(1) Where a Magistrate/Executive-Magistrate has reason to believe from information received from the police or from any other person authorised by State Government in this behalf or otherwise, that any person has been victimised in the name of witchcraft, he may direct a police officer not below the rank of a sub-inspector to enter such place, and to remove therefrom such person and produce him/her before him.
(2) The police officer, after removing the person shall forthwith produce him/her before the Magistrate issuing the order.
26. The State Government may, in its discretion, establish as many protective homes and rehabilitation centres under the Act as it thinks fit and such homes and centres when established shall be maintained in such manner as may be prescribed.
Free medical assistance to the victims
27. The State Government shall provide free medical assistance including medicines and other supportive system to victims of witch hunting.
2590 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 Rehabilitation grant to the victims or next of kins
28. The State Government, as the case may be, shall provide for rehabilitation grant to be paid to the victim or his/her next of kin in such manner as may be as prescribed for the offences committed against them under this Act and, for any other offence/offences which has not been defined in the Act but has been defined in other criminal laws, for the time being in force.
Free legal services to the aggrieved person Section 438 of the Code not to apply to persons committing an offence under the Act Application of certain provisions of the Indian Penal Code
29. The aggrieved person shall have right to free legal Central services under the Legal Services Authorities Act, Act 39
1987. of 1987
30. Nothing in section 438 of the Code shall apply in Central relation to any case involving the arrest of any Act 2 of person on accusation of having committed an offence ^74 under this Act.
Act to override other laws Protection of action taken in good faith Power of State Government to make rules
31. Subject to other provisions of this Act, the provisions of section 34, Chapter III, Chapter IV, Chapter V, Chapter V-A, section 149 and Chapter XXIII of the Indian Penal Code, 1860 shall, so far as may be, apply for the purposes of this Act as they apply for the purpose of the said Code.
32. The provisions of this Act shall have effect, notwithstanding, anything inconsistent therewith contained in any other State law, custom or usage or any instrument having effect under any law.
33. No suit, prosecution or other proceedings shall lie against the Government or any officer or authority of the Government or any other person for anything which is in good faith done or intended to be done under this Act.
34 (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely
(i) procedure for payment of the compensation to the victim as provided under section 19;
(ii) manner of maintenance of protective homes and rehabilitation centres under section 26;
Central Act 45 of 1960 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2591
(iii) manner in which the rehabilitation grant shall be paid to victims of witch hunting under section 28;
(iv) any other matter which may be prescribed in conformity7 with the Act.
(3) Every rule made under this section 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 thirty 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 house agrees in making any modification in the rule or 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.
S. M. BL’ZAR BARE AH, Commissioner & Secretary to the Government of Assam, Legislative Department, Dispur, Guwahati-6.
Guwahati: Printed and Published by the Dy. Directors (P & S), Directorate of Printing & Stationery, Assam, Guwahati-21.
Extraordinary Gazette No. 679 - 200 10 - 30 - 06- 2018. (visit a t- dpns.assam.gov.in)