ATROCITY ACT (Chapter- 5)
CHAPTER - 5
16. Power of State Government to impose collective fine:-
The provision of Section 10-A of the Protection of Civil Rights Act, 1955 (22 of 1955) shall, so far as may be, apply for the purposes or impsition and realisation of collective fine and for all other matter connected therewith under this Act.
17. Preventive action to be taken by the law and order machinery:-
(1) A Direct Magistrate or Sub-Divisional Magistrate or any other. Executive Magistrate or any police officer not below the rank of a Deputy Superintendent of Police may on receiving information after such inquiry as he may think necessary, has reason to believe that a person or a group of persons not belonging to the Schduled Castes or the Scheduled Tribes, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any offence under this Act is of the opinion that there is sufficient ground for proceeding, declare such an area to be area prone to atrocities and take necessary action for keeping the peace and good behaviour and maintenance of public order and tranqulity and may take preventive action.
(2) The provisions of Chapters VIII, X and XI of the Code shall, so fas as may be apply for the purposes of Sub-section (1)
(3) The State Government may, by notification in the Official Gazette, make one more schemes specifying the manner in which the offecers referred to in sub-section (1) shall take appropriate action specified in such scheme or schemes to prevent atrocities and to restore the feeling of security amongst the members of the Scheduled Casts and the Scheduled Tribes.
18. Section 438 of the Code not to apply to persons commiting an offence under the Act:-
Nothing in section 438 of the Code shall apply in relation to any case involding the arrest of any person on an accusation of having committed an offence under this Act.
19. Section 360 of the code or the provisions of the Probation of Offenders Act not to apply to persons guilty for an offence under the Act :-
The provisions of Section 360 of the Code and the provisions of the Probation of Offenders Act, 1958 (20 of 1958) shall not apply to any person above the age of eighteen years who is found guilty of having committed an offence under this Act.
20. Act to override other laws:-
Save as otherwise provided in this Act, the provisions in this Act the Provisions of this Act shall have effect notwithstanding anything inconsistent there with contained in any other law for the time being in force or any costom or usage or any instrument having effect by virtue of any such law.
21. Duty of Goverment to ensure effective Implementation of the Act:-
(1) Subject to such rules as the Central Goverment may make in this behalf, the State Government may measures as may be necessary for the effective implementation of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisions, such measures may include -
(i) The provision for adequate facilities, including leagal aid, to the persons subjected to atrocities to enable thme to avail themselves of justice,
(ii) the provision for traveling and maintence expenses to withnesses, including the victims of atrocities, during investigation and trial of offences under this Act,
(iii) the provision for the economic and social rehabilitations ot the victis of the atrocities,
(iv) the appoinment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act,
(v) the setting up of committees at such appropriate levels as the State Government may think fit to assist that Government in formulation or implementation of such measures,
(vi) provision for a periodic survey of the working of the provisions this Act with a view to suggesting measures for the better impementation of the provisions of this Act,
(vii) the identification of the areas where the members of the Scheduled Castes and the Scheduled Tribes are likely to be subjected to atrocities and adoption of such measures so as to ensure safety for such members.
(3) The Central Government shall take such steps as may be necessary to co-ordinate the measures taken by the State Government under sub-section (1)
(4) The Central Government shall, every year, place on the table of each House of Parliament a report on the measures taken by itself and by the State Government in pursuance of the provisions of this section.
22. Protection of action taken in good faith:-
No suit, prosecution or othe legal prceedings shall lie against the Cental Government or against the State Government or any officer or authority of Government or any other person for anything which is in good faith done or intended to be done under this Act.
23. Power to make rules :-
(1) The Central Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, 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, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made this 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 prejudic to the validity of anything previously done under that rule.