The Immoral Traffic (Prevention) Act, 1956
Administered Ministry: Ministry of Women and Child Development
Section
Section 18 Closure of brothel and eviction of offenders from the premises.
(1) A magistrate may, on receipt of information from the police or otherwise, that any house, room, place or any portion thereof within a distance of 1]two hundred metres] of any public place referred to in sub-section (1) of section 7, is being run or used as a brothel by any person or is being used by prostitutes for carrying on their trade, issue notice on the owner, lessor or landlord of such house, room, place or portion or the agent of the owner, lessor or landlord or on the tenant, lessee, occupier of, or any other person incharge of such house, room, place, or portion, to show cause within seven days of the receipt of the notice why the same should not be attached for improper user thereof; and if, after hearing the person concerned, the magistrate is satisfied that the house, room, place or portion is being used as a brothel or for carrying on prostitution, then the magistrate may pass orders--
(a) directing eviction of the occupier within seven days of the passing of the order from the house, room, place or portion;
(b) directing that before letting it out during the period of one year 2]or in a case where a child or minor has been found in such house, room, place or portion during a search under section 15, during the period of three years], immediately after the passing of the order, the owner, lessor or landlord or the agent of the owner, lessor or landlord shall obtain the previous approval of the magistrate:
Provided that, if the magistrate finds that the owner, lessor or landlord as well as the agent of the owner, lessor or landlord, was innocent of the improper user of the house, room, place or portion, he may cause the same to be restored to the owner, lessor or landlord, or the agent of the owner, lessor or landlord, with a direction that the house, room, place or portion shall not be leased out, or otherwise given possession of, to or for the benefit of the person who was allowing the improper user therein.
(2) A court convicting a person of any offence under section 3 or section 7 may pass order under subsection (1) without further notice to such person to show cause as required in that sub-section.
(3) Orders passed by the magistrate or court under sub-section (1) or sub-section (2) shall not be subject to appeal and shall not be stayed or set aside by the order of any court, civil or criminal and the said orders shall cease to have validity after the 3]expiry of one year or three years, as the case may be]:
Provided that where a conviction under section 3 or section 7 is set aside on appeal on the ground that such house, room, place or any portion thereof is not being run or used as a brothel or is not being used by prostitutes for carrying on their trade, any order passed by the trial court under sub-section (1) shall also be set aside.
(4) Notwithstanding anything contained in any other law for the time being in force, when a magistrate passes an order under sub-section (1), or a court passes an order under sub-section (2), any lease or agreement under which the house, room, place or portion is occupied at the time, shall become void and inoperative.
(5) When an owner, lessor or landlord, or the agent of such owner, lessor or landlord fails to comply with a direction given under clause (b) of sub-section (1), he shall be punishable with fine which may extend to five hundred rupees or when he fails to comply with a direction under the proviso to that subsection, he shall be deemed to have committed an offence under clause (b) of sub-section (2) of section 3 or clause (c) of sub-section (2) of section 7, as the case may be, and punished accordingly.
(a) directing eviction of the occupier within seven days of the passing of the order from the house, room, place or portion;
(b) directing that before letting it out during the period of one year 2]or in a case where a child or minor has been found in such house, room, place or portion during a search under section 15, during the period of three years], immediately after the passing of the order, the owner, lessor or landlord or the agent of the owner, lessor or landlord shall obtain the previous approval of the magistrate:
Provided that, if the magistrate finds that the owner, lessor or landlord as well as the agent of the owner, lessor or landlord, was innocent of the improper user of the house, room, place or portion, he may cause the same to be restored to the owner, lessor or landlord, or the agent of the owner, lessor or landlord, with a direction that the house, room, place or portion shall not be leased out, or otherwise given possession of, to or for the benefit of the person who was allowing the improper user therein.
(2) A court convicting a person of any offence under section 3 or section 7 may pass order under subsection (1) without further notice to such person to show cause as required in that sub-section.
(3) Orders passed by the magistrate or court under sub-section (1) or sub-section (2) shall not be subject to appeal and shall not be stayed or set aside by the order of any court, civil or criminal and the said orders shall cease to have validity after the 3]expiry of one year or three years, as the case may be]:
Provided that where a conviction under section 3 or section 7 is set aside on appeal on the ground that such house, room, place or any portion thereof is not being run or used as a brothel or is not being used by prostitutes for carrying on their trade, any order passed by the trial court under sub-section (1) shall also be set aside.
