Power to make rules
(1) The Central 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—
(a) the form and manner in which, and the persons by whom, any list of presents referred to in sub-section (2) of section 3 shall be maintained and all other matters connected therewith; and
(b) the better co-ordination of policy and action with respect to the administration of this Act.
(3) Every rule made under this section shall be laid as soon 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 rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
In plain English
What this section actually means
Section 9 is the Central Government's rule-making power. Sub-section (1) is the general clause; sub-section (2) lists two specific subjects — the form and maintenance of presents lists under Section 3(2), and the better co-ordination of policy and administration.
The most important rules under Section 9 are the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985. These prescribe the form of the list, the timing, the signatures required from both parties, and the persons who must maintain custody. Without the list, the Section 3(2) safe harbour for non-demanded gifts at the marriage is unavailable.
Sub-section (3) is the standard parliamentary-laying clause — every rule must be laid before both Houses for 30 days; modifications or annulments by both Houses prevail; but actions already taken under the rule are validated.
Real life
What this looks like in real life
Family wants to know exactly what to record
Setup. A bride's family wants to give the bride personal jewellery worth ₹4 lakh and is told they must 'maintain a list under the rules'.
What the law does. Under the 1985 Rules, the list must be in writing, must contain a description of each present, its approximate value, the name of the giver, and the name of the recipient (bride or bridegroom). It must be prepared at or about the time of the marriage and signed by the bride and bridegroom (and their parents / guardians if either is a minor). Maintained correctly, the list anchors the Section 3(2) safe harbour.
Cross-references
Read this alongside
- Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985§—·The principal Central rules under Section 9 — prescribe form, timing and signature requirements for the presents list under Section 3(2).
Frequently asked
Questions about Section 9
Open this section in the source PDF
dowry_prohibition.pdf
Page 4 · opens in new tab