What is Protection of action taken in good faith? What is Act not in derogation of any other law? What is Power of Central Government to make rules? Section 35 36, and 37 of The Protection of women from Domestic Violence Act 2005

Protection of action taken in good faith, Act not in derogation of any other law and Power of Central Government to make rules are defined under section 35, 36 and 37 of Domestic Violence Act 2005. Provisions under these sections are:

 

Section 35 of Domestic Violence Act "Protection of action taken in good faith"

No suit, prosecution or other legal proceeding shall lie against the Protection Officer for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or any rule or order made there under.


 

Section 36 of Domestic Violence Act "Act not in derogation of any other law"

The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force.

 

Section 37 of Domestic Violence Act "Power of Central Government to make rules"

1. The Central Government may, by notification, make rules for carrying out the provisions 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 qualifications and experience which a Protection Officer shall possess under sub-section (2) of section 8;

b. the terms and conditions of service of the Protection Officers and the other officers subordinate to him, under sub‑section (3) of section 8;

c. the form and manner in which a domestic incident report may be made under clause (b) of sub‑section (1) of section 9;

d. the form and the manner in which an application for protection order may be made to the Magistrate under clause (c) of sub‑section (1) of section 9;

e. the form in which a complaint is to be filed under clause (d) of sub­-section (1) of section 9;

f. the other duties to be performed by the Protection Officer under clause of sub‑section (1) of section 9;

g. the rules regulating registration of service providers under sub‑section (1) of section 10;

h. the form in which an application under sub‑section (1) of section 12 seeking reliefs under this Act may be made and the particulars which such application shall contain under sub‑section (3) of that section;

i. the means of serving notices under sub‑section (1) of section 13;

j. the form of declaration of service of notice to be made by the Protection Officer under sub‑sections' (2) of section 13;

k. the qualifications and experience in counselling which a member of the service provider shall possess under sub‑section (1) of section 14;

l. the form in which an affidavit may be filed by the aggrieved person under sub‑section (2) of section 23;

m. any other matter which has to be, or may be, prescribed.

3. Every rule made under this Act 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.