IMMORAL
TRAFFIC (PREVENTION) ACT, 1956
[Act No. 104 of 1956 dated 30th.
December, 1956]l
An Act to
provide in pursuance of the International Convention signed at New
York on the 9th day of May, 1950, for 2[the prevention of
immoral traffic].
Be it enacted
by Parliament in the Seventh Year of the Republic of India as
follows:
Comment: It would, therefore, be
meaningful if rehabilitation programmes are launched and
implementation machinery is set not only to eradicate the fertile
source of prostitution but also for successful rehabilitation of the
fallen women who are the victims of circumstances to regain their
lost respect to the dignity of person to sustain equality of status,
economic and their social empowerment. Gaurav Jain, Petitioner v.
Union of India AIR 1997 SUPREME COURT 3021
1. Short title, extent and
commencement
(1) This Act
may be called 3[the Immoral Traffic (Prevention)] Act,
1956.
(2) It extends to the whole of
India.
(3) This
section shall come into force at once; and the remaining provisions
of this Act Shall come into force on such date4 as the
Central Government may, by notification in the Official Gazette,
appoint.
2. Definitions
In this Act,
unless the context otherwise requires, -
(a) "brothel"
includes any house, room 5[,conveyance] or place or any
portion of any house room, 5[,conveyance] or place, which
is used for purposes 6[of sexual exploitation or abuse]
for the gain of another person or for the mutual gain of two or more
prostitutes;
7[(aa) "child" means a person who has not
completed the age of sixteen years;]
5[8[(b)] "corrective institution" means
an institution, by whatever name called (being an institution
established or licensed as such under section 21, in which
9[persons], who are in need of correction, may be
detained under this Act, and includes a shelter where
10[undertrials] may be kept in pursuance of this
Act;]
11[***]
12[(c) "magistrate" means a magistrate specified
in the second column of the Schedule as being competent to exercise
the powers conferred by the section in which the expression occurs
and which is specified in the first column of the Schedule;]
13[(ca) "major" means a person who has completed
the age of eighteen years;
(cb) "minor"
means a person who has completed the age of sixteen year but has not
completed the age of eighteen years;]
(d)
"Prescribed" means prescribed by rules made under this Act;
14[***]
15[16[(f) "Prostitution" means the
sexual exploitation or abuse of persons for commercial purposes and the
expression "prostitute" shall be construed accordingly;]]
(g)
"protective home" means an institution, by whatever name called
(being an institution established or licensed as such under section
21), in which 9[persons], who are in need of care and
protection, may be kept under this Act 7[and where
appropriate technically qualified persons, equipment and other
facilities have been provided] but does not include-
(i) a shelter
where 10[undertrials] may be kept in pursuance of this
Act, or
(ii) a
corrective institution;
(h) "public
place" means any place intended for use by, or accessible to, the
public and includes any public conveyance;
(i) "special
police officer" means a police officer appointed by or on behalf of
the state Government to be in charge of police duties within a
specified area for the purpose of this Act;
17[(j) "trafficking police officer" means a police
officer appointed by the Central Government under sub-section (4) of
section 13.]
18[2A. Rule of construction
regarding enactments not extending to Jammu and Kashmir
Any reference
in this Act to a law which is not in force in the State of Jammu and
Kashmir shall, in relation to that State, be construed as a
reference to the corresponding law, if any, in force in that
State.]
3. Punishment for keeping a
brothel or allowing premises to be used as a brothel
(1) Any
person who keeps or manages, or acts or assist in the keeping or
management of, a brothel shall he punishable on first conviction
with rigorous imprisonment for a term of not less than one year and
not more than three years and also with fine which may extend to two
thousand rupees and in the event of a second or subsequent
conviction; with rigorous imprisonment for a term of not less than
two years and not more than five years and also with fine which may
extend to two thousand rupees.
