RUHI BOOKS

The following is the authoritative text in English Language of the Ordinance promulgated by the Governor on the 22nd May, 2007 being published under article 348 (3) of the Constitution of India for general information:-

Andhra Pradesh Ordinance 3 of 2007.

Promulgated by the Governor in the Fifty-eighth Year of the Republic of India.

An Ordinance empowering the state to prohibit propagation of religion in places of worship or prayer other than the religion traditionally practiced at such place and the matters connected therewith or incidental thereto.
Whereas, the founding fathers of our Republic had envisaged a polity that gave each citizen in our Country the right to profess, practice and propagate religion of his or her choice; and this is the foundation of our Pluralist Society;
And whereas, the fundamental right is circumscribed by the overarching concern to maintain public order, morality, and health;
And whereas, the right to profess, practice and propagate religion is voluntary without any element of coercion;
And whereas, if an activity of any individual or group of individuals is likely to adversely to impact public order, it needs to be curbed and reasonable restrictions can be placed on such activities;
And whereas, in recent past, there have been number of instances where propagation of religious tenets in places of worship or prayer of one religious group by others has deeply hurt sentiments, disturbing peace and tranquillity of that area;
And whereas, such incidents were reported from the world-renowned, ancient temple like Tirumala, and there were strong protests;
And whereas, the Government perceived these as unwarranted intrusion into one religious group's domain which potentially could disturb public order;
And whereas, the Constitution of our Country guarantees to all citizens an equal entitlement to freedom of conscience and this recognition of individual freedom and the spirit of mutual respect and coexistence among various religious denominations is the bedrock of our Country's ideological framework enshrined in the Constitution;
And whereas, the State Government intends to bring an Ordinance to prohibit the propagation of other religions in certain notified places of worship belonging to any particular religion mainly to ensure that the sentiments of that religious group are not hurt and public order is not disturbed;
And whereas, the Legislature of the State is not now in session and the Governor of Andhra Pradesh is satisfied that circumstances exist which render it necessary for him to take immediate action;

Now, therefore, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor hereby promulgates the following Ordinance.

1. Short title, extent and commencement.
(1)      This Ordinance may be called the Andhra Pradesh Propagation of other religion in the places of worship or prayer (Prohibition) Ordinance, 2007.
(2)      It extends to the whole of the State of Andhra Pradesh.
(3)      It shall come into force at once.


2. Prohibition of propagation of religion in places of worship etc.
(1)      The Government with a view to maintain public order, tranquillity and serenity of a place of worship or prayer, prohibit propagation of a religion other than the religion traditionally practiced at such place, by words, either spoken or written or signs or by visible representation or distribute any printed material or other forms of religious literature.
(2)      The Government by order shall notify such places of worship or prayer from time to time.

3. Offences and penalties.
Whoever contravenes the provisions contained in section 2 shall be punished with imprisonment which may extend to three years or with fine up to Rs.5,000/- (Rupees five thousand) or with both.

4. Placing order before the Legislature.
Every order passed by the State Government under section 2 shall as soon as it is made be laid before the Legislature of the State.

RAMESHWAR THAKUR,
Governor of Andhra Pradesh.

T. MADAN MOHAN REDDY,
Secretary to Government,
Legislative Affairs & Justice,
Law Department. 



Arunachal Pradesh Freedom of Religion Act, 1978, Act 4 of 1978

An Act to provide for prohibition of conversion from one religious faith to any other religious faith by use of force or inducement or by fraudulent means and for matters connected therewith.

Be it enacted by the Legislative Assembly of Arunachal Pradesh in the Twenty Ninth Year of the Republic of India as follows:

1. Short title, extent and commencement
(1)      This Act may be called the Arunachal Pradesh Freedom of Religion Act, 1978.
(2)      It extends to the whole of the Union Territory of Arunachal Pradesh.
(3)      It shall come into force at once.

2. Definitions
In this Act, unless the context otherwise requires:
(a)      "government" means the Government of the Union Territory of Arunachal Pradesh.
(b)      "conversion" means renouncing one religious faith and adopting another religious faith, and "convert" shall be construed accordingly;
(c)      "indigenous faith" means such religions, beliefs and practices including rites, rituals, festivals, observances, performances, abstinence, customs as have been found sanctioned, approved, performed by the indigenous communities of Arunachal Pradesh from the time these communities have been known and includes Buddhism as prevalent among Monpas, Menbas, Sherdukpens, Khambas, Khamtis and Singaphoos, Vaishnavism as practised by Noctes, Akas, and Nature worships including worships of Donyi-Polo, as prevalent among other indigenous communities of Arunachal Pradesh;
(d)      "force" shall include show of force or a threat of injury of any kind including threat of divine displeasure or social excommunication;
(e)      "fraud" shall include misrepresentation or any other fraudulent contrivance;
(f)      "inducement" shall include the offer of any gift or gratification, either cash or in kind and shall also include the grant of any benefit, either pecuniary or otherwise.
(g)      "prescribed" means prescribed under the rules;
(h)      "religious faith" includes any indigenous faith.