(4) Notwithstanding anything contained in any other law for the time being in force, when a magistrate passes an order under sub-section (1), or a court passes an order under sub-section (2), any lease or agreement under which the house, room, place or portion is occupied at the time, shall become void and inoperative.
(5) When an owner, lessor or landlord, or the agent of such owner, lessor or landlord fails to comply with a direction given under clause (b) of sub-section (1), he shall be punishable with fine which may extend to five hundred rupees or when he fails to comply with a direction under the proviso to that subsection, he shall be deemed to have committed an offence under clause (b) of sub-section (2) of section 3 or clause (c) of sub-section (2) of section 7, as the case may be, and punished accordingly.
1. Subs. by Act 46 of 1978, s. 13, for "two hundred yards" (w.e.f. 2-10-1979).
2. Ins. by Act 44 of 1986, s. 20 (w.e.f. 26-1-1987).
3. Subs. by s. 20, ibid., for "expiry of one year" (w.e.f. 26-1-1987).
2. Ins. by Act 44 of 1986, s. 20 (w.e.f. 26-1-1987).
3. Subs. by s. 20, ibid., for "expiry of one year" (w.e.f. 26-1-1987).
Section 19 Application for being kept in a protective home or provided care and protection by court.
1[19. Application for being kept in a protective home or provided care and protection by court.--(1) A 2[person] who is carrying on, or is being made to carry on, prostitution, may make an application, to the magistrate within the local limits of whose jurisdiction he is carrying on, or is being made to carry on prostitution, for an order that he may be--
(a) kept in a protective home, or
(b) provided care and protection by the court in the manner specified in sub-section (3).
(2) The magistrate may, pending inquiry under sub-section (3), direct that the 2[person] be kept in such custody as he may consider proper, having regard to the circumstances of the case.
(3) If the magistrate, after hearing the applicant and making such inquiry as he may consider necessary, including an inquiry by a probation officer appointed under the Probation of Offenders Act, 1958 (20 of 1958), into the personality, conditions of home and prospects of rehabilitation of the applicant, is satisfied that an order should be made under this section, he shall, for reasons to be recorded, make an order that the applicant be kept,--
(i) in a protective home, or
(ii) in a corrective institution, or
(iii) under the supervision of a person appointed by the magistrate,
for such period as may be specified in the order.]
(a) kept in a protective home, or
(b) provided care and protection by the court in the manner specified in sub-section (3).
(2) The magistrate may, pending inquiry under sub-section (3), direct that the 2[person] be kept in such custody as he may consider proper, having regard to the circumstances of the case.
(3) If the magistrate, after hearing the applicant and making such inquiry as he may consider necessary, including an inquiry by a probation officer appointed under the Probation of Offenders Act, 1958 (20 of 1958), into the personality, conditions of home and prospects of rehabilitation of the applicant, is satisfied that an order should be made under this section, he shall, for reasons to be recorded, make an order that the applicant be kept,--
(i) in a protective home, or
(ii) in a corrective institution, or
(iii) under the supervision of a person appointed by the magistrate,
for such period as may be specified in the order.]
1. Subs. by Act 46 of 1978, s. 14, for section 19 (w.e.f. 2-10-1979).
2. Subs. by Act 44 of 1986, s. 4, for "woman or girl" (w.e.f. 26-1-1987).
2. Subs. by Act 44 of 1986, s. 4, for "woman or girl" (w.e.f. 26-1-1987).
Section 20 Removal of prostitute from any place.
(1) A magistrate on receiving information that any 1]person] residing in or frequenting any place within the local limits of his jurisdiction, is a prostitute, may record the substance of the information received and issue a notice to such 1]person] requiring him to appear before the magistrate and show cause why he should not be required to remove himself from the place and be prohibited from re-entering it.
(2) Every notice issued under sub-section (1) shall be accompanied by a copy of the record aforesaid, and the copy shall be served along with the notice on the 1]person] against whom the notice is issued.]
(3) The magistrate shall, after the service of the notice referred to in sub-section (2), proceed to inquire into the truth of the information received, and after giving the 1]person] an opportunity of adducing evidence, take such further evidence as he thinks fit, and if upon such inquiry it appears to him that such 1]person] is a prostitute and that it is necessary in the interests of the general public that such 1]person] should be required to remove himself therefrom and be prohibited form re-entering the same, the magistrate shall, by order in writing communicated to the 1]person] in the manner specified therein, require him after a date (to be specified in the order) which shall not be less than seven days from the date of the order, to remove himself from the place to such place whether within or without the local limits of his jurisdiction, by such route or routes and within such time as may be specified in the order and also prohibit him from re-entering the place without the permission in writing of the magistrate having jurisdiction over such place.