(2) Any
person who-
(a) being the
tenant, lessee, occupier or person in charge of any premises, uses
or knowingly allows any other person to use, such promises or any
part thereof as a brothel, or
(b) being the
owner, lessor or landlord of any premises or the agent of such
owner, lessor or landlord, lets the same or any part thereof with
the knowledge that the same or any part thereof is intended to be
used as a brothel or is wilfully a party to the use of such premises
or any part thereof as a brothel,
shall be
punishable on first conviction with imprisonment for a term which
may extend to two years and with fine which may extend to two
thousand rupees and in the event of a second or subsequent
conviction, with rigorous imprisonment for a term which may extend
to five years and also with fine.
19[(2A) For the purposes of sub-section (2), it
shall be presumed, until the contrary is proved, that any person
referred to in clause (a) or clause (b) of that sub-section, is
knowingly allowing the premises or any part thereof to be used as a
brothel or, as the case may be, has knowledge that the premises or
any part thereof are being used as a brothel if, -
(a) a report
is published in a newspaper having circulation in the area in which
such person resides to the effect that the premises or any part
thereof have been found to be used for prostitution as a result of a
search made under this Act; or
(b) a copy of
the list of all things found during the search referred to in clause
(a) is given to such person.]
(3)
Notwithstanding anything contained in any other law for the time
being in force, on conviction of any person referred to in clause
(a) or clause (b) of sub-section (2) of any offence under that
sub-section in respect of any premises or any part thereof, any
lease or agreement under which such premises have been leased out or
are held or occupied at the time of the commission of the offence,
shall become void and inoperative with effect from the date of the
said conviction.
4. Punishment for living on the
earnings of prostitution
(1) Any
person over the age of eighteen years who knowingly lives, wholly or
in part, on the earnings of the prostitution 20[any other
person] shall be punishable with imprisonment for a term which may
extend to two years, or with fine which may extend to one thousand
rupees, or with both 21[and where such earnings relate to
the prostitution of a child or a minor, shall be punishable with
imprisonment for a term of not less than seven years and not more
than ten years].
22[(2) Where any person over the age of eighteen
years is proved-
(a) to be
living with, or to be habitually in the company of, a prostitute;
or
(b) to have exercised control,
direction or influence over the movements of a prostitute in such a
manner as to show that such person is aiding, abetting or compelling
her prostitution; or
(c) to be acting as a tout or
pimp on behalf of a prostitute,
it shall be
presumed, until the contrary is proved, that such person is
knowingly living on the earnings of prostitution of another person
within the meaning of sub-section (1).]
5. Procuring, inducing or taking
23[person] for the sake of prostitution
(1) Any
person who-
(a) procures
or attempts to procure a 5[person] whether with or
without his consent, for the purpose of prostitution; or
(b) induces a
23[person] to go from any place, with the intent that he
may for the purpose of prostitution become the inmate of, or
frequent, a brothel; or
(c) takes or
attempts to take a 23[person] or causes a
23[person] to be taken, from one place to another with a
view to his carrying on, or being brought up to carry on
prostitution; or
(d) causes or
induces a 23[person] to carry on prostitution,
24[shall be punishable on conviction with rigorous
imprisonment for a term of not less than three years and not more
than seven years and also with fine which may extend to two thousand
rupees, and if any offence under this sub-section is committed
against the will of any person, the punishment of imprisonment for a
term of seven years shall extend to imprisonment for a term of
fourteen years:
Provided that
if the person in respect of whom an offence committed under this
sub-section-
(i) is a
child, the punishment provided under this sub-section shall extend
to rigorous imprisonment for a term of not less than seven years but
may extend to life; and
(ii) is a
minor, the punishment provided under this sub-section shall extend
to rigorous imprisonment for a term of not less than seven years and
not more than fourteen years;]
25[***]
(3) An offence under this
section shall be triable-
(a) in the
place from which a 26[person] is procured, induced to go,
taken or caused to be taken or from which an attempt to procure or
take such 26[person] is made; or
(b) in the place to which he
may have gone as a result of the inducement or to which he is taken
or caused to be taken or an attempt to take him is made.
