[8
OF 2024] [15th
March 2024] AN ACT to bring
social awakening in the society and to create healthy, science-based knowledge
and safe social environment to protect human health against the evil and
sinister practices thriving on ignorance and ill health of people to eradicate
the non-scientific healing practices with ulterior motives for exploiting the
innocent people and thereby destroying the fiber of the public health of the
society for matters connected therewith or incidental thereto. It is hereby enacted
in the Seventy-fifth Year of the Republic of India as follows:- (1)
This Act may be called the
Assam Healing (Prevention of Evil Practices) Act, 2024. (2)
It extends to the whole of
the State of Assam. (3)
It shall come into force at
once. In the Act, unless
the context otherwise requires - (a)
"evil practices"
means commission of any act of healing practices and magic healing, by any
person, with a sinister motive to exploit common people. (b)
"Government" means
the Government of Assam. (c)
"healing and healing
practices" means a traditional holistic approach to heal body, mind and
spirit of human being with traditional medicine and art, including any system,
treatment, diagnosis, or practice for ascertainment, cure, relief, correction
of any human disease, ailment, deformity, injury or enhancement of a condition
or appearance. (d)
"offender" means
any person who has contravened any of the provisions of this Act or has
committed any act constituting the offence as mentioned in the Act. (e)
"prescribed" means
prescribed in rules framed under the Act. (f)
"victim" means a
person who is grievously harmed or injured physically or mentally or exploited
financially or whose dignity is offended by the commission of an offence under
this Act. Subject to the
provisions of this Act, no person shall take any part in healing practices and
magical healing propagation for treatment of any diseases, any disorder or any
condition relating to the health of a person (relating to human body) directly
or indirectly giving a false impression of treatment to cure diseases, pain or
trouble to the human health. No person shall take
any part in any sort of advertisement relating to any kind of medicine or
remedy directly or indirectly relating to any false claim or misleading to any
particular material. From the commencement
of this Act, commission of any act of inhuman, evil or magical healing or
propagation or promotion of such practices or black magic acts in violation of
the provisions of the Act by any person himself or through other person shall
constitute an offence under the provisions of the Act and person guilty of such
offence shall be punishable. Whoever contravenes
any of the provisions of this Act or the rules made thereunder shall on conviction
be punishable, (a)
in case of first offence,
with imprisonment for one year which may be extend up to three years or with
fine of rupees fifty thousand or with both; (b)
in case of a subsequent
conviction, with imprisonment which may extend upto five years, or with fine of
rupees one lakh or both. Notwithstanding
anything contained in the Code of Criminal Procedure 1973 or the Bharatiya
Nagarik Suraksha Sanhita 2023, an offence punishable under this Act shall be cognizable
and non-bailable. (1)
For the purpose of embracing
the provisions of the Act, a Police Officer not below the rank of Sub-Inspector
shall have the power to enter and inspect any practices within the local limit
of jurisdiction of such person where he has reason to believe that an offence
under this Act has been or is likely to be committed. (2)
Seize any advertisement, for
which they have reason to believe, is in contravention to the provisions of the
Act. (3)
Examine any record,
register, document or any other object found in any place mentioned in
sub-section (1) and seize the same if, he has reason to believe that it may
furnish evidence of the commission of an offence punishable under the Act. (1)
The State Government may by
notification in the Official Gazette and subject to such terms and conditions
as may be specified in the notification, appoint for any one or more police
stations as may be specified in the notification, one or more police officers
to be known as the vigilance officer: Provided that such
officer shall not be below the rank of the Sub-Inspector of Police. (2)
It shall be the duty of the
vigilance officer,- (i)
to detect and prevent the
contravention or violation of the provision of this Act and the rules made
there under, in the area of his jurisdiction and report such cases to the
nearest police station within the area of jurisdiction and upon filing of
complaint to the police station by any victim or member of his family to ensure
due and speedy action thereon and to give necessary advice, guidance and help
to concerned police station; (ii)
to collect evidence for the
effective prosecution of persons contravening the provisions of this Act and to
report the same to the police station of the area in which such contravention
has been or is being committed; and (iii)
to discharge such other
functions as may be assigned to him from time to time by the State Government
by general or special order issued in this behalf. (3)
Any person who obstructs the
discharge of official duties or the work of the vigilance officer, appointed
under sub- section (1), shall on conviction be punished with imprisonment for a
term which may extend upto two years or with fine which may be extended upto
twenty five thousand rupees or with both. (4)
The vigilance officer shall
be deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code, 1860 or sub-section (28) of section 2 of the Bharatiya Nyaya
Sanhita, 2023. The Government may
undertake awareness programme to bring awareness in the society about the ill
effects of inhuman, evil practices and to provide proper medical help or relief
to the injured person or victims in Government Hospitals in such manner as may
be prescribed and designate such authority to provide such relief by
notification published in the Official Gazette. All cases relating to
the violation of section 3, 4 and 5 shall be before such court within the limit
of whose jurisdiction the offender or accused resides at the time of the
commission of the offence or where the offence has been committed. All officers and
other persons exercising powers under this Act shall be deemed to be public
servant within the meaning of section 21 of the Indian Penal Code, 1860, or
sub-section (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023. No suit, prosecution
or other legal proceeding shall lie against any person for anything which is,
in good faith done or intended to be done under this Act. The provisions of
this Act are in addition to and not in derogation of the provisions of any
other law for the time being in force. No suit, prosecution
or other legal proceeding shall be instituted against any person for anything
which is in good faith done or intended to be done under this Act or the rules
made thereunder. The State Government
may by notification published in the Official Gazette, make rules for carrying
out the purposes of the Act. Notwithstanding
anything contained in other law for the time being in force this Act shall take
effect and prevail.The
Assam Healing (Prevention Of Evil Practices) Act, 2024