(4) Whoever,--
(a) fails to comply with an order issued under this section, within the period specified therein, or whilst an order prohibiting him from re-entering a place without permission is in force, re-enters the place without such permission, or
(b) knowing that any 1]person] has, under this section, been required to removehimself from the place and has not obtained the requisite permission to re-enter it, harbours or conceals such 1]person] in the place, shall be punishable with fine which may extend to two hundred rupees not in the case of a continuing offence with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the offence.
(2) Every notice issued under sub-section (1) shall be accompanied by a copy of the record aforesaid, and the copy shall be served along with the notice on the 1]person] against whom the notice is issued.]
(3) The magistrate shall, after the service of the notice referred to in sub-section (2), proceed to inquire into the truth of the information received, and after giving the 1]person] an opportunity of adducing evidence, take such further evidence as he thinks fit, and if upon such inquiry it appears to him that such 1]person] is a prostitute and that it is necessary in the interests of the general public that such 1]person] should be required to remove himself therefrom and be prohibited form re-entering the same, the magistrate shall, by order in writing communicated to the 1]person] in the manner specified therein, require him after a date (to be specified in the order) which shall not be less than seven days from the date of the order, to remove himself from the place to such place whether within or without the local limits of his jurisdiction, by such route or routes and within such time as may be specified in the order and also prohibit him from re-entering the place without the permission in writing of the magistrate having jurisdiction over such place.
(4) Whoever,--
(a) fails to comply with an order issued under this section, within the period specified therein, or whilst an order prohibiting him from re-entering a place without permission is in force, re-enters the place without such permission, or
(b) knowing that any 1]person] has, under this section, been required to removehimself from the place and has not obtained the requisite permission to re-enter it, harbours or conceals such 1]person] in the place, shall be punishable with fine which may extend to two hundred rupees not in the case of a continuing offence with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the offence.
1. Subs. by Act 44 of 1986, s. 4, for "woman or girl" (w.e.f. 26-1-1987).
Section 21 Protective homes.
(1) The State Government may, in its discretion establish 1[as many protective homes and corrective institutions under this Act as it thinks fit and such homes and institutions], when established, shall be maintained in such manner as may be prescribed.
(2) No person or no authority other than the State Government shall, after the commencement of this Act, establish or maintain any 2]protective home or corrective institution] except under and in accordance with the conditions of a licence issued under this section by the State Government.
(3) The State Government may, on application made to it in this behalf by a person or authority issue to such person or authority, a licence in the prescribed form for establishing and maintaining or as the case may be, for maintaining a 3[protective home or corrective institution] and a licence so issued may contain such conditions as the State Government may think fit to impose in accordance with the rules made under this Act:
Provided that any such condition may require that the management of the 3[protective home or corrective institution] shall, wherever practicable, be entrusted to women:
Provided further that a person or authority maintaining any protective home at the commencement of this Act shall be allowed a period of six months from such commencement to make an application for such licence:
4[Provided also that a person or authority maintaining any corrective institution at the commencement of the Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1978 (46 of 1978), shall be allowed a period of six months from such commencement to make an application for such licence.]
(4) Before issuing a licence the State Government may require such officer or authority as it may appoint for this purpose, to make a full and complete investigation in respect of the application received in this behalf and report to it the result of such investigation and in making any such investigation the officer or authority shall follow such procedure as may be prescribed.
(5) A licence, unless sooner revoked, shall remain in force for such period as may be specified in the licence and may, on application made in this behalf at least thirty days before the date of its expiration, be renewed for a like period.
(6) No licence issued or renewed under this Act shall be transferable.
(7) Where any person or authority to whom a licence has been granted under this Act or any agent or servant of such person or authority commits a breach of any of the conditions thereof or any of the provisions of this Act or of any of the rules made under this Act, or where the State Government is not satisfied with the condition, management or superintendence of any 3[protective home or corrective institution], the State Government may, without prejudice to any other penalty which may have been incurred under this Act, for reasons to be recorded, revoke the licence by order in writing:
Provided that no such order shall be made until an opportunity is given to the holder of the licence to show cause why the licence shall not be revoked.