6. Detaining a person in premises
where prostitution is carried on
(1) may
person who detains 27[any other person, whether with or
without his consent],-
(a) in any
brothel, or
(b) in or
upon any premises with intent 27[that such person may
have sexual intercourse with a person, who is not the spouse of such
person,]
"shall be
punishable 27[on conviction, with imprisonment of either
description for a term which shall not be less than seven years but
which may be for life or for a term which may extend to ten years
and shall also be liable to fine:
Provided that
the court may, for adequate and special reasons to be mentioned in
the judgement impose a sentence of imprisonment for a term of less
than seven years.)
28[(2) Where any person is found with a child in a
brothel, it shall be presumed, unless the contrary is proved, that
he has committed an offence under sub-section (1).
(2A) Where a child or minor
found in a brothel, is, on medical examination, detected to have
been sexually abused, it shall be presumed, unless the contrary is
proved, that the child or minor has been detained for purposes of
prostitution or, as the case may be, has been sexually exploited for
commercial purposes.)
(3) A person
shall be presumed to detain a woman or girl in a brothel or in or
upon any premises for the purpose of sexual intercourse with a man
other than her lawful husband, if such persons with intent to compel
or induce her to remain there, -
(a) withholds
from her any jewellery, wearing apparel, money or other property
belonging to her, or
(b) threatens
her with legal proceedings if she takes away with her any jewellery,
wearing apparel, money or other property lent or supplied to her by
or by the direction of such person.
(4)
Notwithstanding any law to the contrary, no suit, prosecution or
other legal proceeding shall lie against such woman or girl at the
instance of the person by whom she has been retained, for the
recovery of any jewellery, wearing apparel or other property alleged
to have been or lent supplied to or for such woman or girl or to
have been pledged by such woman or girl or for the recovery of any
money alleged to be payable by such woman or girl.
7. Prostitution in or in the
vicinity of public places
29[(1) Any 23[Person], who carries on
prostitution and the person with whom such prostitution is carried
on, in any premises-
(a) which are
within the area or areas, notified under sub-section (3), or
(b) which are
within a distance of two hundred metres of any place of public
religious worship, educational institution, hostel, hospital,
nursing home or such other public place of any kind as may be
notified in this behalf by the Commissioner of Police or magistrate
in the manner prescribed,
shall be
punishable with imprisonment for a term which may extend to three
months.]
30[(1A) Where an offence committed under
sub-section (1) is in respect of a child or minor, the person
committing the offence shall be punishable with imprisonment of
either description for a term which shall not be less than seven
years but which may be for life or for a term which may extend to
ten years and shall also be liable to fine
Provided that
the court may, for adequate and special reasons to be mentioned in
the judgment, impose a sentence of imprisonment for a term of less
than seven years.]
(2) Any
person who-
(a) being the
keeper of any public place knowingly permits prostitutes for
purposes of their trade to resort to or remain in such place;
or
(b) being the
tenant, lessee, occupier or person in charge of any premises
referred to in sub-section (1) knowingly permits the same or any
part thereof to be used for prostitution; or
(c) being the
owner, lessor or landlord of any premises referred to in sub-section
(1), or the agent of such owner, lessor or landlord, lets the same
or any part thereof with the knowledge that the same or any part
thereof may be used for prostitution, or is wilfully a party to such
use,
shall be
punishable on first conviction with imprisonment for a term which
may extend to three months, or with fine which may extend to two
hundred rupees, or with both, and in the event of a second or
subsequent conviction with imprisonment for a term which may extend
to six months and also with fine 31[which may extend to
two hundred rupees, and if the public place or premises happen to be
a hotel, the licence for carrying on the business of such hotel
under any law for the time being in force shall also be liable to be
suspended for a period of not less than three months but which may
extend to one year:
Provided that
if an offence committed under this sub-section is in respect of a
child or minor in a hotel, such licence shall also be liable to be
cancelled.
Explanation. -For the
purposes of this sub-section, "hotel" shall have the meaning as in
clause (6) of section 2
of the Hotel Receipts Tax Act, 1980 (54 of 1980)].
32[(3) The State Government may, having regard to
the kinds of persons frequenting any area or areas in the State, the
nature and the density of population therein and other relevant
considerations, by notification in the Official Gazette, direct that
prostitution shall not be carried on in such area or areas as may be
specified in the notification.
