Note: This bill is drafted very smartly, so that common man does not understand the hidden motive of the law. So please do refer analysis by experts.
STATEMENT OF OBJECTS AND REASONS
An alarming number of incidences of causing mental, physical and financial harm to, an exploitation of, the common people in the society because of evil and aghori practices, practice of Black Magic and evil spirits, at the hands of quacks and conmen have come to light.
2. Under the circumstances it has become absolutely necessary for the government to take appropriate and stringent social and legal measures to effectively contain and eradicate the evil effects and spread of these harmful practices and aghori practices and belief in Black Magic and such other evil and aghori practices and to save the common people from falling prey to the sinister designs of the black magicians, quacks and conmen, whose anti-social and harmful activities are threatening to seriously damage the very social fibre and the faith of the common people in the authentic and scientific medical remedies and cures and are driving them to take recourse to such quacks, conmen and black magicians, by enacting a special and stringent law to deal with such evil and aghori practices, customs, etc.
3. The salient features of the Act are as follows :-
(i) The Practice, promotion and propagation of Black magic, evil and aghori practices and the unauthorised and illegal practice of medicine or healing or curing power by quacks, conmen, etc., is being prohibited by providing a definition of the term “practice of Black Magic and evil and aghori practices”. Such practice is being made an offence under this Act and to serve as a deterrent, it is proposed to provide for the stringent penal provisions for such offences including making such offences cognizable and non-bail-able;
(ii) It is being provided that there would be a Vigilance Officer, who shall endeavor to detect and prevent, contravention of the provisions of this Act and the rules and collect evidence for effective prosecution of the persons contravening the provisions of this law;
(iii) It is proposed to provide for an enabling provision which would empower the court to publish the details relating to the conviction of a person for commission of an offence under the provisions of this law; and
(iv) Other incident all and connected matters.
4. The Bill seeks to achieve the above objectives.
Nagpur, CHANDRAKANT HANDORE
Dated the 13th December 2005 Minister for Social Justice
MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposals for delegation of legislative power, namely :-
Clause 1(3) :- Under this clause, power is taken to the State Government to bring the Act into force on such date as it may, by notification in the Official Gazette, appoint.
Clause 6(1) :- Under this clause, power is taken to the State Government to appoint, by notification in the Official Gazette, for one or more police stations, as may be specified in such notification, an officer or officers to be known as the Vigilance Officer.
Clause 12 :- Under this clause, power is taken to the State Government to make rules, by notification in the Official Gazette, for carrying out the purposes of this Act, subject to the condition of previous publication.
2. The above proposals for delegation of legislative power are of a normal character.
VILAS PATIL, Principal Secretary,
Maharashtra Legislative Assembly.
MAHARASHTRA LEGISLATURE SECRETARIAT
(L.A.BILL No.LXXXIX OF 2005)
( A Bill to bring social awakening and awareness in the society and to create a healthy and safe social environment with a view to protect the common people in the society against the evil and sinister practices and customs thriving on ignorance and to combat and eradicate the evil, sinister and aghori practices horn out of beliefs propagated ink the name of some so called divine or supernatural or magical powers or evil spirits commonly known as Black magic by quacks and conmen with sinister motive of exploiting and harming mentally, physical and financially the common people in the society and thereby destroying the very social fiber of the society; and for matters connected therewith and incidental thereto)
(SHRI. CHANDRAKANT HANDORE,
Minister for Social Justice)
Maharashtra Legislative Assembly