The Haryana Prevention of Unlawful Conversion of Religion Act, 2022 (Haryana No. 16 of 2022)

HARYANA GOVT. GAZ. (EXTRA.), APR. 12,2022 (CHTR. 22. 1944 SAKA)
PART - I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The l2th April,2022
No. Leg. 1612022.- The following Act of the Legislature of the State of Haryana received
the assent of the Governor of Haryana on the 07th April, 2022 and is hereby published for general
information:-
HARYANA ACT NO. 16 OF 2022
TIIE IIARYANA PRE,VENTION OF IINI,AWFIII, CONVH,RSION OF REI,IGION
{CT,2022
AN
ACT
to provide for prevention of unlawful conversionfrom one religion to another by
misrepresentation, use offorce, threat, undue influence, coercion, allurement or by any
fraudulent means or by marriage or for marriage andfor matters connected therewith and
incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Seventy-third Year of the
Republic of India as follows:-
1. (l) This Act may be called the Haryana Prevention of Unlawful Conversion of Shorttitleand
commencementReligion Act,2022.
(2) It shall come into force on such date, as the Government may, by notification in the
O fficial G azette, appo int.
2. (l) In this Act, unless the context otherwise requires,- Definitions
(a) "allurement" means and includes an act of offering any temptation in the
form of any gift or gratification or material benefits either in cash or kind or
employment, education in school run by any religious body, better life style,
divine pleasure or promise thereof;
(b) "coercion" means committing or threatening to commit any act punishable
under the Indian Penal code, 1860 (Central Act 45 of 1860) or any other law
for the time being in force or unlawful detaining, threatening to detain, any
property to the prejudice of any person, whatever, with the intention of
causing any person to convert to another religion;
(c) "conversion" means renouncing one religion and adopting another religion
but does not include return of any person to the religion professed or being
professed by, any one or both, the parents or grandparents ofa person;
(d) "digital mode" means and includes,-
(D social media networking site that allow individuals to,-
(i) construct a public or semi-public profile within a bounded system;
(ii) articulate a list of other users with whom they share a connection;
and
(iii) view and traverse their list of connections and those made bv
others within the system;
(ll) social media applications aiming on building online communities of
people who share interests and activities or who are interested in
exploring the interests and activities of others and provide a variety of
ways for users to interact such as e-mail and instant messaging;
l0r
102 HARYANA GOVT. GAZ. (EXTRA.), APR. 12.2022 (CHTR.22. 1944 SAKA)
Conversion of
religion
Cognizance of
offence
Marriage by
concealnrent
Jurisdiction of
Court
(e) "force" means causing or threatening to cause another person any injury to
his person or property or to the person or property of anyone in whom that
person is interested with the intent that such person shall do the thing which
is the object of the offender to cause him to do;
(D "fraudulent" includes misrepresentation of any kind or inducing any person to
do or omit to do anything which he shall not do or omit if he was not so
misrepresented or induced;
(g) "Government" means the Government of the State of Haryana in the
administrati ve department;
(h) "minor" shall have the same meaning as assigned to it in clause (f) of section 2
ofthe Prohibition of Child Marriage Act, 2006 (Central Act 6 of 2007);
(i) "prescribed" means prescribed by the rules made under this Act;
0) "religion" means any organized system of faith, belief, worship or lifestyle as
prevailing in India or any part thereof and defined under any law or custom
for the time being in force;
(k) "religious priest" means and includes a person professing any religion and
who performs rituals including purification sanskar or conversion ceremony
of any religion and by whatever name is called such as Pujari, Pandit, Qazi,
Mulla, Maulvi, Father, Pastor or Nun;
(l) "special officer" means an officer not below the rank of Inspector, as the
Govemment may, by order, appoint for the specified area, for the purposes of
this Act;
(m) "undue influence" includes inducement by a person, who is in a position to
dominate the will of another on account of hls ffduclary relation or real or
apparent authority over the other to obtain an unfair advantage by using his
such position.
(2) Words and expressions used but not defined in this Act and defined in the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974), the Indian Penal Code, 1860 (Central Act 45
of 1860) or the Information Technology Act, 2000 (Central Act 2l of 2000), shall have the
meanings respectively assigned to them in that Act.
3. No person shall-
(a) 
:::'.:il#;ffT*nronvert, 
either directly or otherwise, any other person from
(D by misrepresentation, use of force, threat, undue influence, coercion,
allurement or by fraudulent means including use of digital mode; or
(ii) by marriage or for marriage:
Provided that nothing contained in clause (ii) shall apply to willful
conversion duly certified by the District Magistrate as per the provisions of
section 9 of this Act;
(b) abet or conspire such conversion through any means including digital mode;
(c) conceal his religion with intention to marry.
