Advocatetanmoy Law Library

Legal Database and Encyclopedia

Home » CIVIL » The Orissa Freedom of Religion Rules 1989

The Orissa Freedom of Religion Rules 1989

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.

The Orissa Freedom of ReligionReligion ‘The word ‘Religion’ -Re Legion- A group or Collection or a brigade, is a social-cultural construction and Substantially doesn’t exist. Catholic religion is different from Protestant religion. It is not Dharma. Rules, 1989

Published vide Notification Orissa Gazette Extraordinary No. 8/23.2.1990-Notification No.70533-Ref-1-5/87-H.C./29.11.1989

No. 70533-Ref.-1-5/87-H.C. – 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 faithFaith  πίστει. 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 jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. 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, timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) and place of the ceremony in which conversion shall be made alongwith the names and addresses of the persons to be converted to the concerned District Magistrates 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 acknowledgement 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 10th 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
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 intended conversion as required by Sub-rule (1) of Rule 5 of the Orissa Freedom of Religion Rules, 1989 as follows :

1.  Name of the person to be converted………………

2.  Name of the father of the person to be converted…………..

3.  Address of the person to be converted in full……………

House No………………Ward No………….
Mohalla……………….
Village……………….
Tahsil……………….
District……………….

4.  Age…………..

5.  Sex…………..

6.  Occupation and monthly income of the person to be converted……………..

7.  Whether married or unmarried…………….

8.  Name of persons, if any dependant upon the person to be converted………………..

9.  If a minor, name and full address of the 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 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……………….

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, 1939 from Sri…………… S/o……………. R/o…………. with respect to conversion of Shri…………… S/o……………… R/o………….. from religious faith to religious faith.
Date :
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 person converted in full

House No………………….

Ward No…………………..

Mohalla…………………..

Village…………………..

Tahasil…………………..

District………………….

4.  Age …………..
5.  Sex……………..
6.  Occupation monthly income of the person converted………………….
7.  Whether married or unmarried……………….
8.  Name of persons, if any, dependent upon the person converted………..
9.  If a minor, name and full address of the guardian, if any…………..
10.  Whether belongs to Schedule Caste or Schedule 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……………….

Tahasil……………….

District………………

12.  Date of conversion
13.  Name of person who has performed the conversion ceremony and his address.
14.  Names of atleast two persons other than priest/the persons………….. giving intimation present at the conversion ceremony.

Form ‘D’

Report for the month of………………

1.  No. of intimations received during the month…………………
2.  Religion-wise………………..Break up the
Religion from which converted. Religion to which converted.

3.  No. of prosecutions, if any, instituted under the Adhiniyam…………..
4.  No. of acquittals and convictions under the Adhiniyam during the month………….

District Magistrate