Power of the State Government to make rules
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) 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) the additional functions to be performed by the Dowry Prohibition Officers under sub-section (2) of section 8B;
(b) limitations and conditions subject to which a Dowry Prohibition Officer may exercise his functions under sub-section (3) of section 8B.
(3) Every rule made by the State Government under this section shall be laid as soon as may be after it is made before the State Legislature.
In plain English
What this section actually means
Section 10 — substituted by the 1986 amendment — is the State Government's rule-making power. It complements Section 9 (Central rules). Sub-section (1) is the general clause; sub-section (2) specifies two particular subjects, both connected to DPOs: (a) additional functions under Section 8B(2)(d), and (b) limitations / conditions for the DPO's exercise of conferred police powers under Section 8B(3).
Sub-section (3) requires every State rule to be laid before the State Legislature 'as soon as may be' — the State counterpart of the Section 9(3) parliamentary-laying clause. The procedure for legislative scrutiny is a matter for State legislative practice; it is normally less elaborate than the 30-day Central scheme.
Real life
What this looks like in real life
State notifies a DPO with limited search powers
Setup. Karnataka issues a Gazette notification under Section 8B(3) conferring on the DPO of Bengaluru 'powers of a police officer for the purpose of recording statements and inspecting documents, subject to the conditions in the State Rules'.
What the law does. The notification is valid under Section 8B(3) read with Section 10(2)(b). The State must also have laid the rules before the Karnataka Legislature under Section 10(3). The DPO can record statements and inspect documents; he cannot arrest unless the notification expressly says so.
Frequently asked
Questions about Section 10
Open this section in the source PDF
dowry_prohibition.pdf
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