(8) ln piirsuance Of the provisions of clause (3) ofArticles 348 Of ``The Constitution of India", the Governor is pleased to order the publication Of the following English translation Of Notification No. 99rvl/2018, Dehradun, dated August 29, 2018 for general information:
NOTIFICATION Miscellaneous August 29, 2018 No. 99/Vlreo18--in exercise of the powers conferred by sub section (1) of section 16 of the Uttarakhand Freedom of Religion Act. 2018 (Act no. 28 of 2018), the Governor is pleased to make fohowing rules for the purposes of prohibition of conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage and to facilitate the matters incidental thereto;
The Uttomkhond Freedoln of Religion Rules, 2018 Short title and I.
Commencement Definitiolls 2.
Notice before 3 conversion (I) These Rules may be called the Uttarakhand Freedom of Religion Rules, 2018.
(2) It shall come into force at once.
(I) In these rules, unless there is anything repugnant in the subject or context :-
(a) `Act" means the Uttarakhand Freedom of Religion Act, 2018;
' (b) `Form' means form appendedto these rules;
(c) `Govemment' means the Uttarakhand State Government;
(dl) `Stote' means State of uttarakhand;
(e) `SectioD' means the section of the Uttaiulchand freedom of religion Act. 2018.
(2) Words and expressions used herein and not defined, but defined in the Act, shall have the same meaning respectively assigned to them in the Act.
(1) Any person domiciled in the State and intending to convert his religion, shall `give a notice to the District Magistrate of the District in which he is pemanently resident, prior to such conversion, in Form `A'.
(2) The District Magistrate shall cause all notices received under subrule (1) to be entered in a Register of Notices and Complaints of conversion in Fom 8, and may within fifteen days from the receipt of said notice, 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 adequate opportunity chall be given to the person giving notice and any other person likely to be prejudicially affected to associate himself with any such enquiry.
IDquiriesinother 4.
Cases Registmtion and S.
Investigation of Case
(9)
(3) On receipt of the application made under sub-rule (1) in Fom A, the Distict Magistrate shall put his signature thereon indicating the date and time of receipt of such application. An acknowledgement for the receipt of the application shall be given in Form `8'.
(1) Where on the basis of any complaint or any information laid before him, the District Mactstrate is of the opinion, for reasons to be recorded that-
(a) Misrepresentation, force, undue influence, coercion, allurement or any fraudulent means or marriage have been used or likely to be used in any conversion within the local linits of his j urisdiction; or 0) A conversion has taken place without notice in contravention of the provisions of this Act, he may cause an inquiry to be made in the matter and proceed in the manner as provided in mle 3,
(2) Every such complaint so received shall be entered in the Register of Notices and Complaints of conversion in Fom `8'.
If after enquiry quder rule 3 or rule 4, as the case may be, the District Magistrate reeords a finding that a conversion, through misrepresentatiori, force, undue influence, coercion, alluement or by any fraudulent means or by marriage has taken place or is likely to take place or done without the requisite notice, he shall enter the particulars of the case in the Register of Forced Conversion in Fom `C' 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.
Sanction for 6. If after investigating the matter, it appears that an offence under Prosecution Submission of 7, report .o the State Government RepeaLment of Regjstmtio n of Institution or ` Organintio+n section 8 has been condtted, the Investigalng Officer shall place all relevant material before the authority empowered under section 9 to grant prosecution sanction and such sanction shall be granted or refused within a period of seven days, giving reasons in writing.
The District Magistrate of the each district in the State sball on the loth of each month send to the State Goverrment a report of intimations received by him in this respect during the preceding month in Forms `D'
8. The provision of conversion given in rule 3,4,5 and 6 shall be applicable, `mutatis mutandis', regarding the registration of the Institution or Organization.
(10) Prohibition of accepting donation or contribution
9. Subject to the section 11 of Act, if any person or Institution or Organization receive any kind of donation or contribution regarding conversion, such domtion or contribution may be forfeite.d by distriet magistrate after such inquiry as he may deem fit and giving reasonable opportunity of hearing and such person or institution or organi2ndon shall be liable for the punishment under sub section (5) and sub section (6) of section 8 of the Act.
Burdenofproof 10. Subject to the section l3 of Act, if any person, priest, institution or organization convervmake conversion from misrepresentation, force, undue influence, coercion, allurement or any.other fraudulent method or by mariage, the burden of proof shall lie on such person who have made the Oforesald conversion and when any person, priest, institution or organization has ensured such conversion then the burden of proof shall lie on such person, priest, instituton or organization.
Elplam'loD To:
Sir, For the purpose of seetion 3 and section 6 of the Act wherever the word `marriage' occurs in the Act, marriage means marriage done as a consequence of co.nversion from one religion to another religion, wliich is done. with the intention of misrepresentation, force, coercion, alluremqut or any other froudulent means , FORM A See rule 3 (I) NOTICE BEFORE CONVERSION FROM ONE RELIGIOUS FAITH T0 ANOTHER \ The District Magistrate, District .................. belonging to Scheduled Caste or Scheduled Tribe or General category intend to convert from .................. religious faith to .................. religious faith and do hereby declare that the said conversion is on my our will and without use of any force or inducement. My date of birth is .................. and I am not a minor.
Place:
Date:
I ,,......,.......... S/o W/o D/o .................. aged .................. R/O Signature of the person intending to convert religion Hm (g:#e¥) REGlsTER OF NOTlcEs ANli cOMPLAms OF cONVERsloN Date Of Name and Father's Name and Age Sex Occupationand Whethermarried orreceipt ofnoticeor address ofthe name full address complaintI Persor]giving Of theperson monthlyIncome of unmarried notlce ormakingcomplaint converting the personconverted 2 3 4 5 6 7 8 Name of [f a minor, Whether Whetherinquiry Date, if Date of Final Resultpersons, jf any,dependentupon i]ane andfuneddies belongs toscheduled referred to proseeutjon conductedorrict,andif Police Stationundersection5,orSeedon4 sanction, if anythe person of the Caste or converted gua[.dian, if scheduled 91 any Tribe and if cond.ucted, (2) (Specify).
SO' findings of particulars the inquiry of such jn brief.
Caste or Tribe.
10 11 12 13 14 151
(12) FORM C (see mule 5) REGlsTER oF FORCED cor`rvERsloN Date of Name and Father's Name and Age Sex Occupation . Whether receipt of' address of name , full address and maried or notice or the person of the monthly unmarried complaint giving Person Income of notice ormakingcomplaint converting the personconverted I 2 3 4 5 6 7 8 Name of lf a minor, Whether Findings Date, if Date of Verdict of persons, if any, name and belongs to of the referred to prosecution court withdependent llpon full address Scheduled tnqu,ry in Police Station sanction, if any datethe person of the Caste or brief under section 5 or reasons for converted guardian, ifany ScheduledTribeand ifSO'particularsofsuchCasteorTribe refusal 9 10 11 12 13 14 15
(13) FO"D (see rule 7) No. of cases No. of notiees / Total No. of No. of inquiries disposed of during No. of cases pending inquiry complaints pending month pending at theat the end ofpreviousmontl` received duringmonth, inquiries end of themonth Filed Sent forregistrationofCase 1 2 3 4(a) 4(b) 5 By Order, DILIP JAWALKAPl, Secretary(Incharge).
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