THE UTTAR PRADESH REGULATION OF PUBLIC RELIGIOUS BUILDINGS AND PLACES BILL, 2000

  Here is the text of the draconian Bill through which the BJP government of UP, in fact wants to gag the religious activities of the minorities. The Bill was brought about when the Chief Minister of UP and other RSS leaders started alleging that all mosques and madarsas (religious schools) on Indo-Nepal border had turned into centres of the ISI (Pakistani intelligence outfit). On the face of it the Bill looks like to be neutral. However, the bureaucracy under the diktats of the Hindu Right is bound to apply this law only on minorities. The ruling RSS brass has openly said that it is the only aim behind this law.  In fact, in Gujarat already the bureaucracy has been disallowing the renovation or construction of churches and mosques even without this law.

  Thanks to Mr. John Dayal 0f Centre for Policy Research and Communications, New Delhi, India, for making the text avaialable on the net.
 

FOLLOWING IS THE FULL TEXT OF THE OFFICIAL ENGLISH VERSION OF THE UTTAR PRADESH REGULATION OF PUBLIC RELIGIOUS BUILDINGS AND PLACES BILL ,2000 AS PASSED BY THE UTTAR PRADESH LEGISLATIVE ASSEMBLY ON 4 JANUARY 2000 AND THE STATE LEGISLATIVE COUNCIL ON 6 JANUARY 2000.

THE UTTAR PRADESH REGULATION OF PUBLIC RELIGIOUS BUILDINGS AND PLACES BILL, 2000

A BILL TO REGULATE THE USE OF A BUILDING AS PUBLIC RELIGIOUS BUILDING AND THE USE OF A PLACE AS PUBLIC RELIGIOUS PLACE OR FOR THE CONSTRUCTION OF A PUBLIC RELIGIOUS BUILDING AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

IT IS HEREBY ENACTED IN THE FIFTIETH YEAR OF THE REPUBLIC OF INDIA AS FOLLOWS: -

SHORT TILE EXTENT AND COMMENCEMENT

1. (1) THIS ACT MAY BE CALLED THE UTTAR PRADESH REGULATION OF PUBLIC
RELIGIOUS BUILDINGS AND PLACES ACT, 2000.

 (2) IT EXTENDS TO THE WHOLE OF UTTAR PRADESH.

 (3) IT SHALL COME INTO FORCE ON SUCH DATE AS THE STATE GOVERNMENT MAY, BY NOTIFICATION APPOINT IN THIS BEHALF.

DEFINITIONS

2. IN THIS ACT: -
(a) "BUILDING" INCLUDES;
(i) any structure or enclosure, whether rooted or not, constructed or created with any building material whatsoever;
(ii) any part of a building such as walls, varandahs, platforms, plinths, doors, windows material whatsoever;
(iii) a tent, or other like portable or temporary structure;
(b)"construction' includes expansion, conversion or reconstruction of a building;
(c)"place" means any open space not covered by or included in a building;
(d)"public religious building" means a building, by whatever name described, used or intended to be used or dedicated for being used, generally by any religious denomination or section thereof as of right for performing religious worship or for carrying on any activity pertaining to the matter of religion or for the purpose of religious instructions, or offering prayers which includes bhajan, kirtan, stuti and namaz or performance of any religious rites by persons of, or belonging to, any religion, creed, sect or class, such as a temple, mosque, gurudwara, church, chhattri, dargah, mazar, khangah, matha, takiya or the like, and "public religious place" shall mutatis mutandis be construed constructed accordingly and shall also include a burial ground or a cremation ground or such other like place as may be notified by the state government from time to time.

REGULATION OF USE OF BUILDINGS AND PLACES FOR RELIGIOUS PURPOSES
No building or place, not already used as a public religious building or public religious building or public religious place before the commencement of this act, shall, after such commencement, be used as public religious building or as public religious place, or for the construction of a public religious place, or for the construction of a public religious building except in accordance with the provisions of this act.
Explanation - Nothing in this section shall be decual to prohibit the use of a building or place or a function in connection with birth, marriage or death of an individual or the taking out of a procession in connection with the performance of and religious rite or ceremony.

APPLICATION FOR PERMISSION

4. Any person intending to use a building as public religious building or a place as public religious place or for the construction of a public religious building shall make an application therefore to the district magistrate in the manner prescribed.