(8) Were a licence in respect of a 3]protective home or corrective institution] has been revoked under the foregoing sub-section such 3[protective home or corrective institution] shall cease to function from the date of such revocation.
(9) Subject to any rules that may be made in this behalf, the State Government may also vary or amend any licence issued or renewed under this Act. 4[(9A) The State Government or an authority authorised by it in this behalf may, subject to any rules that may be made in this behalf, transfer an inmate of a protective home to another protective home or to a corrective institution or an inmate of a corrective institution to another corrective institution or to a protective home, where such transfer is considered desirable having regard to the conduct of the person to be transferred, the kind of training to be imparted and other circumstances of the case:
Provided that,--
(a) no 5[person] who is transferred under this sub-section shall be required to stay in the home or institution to which he is transferred for a period longer than he was required to stay in the home or institution from which he was transferred;
(b) reasons shall be recorded for every order of transfer under this sub-section.]
(10) Whoever establishes or maintains a 3[protective home or corrective institution] except in accordance with the provisions of this section, shall be punishable in the case of a first offence with fine which may extend to one thousand rupees and in the case of second or subsequent offence with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
(2) No person or no authority other than the State Government shall, after the commencement of this Act, establish or maintain any 2]protective home or corrective institution] except under and in accordance with the conditions of a licence issued under this section by the State Government.
(3) The State Government may, on application made to it in this behalf by a person or authority issue to such person or authority, a licence in the prescribed form for establishing and maintaining or as the case may be, for maintaining a 3[protective home or corrective institution] and a licence so issued may contain such conditions as the State Government may think fit to impose in accordance with the rules made under this Act:
Provided that any such condition may require that the management of the 3[protective home or corrective institution] shall, wherever practicable, be entrusted to women:
Provided further that a person or authority maintaining any protective home at the commencement of this Act shall be allowed a period of six months from such commencement to make an application for such licence:
4[Provided also that a person or authority maintaining any corrective institution at the commencement of the Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1978 (46 of 1978), shall be allowed a period of six months from such commencement to make an application for such licence.]
(4) Before issuing a licence the State Government may require such officer or authority as it may appoint for this purpose, to make a full and complete investigation in respect of the application received in this behalf and report to it the result of such investigation and in making any such investigation the officer or authority shall follow such procedure as may be prescribed.
(5) A licence, unless sooner revoked, shall remain in force for such period as may be specified in the licence and may, on application made in this behalf at least thirty days before the date of its expiration, be renewed for a like period.
(6) No licence issued or renewed under this Act shall be transferable.
(7) Where any person or authority to whom a licence has been granted under this Act or any agent or servant of such person or authority commits a breach of any of the conditions thereof or any of the provisions of this Act or of any of the rules made under this Act, or where the State Government is not satisfied with the condition, management or superintendence of any 3[protective home or corrective institution], the State Government may, without prejudice to any other penalty which may have been incurred under this Act, for reasons to be recorded, revoke the licence by order in writing:
Provided that no such order shall be made until an opportunity is given to the holder of the licence to show cause why the licence shall not be revoked.
(8) Were a licence in respect of a 3]protective home or corrective institution] has been revoked under the foregoing sub-section such 3[protective home or corrective institution] shall cease to function from the date of such revocation.
(9) Subject to any rules that may be made in this behalf, the State Government may also vary or amend any licence issued or renewed under this Act. 4[(9A) The State Government or an authority authorised by it in this behalf may, subject to any rules that may be made in this behalf, transfer an inmate of a protective home to another protective home or to a corrective institution or an inmate of a corrective institution to another corrective institution or to a protective home, where such transfer is considered desirable having regard to the conduct of the person to be transferred, the kind of training to be imparted and other circumstances of the case:
Provided that,--
(a) no 5[person] who is transferred under this sub-section shall be required to stay in the home or institution to which he is transferred for a period longer than he was required to stay in the home or institution from which he was transferred;
(b) reasons shall be recorded for every order of transfer under this sub-section.]
(10) Whoever establishes or maintains a 3[protective home or corrective institution] except in accordance with the provisions of this section, shall be punishable in the case of a first offence with fine which may extend to one thousand rupees and in the case of second or subsequent offence with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
1. Subs. by 46 of 1978, s. 15, for "as many protective homes under this Act as it thinks it and such homes" (w.e.f. 2-10-1979).
