power of 13 (/) notwithstanding anything to the contrary contained in this act, if, on an court to issue application of the child marriage prevention officer or on receipt of information through a injunction prohibiting child marriages complaint or otherwise from any person, a judicial magistrate of the first class or a metropolitan magistrate is satisfied that a child marriage in contravention of this act has been arranged or is about to be solemnised, such magistrate shall issue an injunction 5 against any person including a member of an organization or an association of persons prohibiting such marriage (2) a complaint under sub-section (/) may 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 taking place of solemnisation of achild marriage or jo child marriages (3) the court of the judicial magistrate of the first class or the metropolitan magistrate may also take suo motu cognizance on the basis of any reliable report or information (4) for the purposes of preventing solemnisation of mass child marriages on certain days such as akshaya trutiya, the district magistrate shall be deemed to be the child (5 marriage prevention officer with all powers as are conferred on a child marriage prevention officer by or under this act  (5) the district magistrate shall also have additional powers to stop or prevent solemnisation of child marriages and for this purpose, he may take all appropriate measures and use the minimum force required a (6) no injunction under sub-section (/) shall be issued against any person or member of any organization or association of persons unless the court has previously given notice to such person, members of the organization or association of persons, as the case may be, and has offered him or them an opportunity to show cause against the issue of the injunction: provided that in the case of any urgency, the court shall have the power to issue an 257 interim injunction without giving any notice under this section (7) an injunction issued under sub-section (/) may be confirmed or vacated after giving notice and hearing the party against whom the injunction was issued (8) the court may either on its own motion or on the application of any person aggrieved, rescind or alter an injunction issued under sub-section (/) 3e (9) where an application is received under sub-section (/), the court shall afford the applicant an early opportunity of appearing before it either in person or by an advocate and ifthe court, after hearing the applicant rejects the application wholly or in part, it shall record in writing its reasons for so doing, (10) whoever knowing that an injunction has been issued under sub-section (1) 3s~ against him disobeys such injunction shall be punishable with imprisonment of either description for a term which may extend to two years or with fine which may extend to one lakh rupees or with both: provided that no woman shall be punishable with imprisonment i i ' 14, any child marriage solemnised in contravention of an injunction order issued yo under section 13, whether interim or final, shall be void ab initio child marriages in contravention of injunction orders to be void 15 notwithstanding anything contained in the code of criminal procedure, 1973, an 2 of 1974 offence punishable under this act shall be cognizable and non-bailable | offences      | to    ||---------------|-------|| cognizable    | and   || non-bailable, |       |'16(/) the state government: shall, by notification in the official gazette, appoint for chil marriage prevention officers the whole state, or such part: thereof as may be specified in that notification, an officer or officers to be known asthe child marriage prevention officer having jurisdiction over the 'area or areas specified in the notification s 2 the state government may also fequesta respectable member ofthe locality wth a record of social service or an officer of the gram panchayat or municipality or an officer sees cavernment or any public sector undertaking or an office bearer of any nom, sovernmental organization to assist the child marriage prevention oificer and such imember officer orofice bearers the case may be, shall be bound tact accordingly ® (3) it shall be the duty ofthe child marriage prevention officer— (0)10 prevent solemnisation of child marriages by taking such action as he may deem fit; {6) to collect evidence for the effective prosecution of persons contravening the provisions of this act; is (0 to advise ether individual cases or counsel the residents of the locality benerally not to indulge in promoting, helping, aiding or allowing the solemnisation of child marriages; (a) to create awareness of the evil which results from child marriages; (€) to sensitize the community on the issue of child mariages; ae  ioc mis sh periodical returns and statistics a the state government may direct; and {6) wo discharge such other functions and duties as may be assigned to him by the state government {3) the state government may, by notification in the oficial gazette, subject to such 25° conditions and imitations, invest the 'child marriage prevention officer with such powers of {0 the child marriage prevention office shall have the power to move the court for 30 an order under sections 4,5 and 13 and along with the child urd sector 9 17 the child mariage prevention officers shall be deemed to be public servants '45 0f 1860 within the meaning of section 21 of the indian penal code cita marriage prevention officers ta be public servants protection of action taken in 00d faith 1g, no suit prosecution or other egal proceedings