3. Prohibition of forcible conversion
No person shall convert or attempt to convert, either directly or otherwise, any person from one religious faith to any other religious faith by the use of force or by inducement or by any fraudulent means nor shall any person abet any such conversion.

4. Punishment for contravention of the provisions of Section 3
Any person contravening the provisions contained in section 3 shall, without prejudice to any civil liability, be punishable with Imprisonment to the extent of two years and fine up to ten thousand rupees.

5. Intimation of conversion to the Deputy Commissioner and punishment
(1)      Whoever converts any person from his one religious faith to any other religious faith either by performing himself the ceremony necessary for such conversion as a religious priest or by taking part directly or indirectly in such ceremony shall, within such period after the ceremony as may be prescribed, send an intimation to the Deputy Commissioner of the District to which the person converted belongs, of the fact of such conversion in such form as may be prescribed.

(2)      If any person fails without sufficient cause to comply with the provisions contained in sub-section (1), he shall be punished with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both.

6. Offences cognizable
An offence under this Act shall be cognizable and shall not be investigated by an officer below the rank of an Inspector of Police.

7. Sanction for prosecution
No prosecution for an offence under the Act shall be instituted except by or with the previous sanction of the Deputy Commissioner or such other authority, not below the rank of an Extra Assistant Commissioner as may be authorised by him in his behalf.

8. Power to make rules
The Government may make rules for the purpose of carrying out the provisions of this Act. 

Chhattisgarh Freedom of Religion (Amendment) Act, 2006
Act 18 of 2006
A bill to further amend the Chhattisgarh Dharma Swantantraya Adhiniyam [Freedom of Religion] Act, 1968 (No. 27 of 1968).

Be  it  enacted by the  Chhattisgarh  Legislature  in  the  Fifty-Seventh  year  of  the Republic  of India  as follows:

1. Short title and Commencement
(1)      This Act may be called the Chattisgarh Dharma Swantantraya (Amendment) Adhiniyam, 2006.
(2)      It shall come into force from the date of its publication in the Official Gazette.

2. Amendment of section 2.
After sub-section (b) of Section-2 of the Chhattisgarh Dharma Swantantraya Adhiniyam, 1968 (No. 27 of 1968) (hereinafter referred to as the Principal Act), the following proviso shall be added, namely:
"Provided that the return in ancestor's original religion or his own original religion by any person shall not be construed as 'conversion'."

3. Amendment of Section 4.
In Section 4 of the Principal Act,-
(1)      For the words 'one year' the words 'three years' and for the words 'five thousand' the words 'twenty thousand' shall be substituted.
(2)      In proviso for the words 'two years' the words 'four years' and for the words 'ten thousand' the words 'twenty thousand' shall be substituted.

4. Amendment of Section 5.
For Section 5 of the Principal Act, the following section shall be substituted, namely:-
5. Prior permission, contravension and punishment
(1)      Whoever intends to convert any person from one religious faith to another either by performing himself the ceremony necessary for such conversion as a religious priest or by taking part directly or indirectly in such ceremony, shall apply for permission at least thirty days before the intended date of such conversion, to the District Magistrate in whose jurisdiction the ceremony is intended to be performed, in such form, as may be prescribed.
(2)      The District Magistrate may after inquiry, by an order, permit or refuse to permit any person to convert, any person, from one religious faith to another and such permission shall be valid for two months from the date of its order.
(3)      Any person aggrieved by the order passed under Sub-section (2) may appeal, within thirty days from the date of the order to the District Judge whose decision shall be final.
(4)      The person so permitted by the District Magistrate under the provision of sub- section (2) shall intimate within one month from date of the ceremony to such District Magistrate, of the fact of such conversion, in such form, as may be prescribed.
(5)      Whoever converts any person in contravention of the provisions of sub-section (2) shall be punished with imprisonment for term which may extend to three years and shall also be liable to fine which may extend to twenty thousand rupees.
(6)      Whoever, does anything in contravention of the provisions of sub-section (4) shall be punished with imprisonment of either description for a term which may extend to one year and also with fine which may extend to ten thousand rupees.

5. Addition of New Sections 5-A, 5-B, 5-C
After Section 5 of the Principal Act, the following shall be added, namely:

"5-A Punishment for attempt to commit offences
Whoever attempts to commit any offence punishable under this Act or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punished with the punishment provided for the offence.

5-B Bar of Jurisdiction
No Civil Court shall entertain any suit or proceeding against any decision made or order passed by any officer or authority under the Act or any rule made thereunder.