2. Subs. by s. 15, ibid., for "protective home" (w.e.f. 2-10-1979).
3. Subs. by Act 46 of 1978, s. 15, for "protective home" (w.e.f. 2-10-1979).
4. Ins. by s. 15, ibid. (w.e.f. 2-10-1978).
5. Subs. by Act 44 of 1986, s. 4, for "woman or girl" (w.e.f. 26-1-1987).
2. Subs. by s. 15, ibid., for "protective home" (w.e.f. 2-10-1979).
3. Subs. by Act 46 of 1978, s. 15, for "protective home" (w.e.f. 2-10-1979).
4. Ins. by s. 15, ibid. (w.e.f. 2-10-1978).
5. Subs. by Act 44 of 1986, s. 4, for "woman or girl" (w.e.f. 26-1-1987).
Section 21A Production of records.
1[21A. Production of records.--Every person or authority who is licensed under sub-section (3) of section 21 to establish or maintain, or as the case may be, for maintaining, a protective home or corrective institution shall, whenever required by a court, produce the records and other documents maintained by such home or institution before such court.]
1. Ins. by Act 44 of 1986, s. 21 (w.e.f. 26-1-1987).
Section 22 Trials.
No court, inferior to that of 1[a Metropolitan Magistrate or a Judicial Magistrate of the first class] shall try any offence under section 3, section 4, section 5, section 6, section 7 or section 8.
1. Subs. by Act 46 of 1978, s. 16, for "a magistrate as defined in clause (c) of section 2" (w.e.f. 2-10-1979).
Section 22A Power to establish special courts.
1[22A. Power to establish Special Courts.--(1) If the State Government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under this Act in any district or metropolitan area, it may, by notification in the Official Gazette and after consultation with the High Court, establish one or more courts of Judicial Magistrates of the first class, or, as the case may be, Metropolitan Magistrates, in such district or metropolitan area.
(2) Unless otherwise directed by the High Court, a court established under sub-section (1) shall exercise jurisdiction only in respect of cases under this Act.
(3) Subject to the provisions of sub-section (2), the jurisdiction and powers of the presiding officer of a court established under sub-section (1) in any district or metropolitan area shall extend throughout the district or the metropolitan area, as the case may be.
(4) Subject to the foregoing provisions of this section a court established under sub-section (1) in any district or metropolitan area shall be deemed to be a court established under sub-section (1) of section 11, or as the case may be, sub-section (1) of section 16, of the Code of Criminal Procedure, 1973 (2 of 1974), and the provisions of that Code shall apply accordingly in relation to such courts.
Explanation.--In this section, "High Court" has the same meaning as in clause (e) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974).]
(2) Unless otherwise directed by the High Court, a court established under sub-section (1) shall exercise jurisdiction only in respect of cases under this Act.
(3) Subject to the provisions of sub-section (2), the jurisdiction and powers of the presiding officer of a court established under sub-section (1) in any district or metropolitan area shall extend throughout the district or the metropolitan area, as the case may be.
(4) Subject to the foregoing provisions of this section a court established under sub-section (1) in any district or metropolitan area shall be deemed to be a court established under sub-section (1) of section 11, or as the case may be, sub-section (1) of section 16, of the Code of Criminal Procedure, 1973 (2 of 1974), and the provisions of that Code shall apply accordingly in relation to such courts.
Explanation.--In this section, "High Court" has the same meaning as in clause (e) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974).]
1. Ins. by s. 17, ibid. (w.e.f. 2-10-1979).
Section 22AA Power of Central Government to establish special courts.
1[22AA. Power of Central Government to establish special courts.--(1) If the Central Government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under this Act and committed in more than one State, it may, by notification in the Official Gazette and after consultation with the High Court concerned, establish one or more courts of Judicial Magistrates of the first class or Metropolitan Magistrates for the trial of such offences.
(2) The provisions of section 22A, shall, so far as may be, apply to the courts established under subsection (1) as they apply to courts established under that section.]
(2) The provisions of section 22A, shall, so far as may be, apply to the courts established under subsection (1) as they apply to courts established under that section.]
1. Ins. by Act 44 of 1986, s. 22 (w.e.f. 26-1-1987).
Section 22B Power of Court to try cases summarily.
1[22B.Power of Court to try cases summarily.--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government may, if it considers it necessary so to do, direct that offences under this Act shall be tried in a summary way by a magistrate including the presiding officer of a court established under sub-section (1) of section 22A and the provisions of Section 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial:
Provided that in the case of any conviction in a summary trial under this section it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year:
Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness, who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.]