(4) Where a
notification is issued under sub-section (3) in respect of any area
or areas, the State Government shall define the limits of such area
or areas in the notification with reasonable certainty.
(5) No such
notification shall be issued so as to have effect from a date
earlier than the expiry of a period of ninety days after the date on
which it is issued.]
8. Seducing or soliciting for
purpose of Prostitution
Whoever, in
any public place or within sight of, and in such manner as to be
seen or heard from, any public place, whether from within any
building or house or not-
(a) by words,
gestures, wilful exposure of his person (whether by sitting by a
window or on the balcony of a building or house or in any other
way), or otherwise tempts or endeavours to tempt, or attracts
endeavours or to attract the attention of, any person for the
purpose of prostitution; or
(b) solicits
or molests any person, or loiters or acts in such manner as to cause
obstruction or annoyance to persons residing nearby or passing by
such public place or to offend against public decency, for the
purpose of prostitution,
shall be
punishable on first conviction with imprisonment for a term which
may extend to six months or with fine which may extend to five
hundred rupees, or with both, and in the event of a second or
subsequent conviction, with imprisonment for a term which may extend
to one year, and also with fine which may extend to five hundred
rupees :
33[Provided that where an offence under this
section is committed by a man, he shall be punishable with
imprisonment for a period of not less seven days but which may
extend to three months.]
9. Seduction of a poison in
custody
34[***]Any person who 35[having the
custody, charge or care of, or a position of authority over, any
23[person], causes or aids or abets the seduction for
prostitution of that 23[person], 36[shall be
punishable on conviction with imprisonment of either description for
a term which shall not be less than seven years but which may be for
life or for a term which may extend to ten years and shall also be
liable to fine:
Provided that
the court may, for adequate and special reasons to be mentioned in
the judgment, impose a sentence of imprisonment for a term of less
than seven years.]
37[***]
38[10 [Release on probation of good
conduct or after due admonition]
Rep. by the
Suppression of Immoral Traffic in Women and Girls (Amendment) Act,
1986 (44 of 1986), s. 13, w.e.f. 26th. January, 1987.]
10A. Detention in a corrective
institution
(1)
Where-
(a) a female offender is found
guilty of an offence under section 7 or section 8,
39[***]; and.
(b) the
character, state of health and mental condition of the offender and
the other circumstances of the case are such that it is expedient
that she should be subject to detention for such term and such
instruction and discipline as are conducive to her correction,
it shall be
lawful for the court to pass, ii lieu of a sentence of imprisonment,
an order for detention in a corrective institution for such term,
not being less than two years and not being more than five years, as
the court thinks fit :
Provided that
before passing such an order-
(i) the court
shall give an opportunity to the offender to be heard and shall also
consider any representation which the offender may make to the court
as to the suitability of the case for treatment in such an
institution as also the report of the probation officer appointed
under the Probation of Offenders Act, 1958 (20 of 1958), and
(ii) the
court shall record that it is satisfied that the character, state of
health and mental condition of the offender and the other
circumstances of the case are such that the offender is likely to
benefit by such instruction and discipline as aforesaid.
(2) Subject
to the provisions of sub-section (3), the provisions of the Code of
Criminal Procedure, 1973 (2 of 1974), relating to appeal, reference
and revision, and of the Limitation Act, 1963 (36 of 1963), as to
the period within which an appeal shall be filed, shall apply in
relation to an order of detention under sub-section (1) as if the
order had been a sentence of imprisonment for the same period as the
period for which the detention was ordered.
(3) Subject
to such rules as may be made in this behalf, the State Government or
authority, authorised in this behalf may, at any time after the
expiration of six months from the date of an order for detention in
a corrective institution, if it is satisfied that there is a
reasonable probability that the offender will lead a useful and
industrious life, discharge her from such an institution, without
condition or with such conditions as may be considered fit, and
grant her a written licence in such form as may be prescribed.
(4) The
conditions on which an offender is discharged under sub-section (3),
may include requirements relating to residence of the offender and
supervision over the offender's activities and movements.]
