The Assam Healing (Prevention of Evil) Practices Act, 2024

Short title, extent and commencement.-

1. (1) This Act may be called the Assam Healing (Prevention of Evil) Practices Act, 2024.
2. (2) It extends to the whole of Assam.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions.- In this Act, unless the context otherwise requires,-

1. (a) "Act" means the Assam Healing (Prevention of Evil) Practices Act, 2024;
2. (b) "advertisement" includes any notice, circular, label, wrapper or any other document or announcement made orally or by producing or transmitting light, sound, smoke or gas or through electronic media;
3. (c) "healing" or "healing practices" means any practice or exhibition of magic or miracle remedies, or any other act or practice, by whatever name called, which is claimed to possess magical or miraculous healing power or to cure or treat or prevent any disease, disorder, disability or condition in any person, or to influence the mind, health or body of any person in any fraudulent or suspicious manner, with an intent to cheat or exploit or to propagate superstition;
4. (d) "prescribed" means prescribed by rules made under this Act;
5. (e) "State Government" means the Government of Assam.

Prohibition of magical remedies for healing of diseases etc.-

1. (1) No person shall perform, promote, propagate or practise any magical remedies for healing of any diseases, disorders, conditions or other health related issues in the human body.
2. (2) No person shall advertise or cause to be advertised any magical remedies for healing of any diseases, disorders, conditions or other health related issues in the human body.
3. (3) Any person who contravenes the provisions of sub-section
4. (1) or
5. (2) shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to fifty thousand rupees or with both: Provided that in the case of a second or subsequent conviction, the imprisonment shall not be less than one year and may extend to five years, and the fine shall not be less than fifty thousand rupees and may extend to one lakh rupees.
6. (4) Any person who advertises or causes to be advertised the magical remedies, the advertisement of which is prohibited under sub-section (2), shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both.

De-notification of magical practices.- The State Government may, by notification in the Official Gazette, de-notify any practice, which in its opinion, does not constitute magical remedies for healing of diseases, disorders, conditions or other health related issues in the human body, as it may deem necessary:

Power to enter and search Power to enter and search

1. (1) Any police officer, not below the rank of Sub-Inspector, may, if he has reason to believe that an offence has been committed or is likely to be committed under this Act, enter and search at all reasonable times any premises where he has reason to believe that any act of healing practices in the name of God, miracle, etc., meant for exploiting the gullible persons, is being performed or is likely to be performed.
2. (2) Every search made under sub-section
3. (1) shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Penalty Whoever contravenes any of the provisions of this Act shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both:

Offences to be cognizable and non-bailable Offences to be cognizable and non-bailable. – Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under this Act shall be cognizable and non-bailable.

Power to make rules. –

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Assam Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid the Assam Legislative Assembly agrees in making any modification in the rule or the Assam Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

-1 9. Power to remove difficulties.—

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State 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 the 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. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Assam Legislative Assembly.