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DOWRY AND BRIDAL GIFTS (RESTRICTION) ACT, 1976

Sections Contents  
 Preamble  
1Short title, extent and commencement  
2Definitions  
3Restriction on dowry, presents and bridal gifts  
4Restriction on presents  
5Vesting of dowry, etc., in the bride  
6Expenditure on marriage  
7Display of dowry, etc  
8List of dowry, etc  
9Penalty and procedure  
10Power to make rules  
11Repeal  

 

DOWRY AND BRIDAL GIFTS (RESTRICTION) ACT, 1976

ACT XLIII OF 1976

 

An Act to provide for restrictions on dowry and bridal gifts.

WHEREAS it is expedient to provide for restriction on dowry and bridal gifts and for matters connected therewith or ancillary thereto;
It is hereby enacted as follows: –

1. Short title, extent and commencement. – (1) This Act may be called the Dowry and Bridal Gifts (Restriction) Act, 1976.

(2) It extends to the whole of Pakistan and applies to all citizens of Pakistan.
(3) It shall come into force at once.

2. Definitions. – In this Act, unless there is anything repugnant in the subject or context, –
(a) ‘Bridal gift’ means any property given as a gift before, at or after the marriage, either directly, by the bridegroom or his parents to the bride in connection with the marriage but does not include Mehr;
(b) ‘Dowry’ means any property given before, at or after the marriage either directly or indirectly, to the bride by her parents in connection with the marriage but it does not include property which the bride may inherit under the laws of inheritance and succession applicable to her;
(c)’Marriage’ includes betrothal, nikah and rukhsati;

(d) ‘Parents’ includes the guardian of a party to a marriage and any person who provides for dowry or bridal gifts and, in the case of a party to a marriage who has no parent, or whose marriage is solemnized in circumstances in which, or at a place at which np parent is present, such party;
(e) ‘Present’ means a gift of any property, not being bridal gift or dowry, given before, at or after the marriage, either directly in connection with the marriage, or to the relatives of the bride or bridegroom but does not include neundra and salami;

(f) ‘Property’ means property, both movable and immovable, and includes any valuable security as defined in the Pakistan Penal Code (Act XLV of 1860); and

(g) ‘Registrar’ means a Nikah Registrar licensed under the Muslim Family Laws Ordinance, 1961 (VIII of 1961), and such other person as may be designated from time to time to perform the functions of the Registrar.

3. Restriction on dowry, presents and bridal gifts. – (1) Neither the aggregate value of the dowry and presents given to the bride by her parents nor the aggregate value of the bridal gifts or of the presents given to the bridegroom shall exceed five thousand rupees.
Explanation. The ceiling of five thousand rupees specified in this sub-section does not in any way imply that the dowry, bridal gifts and presents of a lesser amount may not be given.

(2) No dowry, bridal gifts or presents may be given before or after six months of nikah and if rukhsati takes place some time after nikah, after six months of such rukhsati.

4. Restriction on presents.- No person shall give to either party to the marriage any present the value of which exceeds one hundred rupees:

Provided that the limit of one hundred rupees shall not apply to the presents given to the bridegroom by the parents of the bride under sub-section (1) of section 3:

Provided 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 servant or an official serving in any corporation, industry or establishment owned, controlled or managed by Government shall not receive any present in connection with his marriage or the marriage of his son or daughter except from his relations (khandan):
Provided further that this restriction shall not apply to a Government servant or official serving in the scale below National Pay Scale 17 not exercising in any manner judicial, revenue or executive authority.

5. Vesting of dowry, etc., in the bride. – All property given as dowry or bridal gifts and all property given to the bride as a present shall vest absolutely in the bride and her interest in property however derived shall hereafter not be restrictive, conditional or limited.

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