5-C Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the State Government or any other person exercising any powers or discharging any functions or performing any duties under this Act, for anything done in good faith or intended to be done under the Act or any rule made thereunder."
6. Amendment of Section 6.
For Section 6 of the Principal Act, the following Section shall be substituted, namely:

6. Offences to be cognizable
(1)      Every offence punishable under this Act shall be cognizable;

(2)      No person accused of an offence punishable under this Act shall be released on bail or on his own bond unless, the Public Prosecutor has been given an opportunity to oppose the application for such release. 


Gujarat Freedom of Religion Act, 2003
Act 24 of 2003 Note: the amendment refers to this Act as 22 of 2003 and the discrepancy isn't explained.

An Act to provide for freedom of religion by prohibition of conversion from one religion to another by the use of force or allurement or by fraudulent means and for the matters incidental thereto.

It is hereby enacted in the Fifty-fourth Year of the Republic of India as follows:

1. Short title and commencement
(1) This Act may be called the Gujarat Freedom of Religion Act, 2003.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions
In this Act, unless the context otherwise requires:
(a) "Allurement" means offer of any temptation in the form of:
(i) any gift or gratification, either in cash or kind;
(ii) grant of any material benefit, either monetary or otherwise;
(b) "Convert" means to make one person to renounce one religion and adopt another religion;
(c) "Force" includes a show of force or a threat of injury of any kind including a threat of divine displeasure or social excommunication;
(d) "Fraudulent means" includes misrepresentation or any other fraudulent contrivance;
(e) "Minor" means a person under eighteen years of age.

3. Prohibition of forcible conversion
No person shall convert or attempt to convert, either directly or otherwise, any person from one religion to another by use of force or by allurement or by any fraudulent means nor shall any person abet such conversion.

4. Punishment for contravention of provisions of Section 3
Whoever contravenes the provision of Section 3 shall, without prejudice to any civil liability, be punished with imprisonment for a term, which may extend to three years and also be liable to a fine, which may extend to rupees fifty thousand:

Provided that whoever contravenes the provisions of section 3 in respect of a minor, a woman or a person belonging to the Scheduled Caste or Scheduled Tribe shall be punished with imprisonment for a term which may extend to four years and also be liable to a fine which may extend to rupees one lakh [one hundred thousand].

5. Prior permission to be taken from District Magistrate with respect to conversion (1) Whoever converts any person from one religion to another either by performing any ceremony by himself for such conversion as a religious priest or takes part directly or indirectly in such ceremony shall take prior permission for such proposed conversion from the District Magistrate concerned by applying in such form as may be prescribed by rules.
(2) The person who is converted shall send an intimation to the District Magistrate of the District concerned in which the ceremony has taken place of the fact of such conversion within such period and in such form as may be prescribed by rules.
(3) Whoever fails, without sufficient cause, to comply with the provisions of sub-sections
(1) and (2) shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to rupees one thousand or with both.

6. Prosecution to be made with the sanction of District Magistrate
No prosecution for an offence under this Act shall be instituted except by or with the previous sanction of the District Magistrate or such other authority not below the rank of a Sub-Divisional Magistrate as may be authorised by him in that behalf.

7. Offence to be cognizable
An offence under this Act will be cognizable and shall not be investigated by an officer below the rank of a Police Inspector;

8. Power to make rules
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
(3) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

STATEMENT OF OBJECTS AND REASONS

Reports have been received by the Government that conversions from one religion to another are made by use of force or allurement or by fraudulent means. Bringing in a legislation to prohibit such conversions will act as a deterrent against the anti-social and vested interest groups exploiting the innocent people belong to depressed classes and will enable people to practice their own religion freely. It will also be useful to maintain public order and to nip in the bud the attempts by certain subversive forces to create social tension. The Government has, therefore, decided to enact a law to prevent conversion of religion by use of force or allurement or by fraudulent means.

This Bill seeks to achieve the aforesaid object.

AMIT SHAH
MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves delegation of legislative powers in the following respects.

Clause 1. - Sub-clause (2) of this clause empowers the State Government to appoint, by notification in the Official Gazette, the date on which the Act shall come into force.

Clause 5. - (i) Sub-clause (1) of this clause empowers the State Government to prescribe by rules, the form in which prior permission under this sub-clause is required to be taken;

(ii) sub-clause (2) of this clause empowers the State Government to prescribe by rules, the form and the time limit within which the person converted is required to give intimation under this sub-clause

Clause 8. -
Sub-clause (1) of this clause empowers the State Government to make rules for the purpose of carrying out the provisions of the Act.
The delegation of legislative powers as aforesaid is necessary and is of a normal character.
Dated the 11 th March, 2003
AMIT SHAH.


Gujarat Freedom of Religion (Amendment) Bill, 2006
Act 30 of 2006
A bill to further amend the Gujarat Freedom of Religion Act, 2003.

