THE COMMISSION OF SATI (PREVENTION) RULES, 1988
1. Short title and
commencement.
2. Definitions.
3. Delegation of power to
prohibit certain acts.
4. Prohibitory orders under
Sec. 6, how made.
5. Manner of making order for
removal of temples or structures under sub-section (1) of Sec. 7.
6. Manner of making order for
removal of temples or structures under sub- section (2) of Sec. 7.
7. Inventory and forfeiture
of the property of temple or structure.
THE COMMISSION OF SATI (PREVENTION) RULES,
1988
1. Short title and commencement. -
(1) These rules may be called the Commission of Sati (Prevention)
Rules, 1988.
(2) They shall come into force on the 1[date] of their publication in the Official Gazette.
1. 21st March
1988.
(1) In these rules, unless the context otherwise requires, -
(a) “Act” means the Commission of Sati (Prevention) Act, 1987 (3 of
1988);
(b) “Prohibitory order” means an order issued under Sec. 6;
(c) “Section” means section of the Act.
(2) Words and expressions used but not defined in these rules and
defined in the Act shall have the same meanings as are respectively assigned to
them in the Act.
3. Delegation of power to prohibit certain
acts. -
(1) The State Government may, by order and subject to such
conditions as it may deem fit to impose, direct that the powers of the
Collector or the District Magistrate under Sec. 6 may also be exercised by such
other officers, not below the rank of the village officers.
4. Prohibitory orders under Sec. 6, how
made. -
(1) Every prohibitory order under See. 6 shall be made by beat of drum
or other customary mode, in the concerned village, or in case of town or city,
in the locality in which the act prohibited is likely to occur or has taken
place.
(2) The prohibitory order shall be displayed at some conspicuous
place in the area or areas to which such acts relates and a copy thereof shall
also be displayed in the office of the officer issuing the prohibitory order
and such display shall be taken as a sufficient notice to all persons concerned
in the area or areas to which such order relates.
5. Manner of making order
for removal of temples or structures under sub-section (1) of Sec. 7. -
(1) Before making any order under subsection (1) of Sec. 7 for
removal of any temple or structure, the State Government or any other officer
authorised by the State Government in this behalf, shall give at least ninety
days notice to the person or persons involved in the acts complained of, and
also to the owners and occupiers of the temple or structure proposed to be
removed.
(2) The notice under sub-rule (1) shall specify-
(1) The temple/structure proposed to be removed, its location and
other particulars,
(2) The owners/occupiers of the temple/structure, and
(3) The specific instance or instances or worship or ceremony
contravening the provisions of Sec. 7.
(3) The Government or the officer authorised by the State
Government in this behalf shall, after diving reasonable opportunity of being
heard to the persons specified in the notice, order the removal of the temple
or structure through a police officer not below the rank of the Sub-Inspector.
6. Manner of making order for removal of temples or structures
under sub-section (2) of Sec. 7. -
(1) After issue of a prohibitory order under Sec. 6, the Collector
or the District Magistrate, or such other officer as directed by the State
Government by order under rule 3 shall, before making any order for removal of
any temple or structure under sub-section (2) of Sec. 7, give at least ninety
days' notice to the person or persons involved in the acts complained of, and
also to the owners and occupiers of the temple or structure proposed to be
removed.
(2) The Collector of the District Magistrate, or such other
officer as directed by the State Government by order under rule 3, shall follow
the provisions of sub-rules (2) and (3) of rule 4 in the case of orders made
under this rule.
7. Inventory and forfeiture
of the property of temple or structure. -As soon as the order of
removal of the temple or structure is executed, the State Government or the Collector
or the District Magistrate, or as the case may be, the officer as directed by
the State Government by order under rule 3, shall prepare an inventory of all
the material and other property obtained after removal of such temple or
structure specifying in it the place where it is lodged or kept, and shall
forward the intimation thereof to the Special Court for declaration of
forfeiture of the said material or property to the, State under Sec. 13, if the
Special Court considers it necessary so to do, and shall also give a copy of
the inventory to the owners/occupiers of the temple/structure removed.