Provided that in the case of any conviction in a summary trial under this section it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year:
Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness, who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.]
1. Ins. by Act 44 of 1986, s. 22 (w.e.f. 26-1-1987).
Section 23 Power to make rules.
(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 powers, such rules may provide for--
(a) the notification of any place as a public place;
1[(b) the placing in custody of persons for whose safe custody orders have been passed under subsection (1) of section 17 and their maintenance;]
2[(bb) the discharge of an offender under sub-section (3) of section 10A from a corrective institution and the form of licence to be granted to such offender;]
3[(c) the detention and keeping in protective homes or, as the case may be, in corrective institutions of 4[persons] under this Act and their maintenance;]
(d) the carrying out of the provisions of section 11 regarding notification of residence or change of or absence from residence by released convicts;
(e) the delegation of authority to appoint the special police officer under sub-section (1) of section 13;
(f) the carrying into effect of the provisions of section 18;
5[(g) (i) the establishment, maintenance, management and superintendence of protective homes and corrective institutions under section 21 and the appointment, powers and duties of persons employed in such homes or institutions;
(ii) the form in which an application for a licence may be made and the particulars to be contained in such application;
(iii) the procedure for the issue or renewal of a licence, the time within which such licence shall be issued or renewed and the procedure to be followed in making a full and complete investigation in respect of an application for a licence;
(iv) the form of a licence and the conditions to be specified therein;
(v) the manner in which the accounts of a protective home and a corrective institution shall be maintained and audited;
(vi) the maintenance of registers and statements by a licensee and the form of such registers and statements;
(vii) the care, treatment, maintenance, training, instruction, control and discipline of the inmates of protective homes and corrective institutions;
(viii) the visits to and communication with such inmates;
(ix) the temporary detention of 4[persons] sentenced to detention in protective homes or in corrective institutions until arrangements are made for sending them to such homes or institutions;
(x) the transfer of an inmate from,--
(a) one protective home to another, or to a corrective institution,
(b) one corrective institution to another or to a protective home, under sub-section (9A) of section 21;
(xi) the transfer in pursuance of an order of the court from a protective home or a corrective institution to a prison of a 6[person] found to be incorrigible or exercising bad influence upon other inmates of that protective home or the corrective institution and the period of his detention in such prison;
(xii) the transfer to a protective home or corrective institution of 7[persons] sentenced under section 7 or section 8 and the period of their detention in such home or institution;
(xiii) the discharge of inmates from a protective home or corrective institution either absolutely or subject to conditions, and their arrest in the event of breach of such conditions;
(xiv) the grant of permission to inmates to absent themselves for short periods;
(xv) the inspection of protective homes and corrective institutions and other institutions in which 6[persons] may be kept, detained and maintained;]
(h) any other matter which has to be, or may be, prescribed.
(3) In making any rule under clause (d) or clause (g) of sub-section (2) the State Government may provide that a breach thereof shall be punishable with fine which may extend to two hundred and fifty rupees.