It is hereby enacted in the Fifty-seventh Year of the Republic of India as follows:

1. Short title and commencement
(1) This Act may be called the Gujarat Freedom of Religion (Amendment)Act, 2006.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Amendment of section 2 of Gujarat 22 of 2003
In the Gujarat Freedom of Religion Act, 2003, in Section 2, for clause (b), the following shall be substituted, namely:

"(b) "Convert" means to make one person to renounce one religion and adopt another religion; but does not include to make one person to renounce one denomination and adopt another denomination of the same religion.

Explanation: For removal of doubt, it is hereby illustrated that for the purpose of this Act:
(i) Jain and Buddhist shall be construed as denominations of Hindu religion;
(ii) Shia and Sunni shall be construed as denominations of Muslim religion; and
(iii) Catholic and Protestant shall be construed as denominations of Christian religion."

STATEMENT OF OBJECTS AND REASONS

Clause (b) of Section 2 of the Gujarat Freedom of Religion Act, 2003 defines the term "convert".
The said definition does not elaborate the specific mention of a particular denomination of religion. It is considered that conversion amongst the inter denomination of the same religion should be excluded from the operation of the Act. It is, therefore, considered necessary to elaborate and clarify the term "convert" to make it more specific.

Accordingly, the term "convert" in clause (b) of Section 2 of the Act is proposed to be amended to elaborate the said term so as to clarify illustratively that Jain and Buddhist shall be construed as denominations of Hindu religion, Shia and Sunni shall be construed as denominations of Muslim religion and Catholic and Protestant shall be construed as denominations of Christian religion for the purpose of the Act and the provisions of the Act shall not apply to inter-denomination conversion of the same religion.

This Bill seeks to amend the said Act to achieve the aforesaid object.

Amit Shah

MEMORANDUM REGARDING DELEGATED LEGISLATION

This Bill provides for delegation of legislative power in the following respects:
Clause 1:
Sub clause (2) of this clause empowers the State Government to appoint by notification in the Official Gazette, the date on which the Act shall come into force.

The delegation of legislative power as aforesaid is necessary and is of a normal character.

Dated the 13th September, 2006
Amit Shah





The Himachal Pradesh Freedom of Religion Bill, 2006
Act 31 of 2006
 
A bill to provide for prohibition of conversion from one religion to another by the use of force or inducement or by fraudulent means and for matters connected therewith or incidental thereto.

Be it enacted by the Legislative Assembly of the State of Himachal Pradesh in the Fifty-seventh year of the Republic of India, as follows:

1. Short Title
This Act may be called the Himachal Pradesh Freedom of Religion Act, 2006.

2. Definitions
In this Act, unless the context otherwise requires
(a) "conversion" means renouncing one religion and adopting another;
(b) "force" shall include show of force or threat of injury or threat of divine displeasure or social ex-communication;
(c) "fraud" shall include misrepresentation or any other fraudulent contrivance;
(d) "inducement" shall include the offer of any gift or gratification, either in cash or in kind or grant of any benefit either pecuniary or otherwise; and
(e) "minor" means a person under eighteen years of age.

3. Prohibition of forcible conversion
No person shall convert or attempt to convert, either directly or otherwise, any person from one religion to another by the use of force or by inducement or by any other fraudulent means nor shall any person abet any such conversion:

Provided at any person who has been converted from one religion to another, in contravention of the provisions of this section, shall be deemed not to have been converted.

4. Notice of intention
(1) A person intending to convert from one religion to another shall give prior notice of at least thirty days to the District Magistrate of the district concerned of his intention to do so and the District Magistrate shall get the matter enquired into all by such agency as he may deem fit:
Provided that no notice shall be required if a person reverts back to his original religion.
(2) Any person who fails to give prior notice, as required under sub-section (1), shall be punishable with fine which may extend to one thousand rupees.

5. Punishment for contravention of the provision of section 3
Any person contravening the provisions contained in section 3 shall, without prejudice to any civil liability, be punishable with imprisonment of either description which may extend to two years or with fine may extend to twenty five thousand rupees or with both:

Provided that in case the offence is committed in respect of a minor, a woman or a person belonging to Scheduled Caste or Scheduled Tribes, the punishment of imprisonment may extend to three years and fine may extend to fifty thousand rupees.

6. Offence to be cognizable
An offence under this Act shall be cognizable and shall not be investigated by an officer below the rank of an Inspector of Police.

7. Prosecution to be made with the sanction of District Magistrate
No prosecution for an offence under this Act shall be made without the sanction of the District Magistrate or such other authority, not below the rank of a Sub-Divisional Officer, as may be authorized by him in that behalf.

8. Power to make rules
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Every rule made under the Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of ten days, which may be comprised in one session or in two or more successive sessions, and if, before expiry of the session in which it is so laid or the successive sessions aforesaid, the Legislative Assembly agrees in making any modification in the rule or agrees that the rules 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. 





Madhya Pradesh Freedom of Religion Act, 1968
Act 27 of 1968
 
An Act to provide for prohibition of conversion from one religion to another by the use of force or allurement or by fraudulent means and for matters incidental thereto.