4. No Court shall take cognizance of an offence punishable under this Act except upon a
police report or upon a complaint made by the person aggrieved by the offence or by his parents
or siblings or by an officer authorized by the Government or with the leave of the Court by any
other person who is related by blood, marriage, adoption, guardianship or custodianship, as the
case may be.
5. Any marriage solemnized in contravention of clause (c) of section 3 shall be null and void.
6. Every petition for declaring a marriage null and void under section 5 shall be presented by
any party aggrieved by the marriage before the Family Court or where a Family Court is not
established, the Court having jurisdiction within the local limits wherein,-
(a) the marriage was solemnized; or
HARYANA GOVT. GAZ. (EXTRA.), APR. 12,2022 (CHTR. 22, 1944 SAKA) 103
(b) the respondent, at the time of the presentation of the petition, resides; or
(c) either parties to the marriage last resided together.
7. Any child born in the marriage solemnized in contravention of section 3 shall be deemed
to be legitimate and the succession of property to such child shall be governed according to the
law governing inheritance of,-
(i) in case of property of father/father's ancestors, the father; and
(ii) in case of property of mother/mother's anc.estors, the mother.
8. The court in the proceeding under section 6 of this Act may grant maintenance and
expenses of the proceedings on an application filed by any pafi and to a minor child born in the
marriage so declared null and void, in such manner, as may be prescribed.
9, (l) Atty prsl5osr who intcnds l,o c:onver[ shall subrnil. a decrlaratiorr Lo l,hat effcL:t, priur tr-r
such conversion. to thc District Magistratc stating his intcntion to convcrt out of his o,,vn frcc will
and without any force, coercion, undue influence or allurement in such form, as may be
prescribed.
(2) Any religious priest and/or any person who intends to organize conversion shall
give prior notice to the District Magistrate of the district where such conversion is proposed to be
orgarized in such form, as may be prescribed.
(3) The District Magistrate on receiving the information under sub-section (1) or (2),
shall give acknowledgement of such prior notice or declaration and affix the copy of such notice
or declaration at the conspicuous place or on the notice board of his office, in such manner, as
may be prescribed.
(4) Any person may, before the expiry of thirty days from the date of notice affixed on
the notice board under sub-section (3), file written objections to such intended conversion on the
ground that it slull uurrl.r'avulle l.he pruvisiorrs of scution 3.
(5) If any objection is received by the District Magistrate under sub-section (4) within
stipulated time then he shall verifr and conduct inquiry in such manner, as may be prescribed.
(6) If the District Magistrate comes to the conclusion that the intended conversion is in
contravention of section 3 then he shall decline the intended conversion by passing a reasoned
order.
(7) The District Magistrate shall, after being satisfied as per the provisions of this Act
that the conversion is willful and without any misrepresentation, use of force, threat, undue
influence, coercion, allurement or by any fraudulent means or by marriage or for marriage, issue
a certificate to that effect in such manner, as may be prescribed.
(8) The District Magistrate shall pass order under sub-section (6) or shall issue
certificate under sub-section (7) within three months of expiry of notice period as provided under
sub-section (4):
Provided that the District Magistrate, for the reasons to be recorded in writing, may
pass an order or issue certificate within such period, as he may deem fit, but not later than
six months after the expiry of notice period.
(9) Any conversion in violation of sub-sections (l) and (2) shall be deemed to be
unlawful and ineffective.
10. Any person aggrieved by the order passed by the District Magistrate under section 9 may
file an appeal within a period of thirty days from the receipt of certified copy of the order or
issuance of certificate, as the case may be, before the concemed Divisional Commissioner, in
such manner, as may be prescribed:
Provided that the Divisional Commissioner may further extend the period for thirty days
for filing an appeal on showing reasonable cause for the delay by the aggrieved person.
ll. Any conversion in contravention of the provisions ofthis Act shall be null and void.
12. (l) Whoever contravenes the provisions of clause (a) or (b) of section 3 or both, shall be
punished with imprisonment for a term which shall not be less than one year which may extend to
five years and shall also be liable to fine which shall not be less than one lac rupees.
Right to
inheritance
Right to
malntenance.
Dcclaration bcforc
conversion of
religion.
Appeal
Conversion to be
null and void.
Punishment for
contravention of
provisions of Act
104 HARYANAGOVT. GAZ. (EXTRA.), APR. 12.2022 (CHTR.22, 1944 SAKA)
Punishrnent for
violation of
provisions of Act
by an institution
or organlzatlon
Order to pay
compensatron.
Burden ofproof.