11. Notification of address of
previously convicted offenders
(1) When any
person having been convicted-
(a) by a
court in India of an offence punishable under this Act or punishable
under section 363, section 365, section 366, section 366A, section
366B, section 367, section 368, section 370, section 371, section
372 or section 373 of the Indian Penal Code (45 of 1860), with
imprisonment for a term of two years or upwards; or
(b) by a
court or tribunal in any other country of an offence which would, if
committed in India, have been punishable under this Act or under any
of the aforesaid sections with imprisonment for a like term.
is within a
period of five years after release from prison, again convicted of
any offence punishable under this Act or under any of those sections
with imprisonment for a term of two years or upwards by a court,
such court may, if it thinks fit, at the time of passing the
sentence of imprisonment on such person also order that his
residence, and any change of, or absence from, such residence, after
release be notified according to rules made under section 23 for a
period not exceeding five years from the date of expiration of the
sentence.
(2) If such conviction is act
aside on appeal or otherwise, such order shall become void.
(3) An order
under this section may also be made by an Appellate Court or by the
High Court when exercising its powers of revision.
(4) Any
person charged with a breach of any rule referred to in sub-section
(1) may be tried by a Magistrate of competent jurisdiction in the
district in which the place last notified as his residence is
situated.
12. [Security for good behaviour
from habitual offenders]
Rep. by the
Suppression of Immoral traffic in Women and Girls (Amendment) Act,
1986 (44 of l986) s. 13, w.e.f. 26th. January, 1987.
13. Special police officer and
advisory body
(1) There
shall be for each area to be specified by the State Government in
this behalf a special police officer appointed by or on behalf of
that Government for dealing with offences under this Act in that
area.
40[(2) The special police officer shall not be
below the rank of an Inspector of Police.
(2A) The
District Magistrate may, if he considers it necessary or expedient
so to do, confer upon any retired police or military officer all or
any of the powers conferred by or under this Act on a special police
officer, with respect to particular cases or classes of cases or to
cases generally:
Provided that
no such power shall be conferred on-
(a) a retired police officer
unless such officer, at the time of his retirement, was holding a
Port not below the rank of an Inspector;
(b) a retired
military officer unless such officer, at the time of his retirement
was holding a post not below the rank of a commissioned
officer.]
(3) For the efficient discharge
of his functions in relation to offences under this Act-
(a) the special police officer
of an area shall be assisted by such number of subordinate police
officers (including women police officers wherever practicable) as
the State Government may think fit; and
(b) the State
Government may associate with the special police officer a
non-official advisory body consisting of not more than five leading
social welfare workers of that area (including women social welfare
workers wherever practicable) to advise him on questions of general
importance regarding the working of this Act.
41(4) The Central Government may, for the purpose
of investigating any offence under this Act or under any other law
for the time being in force dealing with sexual exploitation of
persons and committed in more than one State, appoint such number of
police officers as trafficking police officers and they shall
exercise all the powers and discharge all the functions as arc
exercisable by special police officers under this Act with the,
modification that they shall exercise such powers and discharge such
functions in relation to the whole of India.]
14. Offences to be
cognizable
Notwithstanding anything contained in 42[the Code
of Criminal Procedure, 1973 (2 of 1974)], any offence punishable
under this Act shall be deemed to be a cognizable offence within the
meaning of that Code:
Provided
that, notwithstanding anything contained in that Code,-
(i) arrest
without warrant may be made only by the special police officer or
under his direction or guidance, or subject to his prior
approval;
(ii) when the
special police officer requires any officer subordinate to him to
arrest without warrant otherwise than in his presence any person for
an offence under this Act, he shall give that subordinate officer an
order in writing, specifying the person to be arrested and the
offence for which the arrest is being made; And the latter officer
before arresting the person shall inform him of the substance of the
order and, on being required by such person, show him the
order;
(iii) any
police officer not below the rank of 42[sub-inspector]
specially authorised by the special police officer may, if he has
reason to believe that on account of delay involved in obtaining the
order of the special police officer, any valuable evidence relating
to any offence under this Act is likely to be destroyed or
concealed, or the person who has committed or is suspected to have
committed the offence is likely to escape, or if the name and
address of such a person is unknown or there is reason to suspect
that a false name or address has been given, arrest the person
concerned without such order, but in such a case he shall report, as
soon as may be, to the special police officer the arrest and the
circumstances in which the arrest was made.
