LexThe Religious Institutions (Prevention of Misuse) Act, 1988
Jharkhand · state statute
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THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
3 Falgun, 1939 (S)
Ranchi, Thursday, 22 nd February, 201 8
Home, Prison and Disaster Management Department
----------------
Notification
19 February, 2018
No.-08/misc.(01)-53/2017—7295-- Ranchi, Dated-19.12.2017...In exercise of the powe rs
conferred to sub section-8 of the Jharkhand Freedom of Religion Act, 2017 the Governor of the
state of Jharkhand hereby makes the Jharkhand Freedom of Religion Rules, 2017, namely-
1. Short title.
(1) These rules may be called the Jharkhand Freedom of Religion Rules, 2017.
(2) They shall come into force on the date of their publication in the official Gazette.
2. Definitions
(1) In these rules, unless the context otherwise requires,
(a) “Act” means the Jharkhand Freedom of Religion A ct, 2017
(b)“Form” means form appended to these rules;
(c) “Government” means the Government of Jharkhand ; and
(d) “State” means the State of Jharkhand .
(e) “Organization” means a body of persons authoriz ed by religious institutions which
No. 136
Jharkhand Gazette (Extraordinary), Thurs day, 22 nd February , 2018
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expound spiritual thoughts of different religions a nd outside the country;
(f) “Religious Institutions” means different religi ous authorities, which expound
religious thoughts in the country and abroad;
(g) “Investigation” shall have the same meaning as is defined under section 2 (h) of
the Code of Criminal Procedure.
(h) “Victim” means aggrieved person who has been fo rcibly converted from one
religion/religious faith to another religion/religi ous faith by any allurement, force,
fraud, under influence.
(2) All the words and expressions used but not defi ned in these rules shall have the
same meaning as is respectively assigned in the Act .
3. Notice and prior permission before conversion
(1) Whoever / religious priest, converts any person fro m one religion/religions faith to
another shall give a notice to
the District Magistrate of the District in which he is
permanently resident, 15 days prior to such conversion, in Form A attached to the
rule and obtain prior permission before conversion from District Magistrate of the
District in which he is permanently resident.
(2) The District Magistrate shall cause all notices re ceived under sub-rule (1) of rule 3
to be entered in a Register of Notices and get the matter enquired into by such
agency as he may deem fit and record his findings as regards the particulars of notice
given:
Provided that the person giving notice and any othe r person likely to be prejudicially
affected shall be given adequate opportunity to associate hi mself with any such enquiry.
On receipt of the application made under sub-rule ( 1) in Form A, the District
Magistrate shall put his signature thereon indicating the date and t ime of receipt of
such application. An acknowledgement for the receipt of the application shall be
given in Form B.
4. Information after conversion to District Magistrate
(1) The person converted from one religion/religions fa ith to another shall give
intimation to the District Magistrate of the District in which the ce remony of
conversion has taken place of the fact of such conv ersion within seven days of such
conversion, in Form C attached to the rule.
Jharkhand Gazette (Extraordinary), Thurs day, 22 nd February , 2018
3
5. Power of District Magistrate to inspect the record of the religious institutions and
organizations:-
The District Magistrate shall have power to inspect the premises and record of the
religious institutions and organizations at any tim e when ever required or the thinks fit
for such inspection.
6. List of religious institutions and organizations
(1) Each District Magistrate shall maintain a list of r eligious institutions or organizations
propagating religious faith in his/her district and that of persons directly or indirectly
engaged for propagation of religious faith in the district.
(2) The District Magistrate, if he thinks appropriate, may call for a list of persons with
the religious faith, receiving benefits either in c ash or from, from the religious
institutions or organization or from any person concerned therewith.
7. Inquiries in other cases
Where on the basis of any complaint or any informat ion laid before him, the District
Magistrate is
of the opinion, for reasons to be recorded
(a) that force or inducement have been used or is likely to be used in any conversion within
the local limits of his jurisdiction; or
(b) that a conversion has taken place without notic e in contravention of the provisions of
this Act, he may cause an inquiry to be made in the m atter and proceed in the manner
as provided in Rule 3.
Every such complaint so received shall be entered i n the Register of Notices and Complaints
of conversion in Form D.
8. Registration and Investigation of Case.
(1) If after enquiry the District Magistrate records a finding that a conversion has taken
place or is likely to take place through the use of force or inducement or without the
requisite notice, he shall enter the particulars of the case in the Register of Forced
Conversion in Form D and refer the case along with all material adduced during the
course of the enquiry to the Police Station in which the person is resident or where the
conversion is intended or done for registration of a case and its investigation
(2) An offence under this Act shall be investigated by a police officer not below the rank
of Inspector of Police.
(3) The investigating officer so appointed under rule 8 (1) shall complete the
Jharkhand Gazette (Extraordinary), Thurs day, 22 nd February , 2018
4
investigation on top priority and submit charge she et within a period of sixty days.
9. Sanction for Prosecution.
If after investigating the matter, it appears that an offence under this rule has been
committed, the Investigating Officer shall place al l relevant material before the authority
empowered and such sanction shall be granted or refused within a period of 7 days, givin g
reasons in writing.
10. Submission of report to the Government.
The District Magistrate of the each district in the State shall on the 10th of
each month send to the State Government a report of intimations received
by him in this respect during the preceding month in Forms E & F, as the
case may be.
10. Compensation
Any person within the meaning of victim under this rule will be entitled to compensation,
within the meaning of Jharkhand Victim Compensation Scheme, 2016.
By the order of Governor of Jharkhand ]
S.K.G.Rahate,
Principal Secretary to Government.
