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Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 67–2022/Ext.]

CHANDIGARH, TUESDAY, APRIL 12, 2022

(CHAITRA 22, 1944 SAKA )

LEGISLATIVE SUPPLEMENT

CONTENTS

PART - I

ACTS

PAGES

THE HARYANA PREVENTION OF UNLAWFUL CONVERSION OF

(HARYANA ACT NO. 16 OF 2022).

101–104

THE HARYANA WATER RESOURCES (CONSERVATION,

REGULATION AND MANAGEMENT) AUTHORITY (AMENDMENT)

ACT, 2022 (HARYANA ACT NO. 17 OF 2022).

105–106

THE HARYANA LAWS (SPECIAL PROVISIONS) AMENDMENT ACT,

2022 (HARYANA ACT NO. 18 OF 2022).

107

PART - II

ORDINANCES

NIL

PART - III

DELEGATED LEGISLATION

NIL

PART - IV

CORRECTION SLIPS, REPUBLICATIONS AND

REPLACEMENTS

NIL

HARYANA GOVT. GAZ. (EXTRA.), APR. 12, 2022 (CHTR. 22, 1944 SAKA)

101

PART - I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 12th April, 2022

No. Leg. 16/2022.— 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

THE HARYANA PREVENTION OF UNLAWFUL CONVERSION OF RELIGION

ACT, 2022

ACT

to provide for prevention of unlawful conversion from one religion to another by

misrepresentation, use of force, threat, undue influence, coercion, allurement or by any

fraudulent means or by marriage or for marriage and for 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)

This Act may be called the Haryana Prevention of Unlawful Conversion of

Religion Act, 2022.

(2)

It shall come into force on such date, as the Government may, by notification in the

Official Gazette, appoint.

Short title and

commencement.

(1)

In this Act, unless the context otherwise requires,-

(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 of a person;

(d)

―digital mode‖ means and includes,-

(I)

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 by

others within the system;

(II) 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;

Definitions.

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HARYANA GOVT. GAZ. (EXTRA.), APR. 12, 2022 (CHTR. 22, 1944 SAKA)

(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;

(f)

―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

administrative department;

(h)

―minor‖ shall have the same meaning as assigned to it in clause (f) of section 2

of the Prohibition of Child Marriage Act, 2006 (Central Act 6 of 2007);

(i)

―prescribed‖ means prescribed by the rules made under this Act;

(j)

―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

Government 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 his fiduciary 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 21 of 2000), shall have the

meanings respectively assigned to them in that Act.

Conversion of

religion.

No person shall–

(a)

convert or attempt to convert, either directly or otherwise, any other person from

one religion to another-

(i)

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.

Cognizance of

offence.

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.

Marriage by

concealment.

Any marriage solemnized in contravention of clause (c) of section 3 shall be null and void.

Jurisdiction of

Court.

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.

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 ancestors, the mother.

Right to

inheritance.

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 party and to a minor child born in the

marriage so declared null and void, in such manner, as may be prescribed.

Right to

maintenance.

(1)

Any person who intends to convert shall submit a declaration to that effect, prior to

such conversion, to the District Magistrate stating his intention to convert out of his own free 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

organized 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 shall contravene the provisions of section 3.

(5)

If any objection is received by the District Magistrate under sub-section (4) within

stipulated time then he shall verify 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 (1) and (2) shall be deemed to be

unlawful and ineffective.

Declaration before

conversion of

religion.

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 concerned 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.

Appeal.

11.

Any conversion in contravention of the provisions of this Act shall be null and void.

Conversion to be

null and void.

12.

(1)

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.

Punishment for

contravention of

provisions of Act.

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HARYANA GOVT. GAZ. (EXTRA.), APR. 12, 2022 (CHTR. 22, 1944 SAKA)

(2)

Whoever intends to marry a person 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 with

imprisonment for a term which shall not be less than four years which may extend to ten years

and shall also be liable to fine 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 four lac rupees:

Explanation.— Mass conversion for the purposes of this sub-section means a conversion

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 five years

and shall also be liable to fine which shall not be less than two lac rupees:

Provided that in case of a second or subsequent offence 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.

Punishment for

violation of

provisions of Act

by an institution

or organization.

13.

(1)

Where any institution or organization violates any provisions of this Act, the

person in-charge of the affairs of such institution or organization, as the case may be, indulged in

such violation shall be liable for punishment as provided under section 12, as the case may be.

(2)

Where any institution or organization is found guilty under sub-section (1), 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 organization.

Order to pay

compensation.

14.

The Court may order to pay compensation as per the provisions of section 357 of the Code

of Criminal Procedure, 1973 (Central Act 2 of 1974).

Burden of proof.

15.

The burden of proof shall lie on the accused in case of violation of any of the provision of

this Act.

Offence to be

cognizable, non-

bailable and

triable by Court of

Session.

16.

(1)

Every offence committed under this Act shall be cognizable, non-bailable and

triable by the Court of Session.

(2)

While trying an offence under this Act, the Court of Session may also try an offence

arising out of same incident, other than the offence under this Act, with which the accused may be

charged under any other law for the said incident.

Investigation.

17.

No police officer other than the special officer shall investigate any offence under this Act.

Power to remove

difficulty.

18.

(1)

If any difficulty arises in giving effect to the provisions of this Act, the Government

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 for removing such difficulty:

Provided that no such order shall be made after the expiry of a period of two years

from 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

before the State Legislature.

Power to make

rules.

19.

(1)

The Government may, by notification in the Official Gazette, make rules for

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,

before the House of the State Legislature, while it is in session.

BIMLESH TANWAR,

Administrative Secretary to Government,

Haryana, Law and Legislative Department.

9558—L.R.—H.G.P., Pkl.