Be it enacted by the Madhya Pradesh Legislature in the Nineteenth year of the Republic of India as follows: 

Madhya Pradesh Freedom of Religion (Amendment) Act, 2006 *
Act 15 of 2006
(* Unofficial translation by the Hyderabad Translation Bureau, Hyderabad, India, on June 2, 2007)

This may be enacted through the Madhya Pradesh Assembly in the fifty-seventh year of the Indian Republic as under:

I. Short title and commencement.
(1) The short title of this Act is "Madhya Pradesh Freedom of Religion (Amendment) Act, 2006".
(2) This will come into force from the date published in Gazette.

II. Re-enforcement of section 5.
The following section may be enforced in the place of Section 5 of the Madhya Pradesh Freedom of Religion Act, 1968 (No. 27 of 1968). (After this, which will be specified with its original Act.) It means: -

"5. Declaration before conversion of religion and pre-report about purification (sanskar)
(1) One who desires to convert his religion, he will declare such idea in front of District Magistrate or in front of the Executive Magistrate specially authorized by District Magistrate of related District, that he wishes to change his religion on his own and at his will and pleasure.
(2) The related religious priest, who directly or indirectly participates in such religious conversion and performs himself necessary purification (sanskar) desires any person for the conversion of his religion from one to another will give the details of the related religion's purification ceremony in which such conversion takes place along with the date, time, place and the name and address of the person whose religion is going to be changed. This will be given one month before the date of above conversion and such declaration (affidavit) will be given in the prescribed proforma and it will be given by the priest to the concerned District Magistrate in the prescribed manner.
(3) The District Magistrate, after receiving the information under sub-section (1) and (2), will give the details of information pertaining to the proposed religion conversion to the Police Superintendent, who in turn ensures through local investigation if any objections are there with regard to that proposed religion conversion through Bhaar Sadhak officer of respective police station and he will submit its report to the District Magistrate.
(4) Whoever fails to follow the provisions mentioned in sub-section (1) will be penalized with a fine amounting up to rupees one thousand.
(5) Whoever fails to follow the provisions mentioned in sub-section (2) will be imprisoned which may be up to one year or fine up to rupees five thousand or will punished with both."

III. Revision of Section 8.
The section 8 of the original Act may be re-serialized in the form of its sub-section (1) and thus after re-serialization of sub-section (1) the following sub-section may be incorporated. It means: -

"(2) All the Rules framed under this Section will be tabled in the State Legislative Assembly." 
 
STATEMENT OF AIMS AND REASONS

The Madhya Pradesh Freedom of Religion Act, 1968 (No. 27 of 1968) is in vogue since 21st Oct. 1968. It is prohibited to convert anybody forcibly, or by inducement or by using any fraudulent method from one religion to another. Even then, there are no such provisions included in the Act through which some help can be received to find out about the conversion of that religion which come under violation of the Act. In the sub-section (1) of section 5 of the existent Act, there is a provision of submitting a report by the religious priest to the District Magistrate who changes a person from one religion to another after purification ceremony of religion conversion is performed. The person who gets himself converted from one religion into another one, it is not required to produce prior-report (Declaration) before any authorized official. The main purpose of the Act turns futile because of such deficiencies because there is no device to find out and prevent violation of the Act of any religion conversion. Therefore it is proposed to revise the section 5 of above said Act as proper to make provision related to previous report of proposed conversion of religion.

(2) The provision is also included in order to submit the rules on the table of the State Legislative Assembly after the revision properly in section 8.

(3) Hence the bill is submitted.

Nagendra Singh
Bhaarsaadhak member
Bhopal
Date: 17th July 2006

MEMORANDUM PERTAINING TO RE-ENFORCED LAW FRAMING

The empowerment of applying draft and procedure of memorandum pertaining to religion conversion through sub-section (2) of section 5 of part 2 of proposed bill is re-enforced.

This re-enforcement is of a common nature.

Dr. A.K. Payasi
Chief Secretary
M.P. Legislative Assembly 
 






Orissa Freedom of Religion Act, 1967
Act 2 of 1968  
An Act to provide for prohibition of conversion from one religion to another by the use of force or inducement or by fraudulent means and for matters incidental thereto.

Be it enacted by the Legislature of the State of Orissa in the Eighteenth Year of the Republic of India as follows:

1. Short title, extent and commencement
(1) This Act may be called the Orissa Freedom of Religion Act, 1967.
(2) It shall extend to the whole of the State of Orissa.
(3) It shall come into force at once.

2. Definitions
In this Act unless the context otherwise requires:
(a) "conversion" means renouncing one religion and adopting another;
(b) "force" shall include a show of force or a threat for injury of any kind including threat of divine displeasure or social excommunication;
(c) "fraud" shall include misrepresentation or any other fraudulent contrivance;
(d) "inducement" shall include the offer of any gift or gratification, either in cash or in kind and shall also include the grant of any benefit, either pecuniary or otherwise;
(e) "minor" means a person under eighteen years of age.