PROCEDURE TO BE FOLLOWED BY THE DISTRICT MAGISTRATE

5. On receipt of an application under section 4, the district magistrate may, after making such inquiry as he may deem necessary, by order in writing, grant the permission, unconditionally, or with such conditions as to security or otherwise as he may consider reasonable in the circumstances of the case, or refuse the permission, applied for:
Provided that no permission shall be granted, if the District Magistrate
is satisfied that:--
(a) It is necessary so to do in the interest of public order, morality and health:
(b) It will interfere with the right of any other religious denomination freely to profess and practice
religion or to manage its own affairs in the matter or religion:
(c) The use of the building or place applied for, is forbidden by any law or is such, as would, if permitted, defeat the provisions of any law.

PREVENTIVE ACTION

6. (1) Whenever the district magistrate on receiving information and on making such inquiry, as he thinks fit, considers that in contravention of the provisions of this Act,-
(a) any building is used, or is likely to be used, as a public religious building:
(b) any place is being used, or is likely to be used, as a public religious place: or
(c) any public religious building, is being, or has been, or is likely to be, constructed:
He may make an order requiring the person concerned to desist from prevent or stop, such activities or to remove the building so constructed, and if he objects so to do, to appear before him at a time and place to be fixed by the order, and show cause why the order should not be made absolute.

(2)The provisions of sections 134,135,136,138 and 142 of the Code of Criminal Procedure, 1973 shall mutatis mutandis apply in respect of a proceeding under this section including the service of order and objections thereto.
(3) Where an order referred to in sub-section (1)has been made absolute, the District Magistrate shall require the person against whom the order was made, to perform the act directed by the order within a time to be fixed by him and if such act is not performed within the time so fixed, the District Magistrate shall cause it to be performed by using such force as may be necessary in the circumstances of the case and may recover from such person the costs of performing it.

APPEAL

7. (1) any person aggrieved by an order of the District Magistrate under section 5 or section 6 may,
within thirty days of the communication of the order to him, appeal to the commissioner.
(2) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a certified copy of the order appealed against and by such fee as may be prescribed.
(3) When an appeal is preferred under this section, the commissioner may stay the enforcement of the order appealed against pending the disposal of the appeal on such conditions as he deems fit.
(4)Every appeal under this section shall be disposed of by the commissioner as expeditiously as possible after giving the appellant and the state a reasonable opportunity of being heard.
(5)The commissioner may pass any order confirming, modifying or reversing
the order appealed against. (6)The provisions of sections 5 and 12 of the limitation act, 1963 shall mutatis mutandis apply in relation to every appeal under this section.

JURISDICTION OF COURTS BARRED

8. An order made under this act by the District Magistrate, or on appeal by the commissioner shall be final and shall not be called in question in any civil court.

DURATION OF PERMISSION UNDER SECTION

9.A permission granted under section 5 shall lapse if no construction permitted thereunder is commenced within one year from the date of communication of the permission to the applicant.

PENALTY

10. Whoever contravenes, or attempts to contravene, or abets the contravention of, any of the provisions of this act, or the rules made thereunder, or any of the conditions of the permission given under section 5, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

REMOVAL OF UNAUTHORISED CONSTRUCTION

11.(1) The court making an order of conviction for an offence punishable under section 10, may order that any construction made in contravention of the provisions of this act, or the rules made thereunder, or any of the conditions of the permission given under section 5, as the case may be, be removed within the time specified in the order and the building or the place be restored to its original condition.--
(2) Where an order made under sub-section (i) is not complied with within the time allowed by the court, the court may, require the district magistrate to cause such compliance through a police officer not below the rank of sub-inspector, at the cost of the defaulter, in such manner as may
be prescribed.

COGNIZANCE OF OFFENCES

12(1) Every offence punishable under this act shall be cognizable.
(2)No court inferior to that of a judicial magistrate of the first class shall try any such offence.

POWER TO MAKE RULES

13. The state government may, by notification, made rules for carrying out the purposes of this act.

STATEMENT OF OBJECTS AND REASONS

With a view to ensuring public order in the state, it has been decided to make a law to regulate the use of a building as public religious building and the use of a place as public religious place or for the construction of a public religious building.

The Uttar Pradesh regulation of public religious buildings and places bill, 2000 is introduced accordingly.

RAM PRAKASH,
Mukhya Mantri.
(Chief Minister)