15. Search without
warrant
(1)
Notwithstanding anything contained in any other law for the time
being in force, whenever the special police officer 43[or
the trafficking police officer, as the case may be,] has reasonable
grounds for believing that an offence punishable under this Act has
been or is being Committed in respect of a 26[person]
living in any premises, and that search of the premises with warrant
cannot be made without undue delay, such officer may, after
recording the grounds of his belief, enter and search such premises
without a warrant.
(2) Before
making a search under sub-section (1), the special police officer
43[or the trafficking Police officer, as the case may be]
shall call upon two or more respectable inhabitants (at least one of
whom shall be a woman) of the locality in which the place to be
searched is situate to attend and witness the search and may issue
an order in writing to them or any of them so to do:
44[Provided that the requirement as to the
respectable inhabitants being from the locality in which the place
to be searched is situate shall not apply to a woman required to
attend and witness the search.]
(3) Any
person who, without reasonable cause, refuses or neglects, to attend
and witness a search under this section, when called upon to do so
by an order in writing delivered or tendered to him, shall be deemed
to have committed an offence under section 187 of the Indian Penal
Code (45 of 1860).
45[(4) The special police officer or the
trafficking police officer, as the case may be, entering any
premises under sub-section (1) shall be entitled to remove therefrom
all the persons found therein.]
(5) The
special police officer, 47[or the trafficking police
officer, as the case may be, after removing 46[the
23[person]] under sub-section (4) shall forthwith produce
him, before the appropriate magistrate.
23[(5A) Any person who is produced before a
magistrate under sub-section (5), shall be examined by a registered
medical practitioner for the purposes of determination of the age of
such person, or for the detection of any injuries as a result of
sexual abuse or for the presence of any sexually transmitted
diseases.
Explanation -In this sub-section, "registered
medical practitioner" has the same meaning as in the Indian Medical
Council Act, 1956 (102 of 1956.]
(6) The
special police officer 47[or the trafficking police
officer, as the case may be,] and other persons taking part in, or
attending and witnessing a search shall not be liable to any civil
or criminal proceedings against them in respect of anything lawfully
done in connection with, or for the purpose of, the search.
47(6A) The special police officer or the
trafficking police officer, as the case may be, making a search
under this section shall be accompanied by at least two women police
officers, and where any woman or girl removed under sub-section (4)
is required to be interrogated, it shall be done by a woman police
officer and if no woman police officer is available, the
interrogation shall be done only in the presence of a lady member of
a recognised welfare institution or organisation.
Explanation. -For the purpose of this
sub-section and section 17A, "recognised welfare institution or
organisation" meant such institution or organisation as may be
recognised in this behalf by the State Government.]
44[7] The provision of the Code of Criminal
Procedure, 1973 (2 of 1974), shall, so far as may be, apply to any
search under this section as they apply to any search made under the
authority of a warrant issued under section 94 of the said
code.]
48[16. Rescue of person
(1) Where a
magistrate has reason to believe from information received from the
police or from any other person authorised by the State Government
in this behalf or otherwise, that 49[any person is
living, or is carrying on, or is being made to carry on,
prostitution in a brothel], he may direct a police officer not below
the rank of a sub-inspector to enter such brothel, and to remove
therefrom such 23[person] and produce him before
him.
(2) The
police officer, after removing the 23[person], shall
forthwith produce him before the magistrate issuing the order.
