THE DOWRY AND BRIDAL GIFTS (RESTRICTION) ACT, 1976
[ACT XIII OF 1976] An Act To accommodate Limitations on Dowry and Marriage Blessings.
While it is practical to accommodate limitation on settlement and marriage endowments and for issues associated therewith or auxiliary thereto;
It is thus instituted as follows: -
1. Short title, degree and beginning. This Act might be known as the Dowry and Bridal Gifts (Restriction) Act, 1976.
(2) It stretches out to the entire of Pakistan and applies to all residents of Pakistan.
(3) It will come into power without a moment's delay.
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2. Definitions.
In this Act, except if there is anything repulsive in the subject or setting, -
(a) 'wedding blessing' signifies any property given as a blessing previously, at or after the marriage, either straightforwardly, by the spouse or his folks to the lady of the hour regarding the marriage however does exclude Mehr;
(b) 'endowment' signifies any property given previously, at or after the marriage either legitimately or in a roundabout way, to the lady by her folks regarding the marriage however it does exclude property which the lady of the hour may acquire under the laws of legacy and progression pertinent to her;
(c) 'marriage' incorporates prearranged engagement, nikah and rukhsati;
(d) 'guardians' incorporates the gatekeeper of involved with a marriage and any individual who accommodates settlement or wedding blessings and, on account of involved with a marriage who has no parent, or whose marriage is solemnized in conditions in which, or at a spot at which np parent is available, such gathering;
(e) 'present' signifies an endowment of any property, not being wedding blessing or settlement, given previously, at or after the marriage, either straightforwardly regarding the marriage, or to the family members of the lady of the hour or husband however does exclude neundra and salami;
(f) 'property' signifies property, both versatile and relentless, and remembers any significant security as characterized for the Pakistan Penal Code (Act XLV of 1860); and
(g) 'Enlistment center' signifies a Nikah Registrar authorized under the Muslim Family Laws Ordinance, 1961 (VIII of 1961), and such other individual as might be assigned now and again to play out the elements of the Registrar.
3. Limitation on Endowment, Presents and Marriage Blessings.
(1) Neither the total estimation of the settlement and presents given to the lady of the hour by her folks nor the total estimation of the wedding blessings or of the presents given to the husband will surpass 5,000 rupees.
Clarification. The roof of 5,000 rupees determined in this sub-area doesn't in any capacity infer that the endowment, wedding blessings and presents of a lesser sum may not be given.
(2) No endowment, marriage blessings or presents might be given previously or following a half year of nikah and if rukhsati happens some time after nikah, following a half year of such rukhsati.
4. Limitation on presents.- No individual will provide for either gathering to the marriage any present the estimation of which surpasses one hundred rupees:
Given that the constraint of one hundred rupees will not have any significant bearing to the presents given to the spouse by the guardians of the lady under sub-segment (1) of segment 3:
Given further that the President, the Prime Minister, Federal Minister, Chief Minister of State, Adviser, Governor, Speaker, Deputy Speaker, the Chairman or the Deputy Chairman of the Senate, Parliamentary Secretary, Member of the Senate, National Assembly or Provincial Assembly, Government worker or an official serving in any company, industry or foundation claimed, controlled or oversaw by Government will not get any present regarding his marriage or the marriage of his child or little girl aside from his relations (khandan):
Given further that this limitation will not matter to a Government worker or authority serving in the scale beneath National Pay Scale 17 not practicing in any way legal, income or leader authority.
5. Vesting of share, and so on., in the lady of the hour. - All property given as endowment or marriage blessings and all property given to the lady of the hour as a present will vest completely in the lady of the hour and her enthusiasm for property anyway inferred will in the future not be prohibitive, contingent or constrained.
6. Use on marriage. - The all out use on a marriage, barring the estimation of settlement, wedding endowments and presents, however remembering the costs for mehndi, baarat and valima, caused by or in the interest of either gathering to the marriage will not surpass 2,000 and 500 rupees.
7. Show of endowment, and so on.- The guardians of each gathering to a marriage will, at the hour of rukhsati, show all things of share, wedding blessings and presents given or got regarding the marriage in order to be obvious to the people going to the rukhsati.
8. Rundown of settlement, and so on to be outfitted to Registrar.
(1) The guardians of each gathering to a marriage will outfit to the Registrar arrangements of endowment, wedding blessings and presents given or got regarding the marriage.
(2) The rundowns alluded to in sub-segment (1) will be outfitted, - (an) on account of property given or acknowledged previously or at the hour of the marriage; and (b) for the situation or property given or acknowledged after the marriage, inside fifteen days of its being given or acknowledged.
(3) The rundowns alluded to in sub-segment (1) will (a) contain subtleties of the property alongwith the worth thereof; and (b) be marked or thumb-set apart by the individual outfitting them to the Registrar and verified by in any event two observers.
(4) The guardians of each gathering to a marriage will outfit to the Registrar the subtleties of consumption acquired on the marriage, appropriately marked or thumb-set apart by them inside multi week.
(5) The Registrar will advance the rundowns outfitted under sub-segment (1) and the subtleties of consumption submitted under sub-area (4) to the Deputy Commissioner inside fifteen days of receipt of such rundown or subtleties of use.
9. Punishment and Technique.-
(1) Whoever, contradicts, or neglects to consent to, any arrangement of this Act or the principles made thereunder, will be culpable with detainment of either depiction for a term which may reach out to a half year, or with fine which may stretch out to ten thousand rupees, or with both, and the endowment, wedding blessings or presents given or acknowledged in repudiation of the arrangements of this Act will be relinquished to the Federal Government to be used for the marriage of helpless young ladies in such a manner as might be endorsed by rules made under this Act:
Given that if both the guardians of involved with the marriage negate, or neglect to conform to, any arrangement of this Act or the guidelines made thereunder, activity under this segment will be taken distinctly against the dad:
Given further that if the parent who contradicts, or neglects to consent to, any arrangements of this Act or the guidelines made thereunder, is a female, will be culpable with fine as it were.
(2) An offense culpable under this Act will be offense just by a Family Court set up under the West Pakistan Family Courts Act, 1964 (W.P. Act No. XXXV of 1964).
(3) No Family Court will take insight of an offense culpable under this Act aside from upon a grumbling recorded as a hard copy made by, or under the authority of, the Deputy Commissioner inside nine months from the date of nikah, and if rukhsati happens some time after nikah, from the date of such rukhsati.
(4) While attempting an offense culpable under this Act, a Family Court will follow the method endorsed by the Code of Criminal Procedure, 1898 (Act V of 1898), for the preliminary off offenses by Magistrates.
10. Capacity to make manages.- The Federal Government may, by warning in the official Gazette, make rules for doing the motivations behind this Act.
11. Nullification.- The West Pakistan Dowry (Prohibition on Display) Act, 1967 (West Pakistan Act No. XVI of 1967) and the North-West Frontier Province Dowry Act, 1972 (N.W.F.P. Act No. IX of 1972), are thus canceled.
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