Offence to be
cognizable, non-
bailable and
triable by Court of
Session.
Investigation.
Power to remove
difficulty.
Power to make
rul es
(2) Whoever intends to marry aperson of any religion other than the religion professed
by him in contravention of the provisions of section 3 (c) by concealing his religion in such a
manner that the other person whom he intends to marry believes that his religion is truly the one
professed by him, shall be punished with imprisonment for a term, which shall not be less than
three years which may extend to ten years and shall also be liable to fine which shall not be less
than three lac rupees.
(3) Whoever contravenes the provisions of section 3 in respect of a minor. a woman or
a person belonging to the Scheduled Castes or Scheduled Tribes, shall be punished rvith
imprisonment for a term which shall not be less than fbur years which may extend to ten years
and shall also be liable to flne which shall not be less than three lac rupees.
(4) Whoever contravenses of section 3 in respect of mass conversion shall be punished
with imprisonment for a term which shall not be less than five years which may extend to ten
years ans shall also be liable to fine which shall not be less than fbur lac rupees:
Explartatiurt.- ]Vtass uorrvsrsiorr lur [hc purpusss ul' Llris sub-seuLiurr rrrsans a culiversiorr
wherein more than two persons are converted at the same time.
(5) Whoever contravenes the provisions of section 9 shall be punished with
imprisonment for a term which shall not be less than three years which may extend to flve years
and shall also be liable to frne which shall not be less than two lac rupees:
Provided that in case of a second or subsequent oflbnce mentioned in this section.
the term of imprisonment shall not be less than ten years and also with fine which shall not be
less than five lac rupees.
13. (l) Where any institution or organization violates any provisions of this Act. the
person in-charge of the aff-airs of such institutionor organization, as the case may be, indulged in
such violation shall be liable fbr punishment as provided under section 12. as the case may be.
(2) Where any institution or organization is tbund guilt,v under sub-section (l). the
registration of such institution or organization, as the case may be. shall be cancelled by the
competent authority in such manner, as may be prescribed.
Explanation.- "competent authority" for the purposes of this section shall be the authority
who registered such institution or organrzatron.
14. The Court may order to pay compensation as per the provisions of section 357 of the Code
of Criminal Procedure, 1973 (Central Act2 of 1974).
15. The burden of proof shall lie on the accused in case of violation of any of the provision of
this Act.
16. (l) Every offence committed under this Act shall be cognizable. non-bailable and
triable by the Court of Session.
(2) While trying an offbnce under this Act, the Court of Session may also try an oflbnce
arising out of same incident. other than the olfence under this Act. with which the accused mar- be
charged under any other law fbr the said incident.
17. No police officer other than the special officer shall investigate any ofl-ence under this Act.
18. (l) If any difficulty arises in giving effect to the provisions of this Act. the Covernment
may, by order published in the Official Gazette. make such provisions not inconsistent with the
provisions of this Act, as appear to it to be necessary or expedient fbr removing such ditficulty:
Provided that no such order shall be made after the expiry of a period of two years
fiom the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made. be laid
belore the State Legislature.
19. (l) The Government may, by notification in the Oflcial Gazette. make rules fbr
carrying out the provisions of this Act.
(2) Every rule made under this Act shall be laid. as soon as may be, after it is made,
befbre the House of the State Legislature, while it is in session.
BIMLESH TANWAR.
Administrative Secretary to Government.
Haryana, Lar,v and Legislative Department.
9558-L.R.-H.c.P., Pkt
Zfiurgunu Gsurrnmrnt GuTrttr
EXTRAORDINARY
Published by Authority
O Govt. of Haryana
No. 67-2022lExt.l CHANDIGARH. TUESDAY. APRIL 12. 2022
CHAITRA 22, 1944 SAKA
LEGISLATIVE SUPPLEMENT
CONTENTS
PART - I ACTS
I. TFIE FIARYANA PREVENTION OF LINLAWFUL CONVERSION OF
(HARYANA ACT NO. 16 OF 2022).
2. TFIE HARYANA WATER RESOURCES (CONSERVATION,
REGULATION AND MANAGEMENT) AUTHORITY (AMENDMENT)
ACT,2022 (HARYANA ACTNO. 17 OF 2022).
3. THE HARYANA LAWS (SPECIAL PROVISIONS) AMENDMENT ACT
2022 (TTARYANA ACT NO. 18 OF 2022).
PART - II ORDINANCES
NIL
PART - III DELEGATED LEGISLATION
NIL
PART - IV CORRECTION SLIPS, REPUBLICATIONS AND
REPLACEMENTS
NIL
PAGES
r 0t-104
105-106
t07
(xxii)

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