3. Prohibition of forcible conversion
No person shall convert or attempt to convert, either directly or otherwise, any person from one religious faith to another by the use of force or by inducement or by any fraudulent means nor shall any person abet any such conversion.

4. Punishment for contravention of the provisions of Section 3
Any person contravening the provisions contained in Section 3 shall, without prejudice to any civil liability, be punishable with imprisonment of either description which may extend to one year or with fine which may extend to five thousand rupees or with both;

Provided that in case the offence is committed in respect of a minor, a woman or a person belonging to the Scheduled Castes or Scheduled Tribes the punishment shall be imprisonment to the extent of two years and fine up to ten thousand rupees.

5. Offence to be cognizable
An offence under this Act shall be cognizable and shall not be investigated by an officer below the rank of an Inspector of Police.

6. Prosecution to be made with the sanction of District Magistrate
No prosecution for an offence under this Act shall be made without the sanction of the Magistrate of the District or such other authority, not below the rank of a Sub-divisional Officer, as may be authorised by him in that behalf.

7. Power to make rules
The State Government may make rules for the purpose of carrying out the provisions of this Act.

 
Orissa Freedom of Religion Rules, 1989

In exercise of the powers conferred by Section 7 of the Orissa Freedom of Religion Act, 1967 (Orissa Act 2 of 1968), the State Government of Orissa, do hereby make the following rules, namely:

1. Short title
(1) These rules may be called the Orissa Freedom of Religion Rules, 1989.
(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 Orissa Freedom of Religion Act, 1967 (Orissa Act 2 of 1968);
(b) "Organisation" means a body of persons authorised by religious institutions who expound spiritual thoughts of different religions inside and outside the country;
(c) "Form" means form appended to these rules;
(d) "Government" means Government of Orissa;
(e) "Religious institutions" mean different religious authorities, who expound religious thoughts in the country and abroad;
(f) "State" means State of Orissa.
(2) All other words and expressions used but not defined in these rules shall have the same meaning as is respectively assigned in the Act.

3. List of religious institutions and organisations
(i) Each District Magistrate shall maintain a list of religious institutions or organisations propagating religious faith in his district and that of persons directly or indirectly engaged for propagation of religious faith in the district.
(ii) The District Magistrate, if he thinks fit, may call for a list of persons with the religious faith, receiving benefits either in case or in kind from the religious organisations or institutions or from any person connected therewith.

4. Declaration before conversion
Any person intending to convert his religion, shall give a declaration before a Magistrate, 1st Class, having jurisdiction prior to such conversion that he intends to convert his religion on his own will.

5. Intimation of ceremony
(1) The concerned religious priest shall intimate the date, time and place of the ceremony in which conversion shall be made along with the names and addresses of the persons to be converted to the concerned District Magistrate before fifteen days of the said ceremony.
(2) The intimation shall be in Form 'A' and shall be delivered either personally by the priest, to the concerned District Magistrate or be sent to him by registered post with acknowledgment due.
(3) On receiving the intimation under sub-rule (2), the District Magistrate shall inform the concerned Superintendent of Police in detail who shall pass on the information to the concerned Police Station and the Officer-in-charge of the Police Station shall ascertain objection, if any, to the proposed conversion by local inquiry and intimate the same to the District Magistrate.

6. The District Magistrate to issue acknowledgement receipt
The District Magistrate on receiving the intimation from the priest shall sign thereon stating the date
on which and the hour at which the intimation has been delivered to him or received by him and
shall forthwith acknowledge the receipt thereof in Form 'B'.
 
7. Register of conversion
The District Magistrate shall, maintain a register of conversion in Form 'C' and shall enter herein particulars of the intimation received by him.

8. Penalty
Any person who contravenes the provisions of rule 5 or 6 shall be liable to a fine of rupees one thousand.

9. Submission of report to Government
The District Magistrate shall by the 10 th of each month send to the State Government a report of intimations received by him during the preceding month in Form 'D'.
 