(4) All rules made under this Act shall, as soon as may be, after they are made, be laid before the State Legislature.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for--
(a) the notification of any place as a public place;
1[(b) the placing in custody of persons for whose safe custody orders have been passed under subsection (1) of section 17 and their maintenance;]
2[(bb) the discharge of an offender under sub-section (3) of section 10A from a corrective institution and the form of licence to be granted to such offender;]
3[(c) the detention and keeping in protective homes or, as the case may be, in corrective institutions of 4[persons] under this Act and their maintenance;]
(d) the carrying out of the provisions of section 11 regarding notification of residence or change of or absence from residence by released convicts;
(e) the delegation of authority to appoint the special police officer under sub-section (1) of section 13;
(f) the carrying into effect of the provisions of section 18;
5[(g) (i) the establishment, maintenance, management and superintendence of protective homes and corrective institutions under section 21 and the appointment, powers and duties of persons employed in such homes or institutions;
(ii) the form in which an application for a licence may be made and the particulars to be contained in such application;
(iii) the procedure for the issue or renewal of a licence, the time within which such licence shall be issued or renewed and the procedure to be followed in making a full and complete investigation in respect of an application for a licence;
(iv) the form of a licence and the conditions to be specified therein;
(v) the manner in which the accounts of a protective home and a corrective institution shall be maintained and audited;
(vi) the maintenance of registers and statements by a licensee and the form of such registers and statements;
(vii) the care, treatment, maintenance, training, instruction, control and discipline of the inmates of protective homes and corrective institutions;
(viii) the visits to and communication with such inmates;
(ix) the temporary detention of 4[persons] sentenced to detention in protective homes or in corrective institutions until arrangements are made for sending them to such homes or institutions;
(x) the transfer of an inmate from,--
(a) one protective home to another, or to a corrective institution,
(b) one corrective institution to another or to a protective home, under sub-section (9A) of section 21;
(xi) the transfer in pursuance of an order of the court from a protective home or a corrective institution to a prison of a 6[person] found to be incorrigible or exercising bad influence upon other inmates of that protective home or the corrective institution and the period of his detention in such prison;
(xii) the transfer to a protective home or corrective institution of 7[persons] sentenced under section 7 or section 8 and the period of their detention in such home or institution;
(xiii) the discharge of inmates from a protective home or corrective institution either absolutely or subject to conditions, and their arrest in the event of breach of such conditions;
(xiv) the grant of permission to inmates to absent themselves for short periods;
(xv) the inspection of protective homes and corrective institutions and other institutions in which 6[persons] may be kept, detained and maintained;]
(h) any other matter which has to be, or may be, prescribed.
(3) In making any rule under clause (d) or clause (g) of sub-section (2) the State Government may provide that a breach thereof shall be punishable with fine which may extend to two hundred and fifty rupees.
(4) All rules made under this Act shall, as soon as may be, after they are made, be laid before the State Legislature.
1. Subs. by Act 44 of 1986, s. 23, for clause (b) (w.e.f. 26-1-1987).
2. Ins. by Act 46 of 1978, s. 18 (w.e.f. 2-10-1979).
3. Subs. by s. 18, ibid., for clause (c) (w.e.f. 2-10-1979).
4. Subs. by Act 44 of 1986, s. 4, for "women and girl" (w.e.f. 26-1-1987).
5. Subs. by 46 of 1978, s. 18, for clause (g) (w.e.f. 2-10-1979).
6. Subs. by Act 44 of 1986, s. 4, for "woman or girl" (w.e.f. 26-1-1987).
7. Subs. by s. 4, ibid., for "women and girl" (w.e.f. 26-1-1987).
2. Ins. by Act 46 of 1978, s. 18 (w.e.f. 2-10-1979).
3. Subs. by s. 18, ibid., for clause (c) (w.e.f. 2-10-1979).
4. Subs. by Act 44 of 1986, s. 4, for "women and girl" (w.e.f. 26-1-1987).
5. Subs. by 46 of 1978, s. 18, for clause (g) (w.e.f. 2-10-1979).
6. Subs. by Act 44 of 1986, s. 4, for "woman or girl" (w.e.f. 26-1-1987).
7. Subs. by s. 4, ibid., for "women and girl" (w.e.f. 26-1-1987).
Section 24 Act not to be in derogation of certain other Acts.
Nothing in this Act shall be construed to be in derogation of the provisions of the Refermatory Schools Act, 1897 (8 of 1897), or any State Act enacted in modification of the said Act or otherwise, relating to juvenile offenders.
Section 25 Repeal and savings.
(1) As from the date of the coming into force in any State of the provisions other than section 1 of this Act, all State Acts relating to suppression of immoral traffic in 1[persons] or to the prevention of prostitution, in force in that State immediately before such date shall stand repealed.
(2) Notwithstanding the repeal by this Act of any State Act referred to in sub-section (1), anything done or any action taken (including any direction given, any register, rule or order made, any restriction imposed) under the provisions of such State Act shall in so far as such thing or action is not inconsistent with the provisions of this Act be deemed to have been done or taken under the provisions of this Act, as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this Act.
Explanation.--In this section the expression “State Act” includes a "Provincial Act".
(2) Notwithstanding the repeal by this Act of any State Act referred to in sub-section (1), anything done or any action taken (including any direction given, any register, rule or order made, any restriction imposed) under the provisions of such State Act shall in so far as such thing or action is not inconsistent with the provisions of this Act be deemed to have been done or taken under the provisions of this Act, as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this Act.
Explanation.--In this section the expression “State Act” includes a "Provincial Act".
1. Subs. by s. 4, ibid., for "women and girl" (w.e.f. 26-1-1987).