bond, with or without sureties, for maintaining domestic peace; (iv) the violation by the relative of the order made by the magistrate would constitute an offence punishable with imprisonment up to one year, or with fine, or with both; (¥) it is being proposed to set up an institution of protection officer to help the victim of domestic violence in making application to the magistrate and in availing of her other legal rights; (vi) a provision is being made for the appointment of protection officers by state governments and they shall possess such qualifications as may be prescribed by the central government; and (vii) protection officer shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, 1860, and if he fails or refuses to discharge the duties as directed by the magistrate, his act shall amount to an offence punishable with imprisonment up to one year, or with fine, or with both 4 the bill seeks to achieve the above objects new detar; murli manohar joshl the 14th february, 2002 :  memorandum regarding delegated legislationsub-clauses (2) and (3) of clause 5 seek to confer power on the central goverament to make rules for prescribing qualification, terms and conditions of service of the protection officer and other officers subordinate to him clause 6 preseribes duties of protection officer in addition to the duties which the central government can impose on them by virtue of powers conferred by sub-clause (1) of the said clause, sub-clause (2) of clause 9 confers power on the central government to make rules for prescribing the form in which the application may be presented by the aggrieved person to the magistrate, sub-clauses (1) and (2) of clause 10, confer power on the central government to make roles regarding service of notice on respondent clause 22, inter alia, confers power on the central government to make rules for carrying out the purposes of the bill, and for any other matter in connection or in relation to the bill 2 the matter in respect of which provision may be made in the rules are generally matters of procedure and detail the delegation of legislative power, is therefore, of a normal character,  financial memorandumthe provisions of the protection from domestic violence bill, 2002 will be enforced es and the union territories it is not etvisaged to no expenditure is involved from the consolidated through the existing machinery of the stat create any new post at any level therefore, fund of india 