17. Intermediate custody of
persons removed under section 15 or rescued under section
16
(1) When the
special police officer removing a 23[person] under
sub-section (4) of
section 15 or a Police officer rescuing a 23[person]
under sub-section (l) of section 16, is for any reason unable to
produce him before the appropriate magistrate as required by
sub-section (5) of section 15, or before the magistrate issuing the
order under sub-section (2) of section 16, he shall forth with
produce him before the nearest magistrate of any class, who shall
pass such orders as he deems proper for his safe custody until he is
produced before the appropriate magistrate, or, as the case may be,
the magistrate issuing the order:
Provided that
no 23[person] shall be-
(i) detained
in custody under this sub-section for a period exceeding ten days
from the date of the order under this sub-section; or
(ii) restored
to or placed in the custody of a person who may exercise a harmful
influence over him.
(2) When the
23[person] is produced before the appropriate magistrate
under sub-section (5) of section 15 or the magistrate under
sub-section (2) of section 16, he shall, after giving him an
opportunity of being heard, cause an inquiry to be made as to the
correctness of the information received under sub-section (1) of
section 16, the age, character and antecedents of the
23[person] and the suitability of him parents, guardian
or husband for taking charge of him and the nature of the influence
which the conditions in his home are likely to have on him If he is
sent home, and, for this purpose, he may direct a probation officer
appointed under the Probation of Offenders Act, 1958 (20 of 1958),
to inquire into the above circumstances and into the personality of
the 23[person] and the prospects of his
rehabilitation.
(3) The
magistrate may, while an inquiry is made into a case under
sub-section (2), pass such orders as he deems proper for the safe
custody of the 23[person].
50[Provided that where a person rescued under
section 16 is a child or minor, it shall be open to the magistrate
to place such child or minor in any institution established or
recognised under any Children Act for the time being in force in any
State for the safe custody of children:
Provided
further that, [no 23person] shall be kept in custody for
the purpose for a period exceeding three weeks from the date of
such an order, and no 23[person] shall be kept in the
custody of a person likely to have a harmful influence over
him.
(4) Where the
magistrate is satisfied, after making an inquiry as required under
sub-section (2), -
(a) that the
information received is correct; and
(b) that he
is in need of care and protection,
he may,
subject to the provisions of sub-section (5), make an order that
such 23[person] be detained for such period, being not
less than one year and not more than three years, as may be
specified in the order, in a protective home, or in such other
custody as he shall, for reasons to be recorded in writing, consider
suitable :
Provided that
such custody shall not be that of a person or body of persons of a
religious persuasion different from that of the
23[person], and that those entrusted with the custody of
the 23[person] including the persons incharge of a
protective home, may be required to enter into a bond which may,
where necessary and feasible, contain undertakings based on
directions relating to the proper care, guardianship, education,
training and medical and psychiatric treatment of the
23[person] as well as supervision by a person appointed
by the court, which will be in force for a period not exceeding
three years.
(5) In
discharging his functions under sub-section (2), a magistrate may
summon a panel of five respectable persons, three of whom shall,
wherever practicable, be women, to assist him; and may, for this
purpose, keep a list of experienced social welfare workers,
particularly women social welfare workers in the field of
suppression of immoral traffic in 51[persons].
(6) An appeal
against an order made under sub-section (4) shall lie to the-Court
of Session whose decision on such appeal shall be final.]
52[17A. Conditions to be observed
before placing persons rescued under section 16 to parents or
guardians
Notwithstanding anything contained in sub-section (2) of
section 17, the magistrate making an inquiry under section 17 may,
before passing an order for handing over any person rescued under
section 16 to the parents, guardian or husband, satisfy himself
about the capacity or genuineness of the parents, guardian or
husband to keep such person by causing an investigation to be made
by a recognised welfare institution or organisation.]
18. Closure of brothels and
eviction of offenders from the premise
(1) A
magistrate may, on receipt of information from the police or
otherwise, that any house, room, place or any portion there of
within a distance of 53[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
54[, 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 sub-section (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
55[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 sub-section, 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.
56[19. Application for being kept
in a protective home or provided care and protection by court
(1) A
23[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 23[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 reason to be recorded, make an order that the
applicant be kept, -
(i) in a
protective home, or
(ii) in a corrective
institution, or
(ii) under
the supervision of a person appointed by the magistrate,
for such
period as may be specified in the order.]