Jharkhand Gazette (Extraordinary), Thursday, 22 nd February, 2018
5
FORM A
Intimation regarding conversion from one religious faith to another
To,
The District Magistrate,
District_______
Sir,
I, as a religious priest intend to perform n ecessary ceremony for conversion of
Shri __________ son of ________ Resident of villag e/ Muhalla ________, Post Office
______, Police Station_____, District__________ fro m ________religious faith to
_______ religious faith, do hereby, give intimation of conversion as required by sub-
rule of Rule 3(1) of the Jharkhand Freedom of Religious Rules, 2017 as follows:
1. Name of the person to be converted________
2. Name of the father/ husband of the person to be converted_____
3. Address of the person to be converted:
Village/ Muhalla_____
House No._____, Ward No.____
Post Office_______
Police Station_____
District_______
4. Age_____
5. Sex_____
6. Nationality_______
7. Occupation of the person to be converted________
8. Monthly income of the person to be converted_________
9. Whether married or unmarried________
10. If a minor, name and full address of the guardian_____
11. Name of the persons, if any, dependent upon the person to be converted______
12. Whether belongs to Scheduled caste or Scheduled Tribe and if so particulars of
such Caste/ Tribe________
13. Address of the place where the conversion ceremony has to take place_______
14. Proposed date of conversion________
15. Name and address of the person other than the priest who will perform the
conversion ceremony__________________
16. Name and address of at least two persons other than the priest giving intimation
to remain present at the time of conversion ceremony:(a)______________
(b)_____________
Signature of the priest
Verification
I, the undersigned do hereby declare that the fac ts and particulars stated above are
true to the best of my knowledge and belief.
Place:_________
Date:_________
Signature of the priest:______________
Jharkhand Gazette (Extraordinary), Thursday, 22 nd February, 2018
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FORM B
Received intimation under Rule 3(2) of the Jharkh and Freedom of Religion Riles,
2017 from Shri ___________, son of ____________, re sident
of ___________ with respect to conversion of Shri
____________, Son of _____________,resident of
_________from religious faith to religious faith___________.
Dated: Signature
District Magistrate
FORM C
Register of conversion
1. Name of the person to be converted________
2. Name of the father/ husband of the person to be converted_____
3. Address of the person to be converted:
Village/ Muhalla_____
House No._____, Ward No.____
Post Office_______
Police Station_____
District_______
4. Age_____
5. Sex_____
6. Nationality_______
7. Occupation of the person to be converted________
8. Monthly income of the person to be converted_________
9. Whether married or unmarried________
10. If a minor, name and full address of the guardian_____
11. Name of the persons, if any, dependent upon the person to be converted______
12. Whether belongs to Scheduled caste or Scheduled Tribe and if so particulars of
such Caste/ Tribe________
13. Address of the place where the conversion ceremony has to take place_______
14. Proposed date of conversion________
15. Name and address of the person other than the priest who will perform the
conversion ceremony__________________
16. Name and address of at least two persons other than the priest giving intimation
to remain present at the time of conversion ceremony:(a)______________
(b)_____________
Signature of the priest
Verification
I, the undersigned do hereby declare that the fac ts and particulars stated above are
true to the best of my knowledge and belief.
Place:_________
Date:_________
Signature of the priest:______________
Jharkhand Gazette (Extraordinary), Thursday, 22 nd February, 2018
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FORM B
Received intimation under Rule 3(2) of the Jharkh and Freedom of Religion Riles,
2017 from Shri ___________, son of ____________, re sident
of ___________ with respect to conversion of Shri
____________, Son of _____________,resident of
_________from religious faith to religious faith___________.
Dated: Signature
District Magistrate
FORM C
Register of conversion
1. Name of the person converted_________
2. Father’s name of the person converted ___________
3. Address of the persons converted with full details: village______, House No.______, Ward
No._______,Mohalla, Post Office_______, Police Station_______, District_______.
4. Age______
5. Ssex______
6. Occupation and monthly income of the person converted___________
7. Whether married or unmarried___________
8. Name of the person(s), if any, dependent upon the person converted_________
9. In case of minor, name and full address of the guardian___________
10. Whether belongs to Scheduled Case or Scheduled Trib e and if so, particulars of such Caste or
Tribe_____
11. Name and address of the place where conversion has taken place _____________
12. Date of conversion______
13. Name and address of the priest/person who has perf ormed the conversion
ceremony__________
14. Name of at least two persons other than the priest/ the persons giving intimation, present at the
time of conversion ceremony__________
Signature of the converted person
Jharkhand Gazette (Extraordinary), Thursday, 22 nd February, 2018 8
FORM D (see rule 8 & 9)
REGISTER OF FORCED CONVERSION
Da te of
receipt of
notice or
complaint
Name and
address of
the person
giving
notice or
making
complaint
Father’s
name
Name and
full address
of the
person
converting
Age Sex Occupation
and monthly
income of
the person
converted
Whether
married
or un-
married
1 2 3 4 5 6 7 8
Name of
persons, if
any,
dependent
upon the
person
converted
If a minor,
name and
full address
of the
guardian, if
any
Whether
belongs to
Scheduled
Caste or
Scheduled
Tribe and if
so, particulars
of such
Caste or
Tribe
Findings of
the inquiry
in brief
Date , if
referred to
Police Station
under
section 8 &
9
Da te of
prosecution
sanction, if
any or
reasons for
refusal
Verdict of
court with
date
9 10 11 12 13 14 15
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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.
Jharkhand Gazette (Extraordinary) 136 -- 50.