 
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 the necessary ceremony for conversion of Shri
____________ S/o ____________ R/O ____________ from ____________ religious faith
to ____________ religious faith, do hereby, give intimation of the conversion as required by
sub-rule (1) of Rule 5 of the Orissa Freedom of Religion Rules, 1989 as follows:-
1.
2.
3.
4.
5
6.
7.
8.
9.
Name of the person to be converted ____________
Name of the Father of the person to be converted ____________
Address of the person to be converted in full: ____________
House No. __Ward No. __
Mohalla _______
Village _______
Tahsil ________
District ________
Age ________
Sex ________
Occupation and monthly income of the person to be converted ____________
Whether married or unmarried ____________
Name of persons, if any, dependent upon the person to be converted
____________
If a minor, name and full address of guardian, if any ____________
10. Whether belongs to Scheduled Caste or Scheduled Tribe and if so, Particulars of such
Caste or Tribe ____________
11. Name of the place where the conversion ceremony would take place with full details
House No. __
Ward No. __
Mohalla ____
Village _____
Tahsil _____
District ______
12. Proposed date of conversion ____________
13. Name of person who will perform the conversion ceremony and his/her address
____________
14. Name of at least two persons other than priest/the persons giving intimation
________________________
to remain present at the time of conversion ceremony

Signature of the religious priest/the person
taking part in the conversion ceremony

VERIFICATION
I, the undersigned do hereby declare that the facts and particulars stated above are true to
the best of my knowledge and belief.

Place: ________________________
Date: ________________________
Signature of the Priest: _____________________
 
 
FORM B

Received intimation under Rule 5 of the Orissa Freedom of Religion Rules, 1989 from Sri
____________ S/o ____________ R/o ____________ with respect to conversion of Shri
____________ S/o ____________ R/o ____________ from religious faith ____________ to
religions faith ____________

Date:
District Magistrate ________

FORM C

Register of conversion
1.
2.
3.
4.
5
6.
7.
8.
9.
Name of the person converted ____________
Father's name of the person converted ____________
Address of the person converted in full House No. ________
Ward No. ________
Mohalla _______
Village _______
Tahsil ________
District ________
Age ________
Sex ________
Occupation monthly income of the person converted ____________
Whether married or unmarried ____________
Name of persons, if any, dependent upon the person converted ____________
If a minor, name and full address of guardian, if any ____________
10. Whether belongs to Schedule Caste or Scheduled Tribe and if so,
____________Particulars of such Caste or Tribe.
11. Name of the place whether the conversion ceremony has taken place with full details
House No. __
Ward No. __
Mohalla ____
Village _____
Tahsil _____
District ______
12. Date of conversion ____________
13. Name of person who has performed the conversion ceremony and his address
____________
14. Name of at least two persons other than priest/the persons ____________ giving
intimation present at the time of conversion ceremony

FORM D

Report for the month of ____________
1.
2.
No. of intimations received during the month ____________
Religion-wise intimation ____________ Break up the
Religion from which
converted.
Religion to which
converted.
3.
4.
No. of prosecutions, if any, instituted under the Adhiniyam ________
No. of acquittals and convictions under the Adhiniyam during the month ________

District Magistrate ________



Rajasthan Freedom of Religion Bill, 2006
Act 12 of 2006
 
A Bill to provide for the prohibition of conversion from one religion to another by the use of force or allurement or by fraudulent means and for matters incidental thereto.

Be it enacted by the Rajasthan State Legislature in the Fifty-seventh year of the Republic of India, as follows:

1. Short title, extent and commencement
(1) This Act may be called the Rajasthan Dharma Swatantraya Act, 2006.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.

2. Definitions
In this Act, unless the context otherwise requires,
(a) "Unlawful" means which is in contravention of the provision of this Act;
(b) "Allurement" means offer of any temptation in the form of:
(1) any gift or gratification, either in cash or kind;
(2) grant of any material benefit, either monetary or otherwise;
(c) "Conversion" means renouncing one's own religion and adopting another;
(Explanation: Own religion means [the] religion of one's forefathers);
(d) "Force" includes a show of force or a threat of injury of any kind including threat of divine displeasure or social excommunication;
(e) "Fraudulent" means and includes misrepresentation or any other fraudulent contrivance.

3. Prohibition of conversion
No person shall convert or attempt to convert, either directly or otherwise, any person from one religion to another by use of force or by allurement or by fraudulent means, nor shall any person abet any such conversion.

4. Punishment for contravention of provisions of Section 3
Whoever contravenes the provisions of Section 3 shall, without prejudice to any other civil or criminal liability, be punished with simple imprisonment for a term which shall not be less than two years but which may extend to fifty thousand rupees.

5. Offence to be cognizable and non-bailable
Any offence under this Act shall be cognizable and non-bailable and shall not be investigated by an officer below the rank of Deputy Superintendent of Police.

6. Power to make rules
(1) The State Government may make rules for the purpose of carrying out the provisions of this Act.
(2) All rules made under this Act shall be laid, as soon as may be, after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive session and if, before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such 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 there under.

Statement of Objects and Reasons

It has been observed by the State Government that some religious and other institutions, bodies and individuals are found to be involved in unlawful conversion from one religion to another by allurement or by fraudulent means or forcibly which at times has caused annoyance in the community belonging to other religions. The inter-religion fabric is weakened by such illegal activities and causes law and order problem for the law enforcing achinery of the State.

In order to curb such illegal activities and to maintain harmony amongst persons of various religions it has been considered expedient to enact a special law for the purpose.

This bill seeks to achieve the aforesaid objectives.