shal lie against the child marriage frevention officer in respect of anything in good faith done or intended to be done '35° pursuance of this act or any rule or order made thereunder 19(j) the state goverment may, by notification inthe official gazete, make rules for 'carrrying out the provisions of this act power of state government to make rues, {2) every rule made under this act shall, as soon as may be after itis made, be laid before the state legislature 7 0f1899 40 20(1) the child marriage restraint act, 1929 is hereby repealed repeal and savings  statement of objects and reasonsthe child marriage restraint act, 1929 was enacted with a view to restraining solemnisation of child marriages the act was subsequently amended in 1949 and 1978 in order, inter alia, to raise the age limit of the male and female persons for the purpose of marriage the act, though restrains solemnnisation of child marriages yet it does not declare them to be void or invalid the solemnisation of child marriages is punishable under the act 2 there has been a growing demand for making the provisions of act more effective and the punishment thereunder more stringent so as to eradicate or effectively prevent the evil practice of solemnisation of child marriages in the country this will enhance the health of children and the status of women the national commission for women in its annnual report for the year 1995-96 recommended that the government should appoint child marriage prevention officers immediately it further recommended that— (i) the punishment provided under the act should be made more stringent; (ii) marriages performed in contravention of the act should be made void; and (iii) the offences under the act should be made cognizable 3 the national human rights commission undertook a comprehensive review of the existing act and made recommendations for comprehensive amendments therein vide its annual report 2001-2002, the central government, after consulting the state governments and union territory administrations on the recommendations of the national commission for women and the national human rights commission, has decided to accept almost all the recommendations and give effect to them by repealing and re-enacting the child marriage restraint act, 1929 4, the salient features of the bill are as follows: - (i) to make a provision to declare child marriage as voidable at the option of the contracting party to the marriage, who was a child (ii) to provide a provision requiring the husband or, if he is a minor at the material time, his guardian to pay maintenance to the minor girl until her remarriage (iii) to make a provision for the custody and maintenance of children born of child marriages (iv) to provide that notwithstanding a child marriage has been annulled by & decree of nullity under the proposed section 3, every child born of such marriage, whether before or after the commencement of the proposed legislation, shall be legitimate for all purposes (v) to empower the district court to add to, modify or revoke any order relating to maintenance of the female petitioner and her residence and custody or maintenance of children, etc, (vi) to make a provision for declaring the child marriage as void in certain circumstances (vii) to empower the courts to issue injunctions prohibiting solernnisation of marriages in contravention of the provisions of the proposed legislation (viii) to make the offences under the proposed legislation to be congnizable for the purposes of investigation and for other purposes (ix) to provide for appointment of child marriage prevention officers by the state governments (x) to empower the state governments to make rules for effectively administration of the legislation 5 the bill seeks to achieve the above objects new deélhi; the 16th december, 2004 hr bhardwaj  financial memorandumclause 16 of the bll seeks to empower the state government to appoint ane ot more child marriage prevention officers forthe purpose of prevention of solemnisation of child marriages and the child marriage prevention officers shall have jurisdiction over such area lor areas as may be specified by the state government, by notification serving officers can also be designated as child marriage prevention officers under the act the expenditure in this regard is to be borne by the respective state government 2 the state government in respect ofa union territory isthe central government, ifan officer other than a serving officer is appointed as the child marriage prevention officer, some recurring expenditure wll be involved in regard to payment of salary and allowances to such officer some office expenditure ofa negligible nature may also be involved the exact 'amount of such expenditure would depend upon the number of child marriage prevention officers as may be appointed 3 there shall be no other expenditure of a recurring or non-recurring nature,  memorandum regarding delegated legislationclause 19 of the bill empowers state governments to make rules for carrying out the provisions of the proposed legislation the rules are required to be laid before the state legislature the matters in respect of which the rules may be made are matters of procedure and administrative details and it is not practicable to provide for them in the bill itself 2 the delegation of legislative power is, therefore, of anormal character  bllto provide for the prevention of solemnisation of child marriages and for matters connected therewith or incidental thereto (shri hr bhardwaj, minister of law and justice) mgipmrno—3637rs—(s3)—16-122004 