Hence the bill.

Gulabchand Kataria
(Minister-in-Charge)


Tamil Nadu Prohibition of Forcible Conversion of Religion Ordinance, 2002
No. 9 of 2002
 
Note: the Ordinance was replaced by an Act (No. 56) later in 2002.

An Ordinance to provide for prohibition of conversion from one religion to another by the use of force of allurement or by fraudulent means and for matters incidental thereto.

Whereas the Legislative Assembly of the State is not in session and the Governor of Tamil Nadu is satisfied that circumstances exist which render it necessary for him to take immediate action for the purposes hereinafter appearing

Now, therefore, in exercise of the powers conferred by clause (I) of Article 213 of the Constitution, the Governor hereby promulgates the following Ordinance:

1. Short title and commencement
(1)      This Ordinance may be called the Tamil Nadu Prohibition of Forcible Conversion of Religion Ordinance, 2002.
(2)      It shall come into force at once.

2. Definitions
In this Ordinance, unless the context otherwise requires:
a) "allurement" means offer of any temptation in the form of:
(1)  any gift or gratification either in cash or kind;
(2)  grant of any material benefit, either monetary or otherwise;
b) "convert" means to make one person to renounce one religion and adopt another religion;
c) "force" includes a show of force of a threat of injury of any kind including threat of divine displeasure or social ex-communication;
d) "fraudulent means" includes misrepresentation of any other fraudulent contrivance;
e) "minor" means a person under eighteen years of age.

3. Prohibition of forcible conversion
No person shall convert or attempt to convert, either directly or otherwise, any person from one religion to another by the use of force or by allurement or by any fraudulent means nor shall any person abet any such conversion.

4. Punishment for contravention of provisions of section 3
Whoever contravenes the provisions of Section 3 shall, without prejudice to any civil liability, be punished with imprisonment for a term which may extend to three years and also be liable to fine which may extend to fifty thousand rupees.

Provided that whoever contravenes the provisions of Section 3 in respect of a minor, a woman or a person belonging to Scheduled Castes or Scheduled Tribes shall be punished with imprisonment for a term which may extend to four years and also be liable to fine which may extend to one lakh [one hundred thousand] rupees.

5. Intimation to be given to District Magistrate with respect to conversion
(1)      Whoever converts any person from one religion to another either by performing any ceremony by himself for such conversion as a religious priest or by taking part directly or indirectly in such ceremony shall, within such period as may be prescribed, send an intimation to the District Magistrate of the district in which the ceremony has taken place of the fact of such conversion in such form as may be prescribed.
(2)      Whoever fails, without sufficient cause, to comply with the provisions of sub-section
(1), shall be punished with imprisonment for a term which may extend to one year or
with fine which may extend to one thousand rupees or with both.

6. Prosecution to be made with the sanction of District Magistrate
No prosecution for an offence under this Ordinance shall be instituted except by or with the previous sanction of the District Magistrate or such other authority, not below the rank of a District Revenue Officer, as may be authorized by him in that behalf.

7. Power to make rules
(1)      The State Government may make rules for the purpose of carrying out the provisions of this Ordinance.
(2)      Every rule made under this Ordinance shall as soon as possible after it is made be place on the table of the Legislative Assembly, and if before the expiry of the session in which it so placed or the next session, the Assembly makes any modification in any such rule or the Assembly decides 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.

5 th October 2002
P. S. RAMAMOHAN RAO
Governor of Tamil Nadu

EXPLANATORY STATEMENT

1. Reports have been received by the Government that conversions from one religion to another are made by use of force or allurement or by fraudulent means. Bringing in a legislation to prohibit such conversions will act as a deterrent against the anti-social and vested interest groups exploiting the innocent people belonging to depressed classes. It may also be useful to nip in the bud the attempts by certain religious fundamentalists and subversive force to create communal tension under the garb of religious conversion. The Government have, therefore decided to enact a law to prevent conversion by use of force or allurement or by fraudulent means.

2. The Ordinance seeks to give effect to the above decision.

(By order of the Governor)
A. Krishnankutty Nair
Secretary to Government,
Law Department.


Tamil Nadu Prohibition of Forcible Conversion of Religion (Repeal) Act, 2002
Act 10 of 2006

An Act to repeal the Tamil Nadu Prohibition of Forcible Conversion of Religion Act, 2002.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-seventh Year of the Republic of India as follows:

1.   Short title and commencement
(1)      This Act may be called the Tamil Nadu Prohibition of Forcible Conversion of Religion (Repeal) Act, 2006.
(2)      It shall be deemed to have come into force on the 18th day of May 2004.

2.   Tamil Nadu Act 56 of 2002
The Tamil Nadu Prohibition of Forcible Conversion of Religion Act, 2002 is hereby repealed.

(By Order of the Governor)
S. Dheenadhayalan,
Secretary to Government-in-charge
Law Department. 



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