20. Removal of prostitute from
any place
(1) A
magistrate on receiving information that any 23[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
23[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 copy
of the record aforesaid,
and the copy shall be served along with the notice on the
23[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 23[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
23[person] is a prostitute and that it is necessary in
the interests of the general public that such 23[person]
should be required to remove himself therefrom and be prohibited
from re-entering the same, the magistrate shall, by order in writing
communicated to the 23[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 23[person] has, under this section, been
required to remove himself from the place and has not obtained the
requisite permission to re-enter it, harbours or conceals such
23[person] in the place,
shall be
punishable with fine which may extend to two hundred rupees and 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.
21. Protective homes
(1) The State
Government may in its discretion establish 57[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
57[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 57[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
57[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:
58[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 57[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) Where a
licence in respect of a 57[protective home or corrective
institution] has been revoked under the foregoing sub-section such
protective home 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.
59[(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
23[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 60[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.
61[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.]
22. Trials
No court,
inferior to that of 62[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.]
63[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).
64[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 sub-section (1), as they apply to courts
established under that section.]
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 sections 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.]
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 rule, may provide for-
(a) the notification of any
place as a public place ;
65[(b) the placing in custody of persons for whose
safe custody orders have been passed under sub-section (1) of
section 17 and their maintenance;]
66(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;]
67[(c) the detention and keeping in protective
homes or, as the case may be, in corrective institutions of
51[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 ;
68[(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
69[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 institutions,
(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
1[person] found to be incorrigible or exercising bad
influence upon other inmates of the 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
69[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 69[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.
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 Reformatory Schools Act, 1897 (8 of 1897), or any State Act
enacted in modification of the said Act or otherwise relating to
juvenile offenders.
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 69[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 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'.
70[THE SCHEDULE]
[See section 2(c)]
|
Section |
Magistrate competent to exercise the powers |
|
7(1) |
District Magistrate |
|
11(4) |
Metropolitan Magistrate or Judicial Magistrate of the
first class |
| |
71[***] |
|
15(5) |
Metropolitan Magistrate, Judicial Magistrate of the
first class, District Magistrate or Sub-Division
Magistrate. |
|
16 |
Metropolitan
Magistrate, Judicial Magistrate of the first class, District
Magistrate or Sub-Divisional Magistrate. |
|
18 |
District Magistrate or Sub-Divisional Magistrate. |
|
19 |
Metropolitan Magistrate, Judicial Magistrate of the
first class, District Magistrate or Sub-Divisional
Magistrate. |
|
20 |
District Magistrate, Sub-Divisional Magistrate or any
Executive Magistrate specially empowered by the State
Government. |
|
22B |
Metropolitan Magistrate or Judicial Magistrate of the
first class.] |
Foot Notes
1. This Act
has been extended to Dadra and Nagar Haveli, w.e.f. 1st. July, 1965
by Reg. 6 of 1963, to Goa, Daman and Diu by Reg. 11 of 1963 and to
the Union Territory of Pondicherry by Act 26 of 1968.
2.
Substituted by Act 44 or 1986, w.e.f. 26th. January, 1987 for the
words "suppression of immoral traffic in women and girls".
3.
Substituted , ibid., w.e.f. 26th. January, 1987, for the words
"Suppression of Immoral Traffic in Women and Girls".
4. Appointed
day is 1st. May, 1958, vide G.S.R. 269, dated 16th. April, 1958 vide
notification in GOI, Part II, Sec. 3(i), page 203.
5. Inserted
by Act 46 of 1978, w.e.f. 2nd. October, 1979.
6.
Substituted by Act 44 of 1986 for the words "of prostitution",
w.e.f. 26th. January, 1987.
7. Inserted,
ibid., w.e.f. 26th. January, 1987.
8. Clause
(aa) relettered as clause (b), ibid., w.e.f. 26th. January,
1987.
9.
Substituted, ibid., for the words "women and girls", w.e.f. 26th.
January, 1987.
10. Substituted, ibid., for the words
"female undertrials", w.e.f. 26th. January, 1987.
11. Clause
(b) omitted, ibid., w.e.f. 26th. January, 1987.
12.
Substituted by Act 46 of 1978 for clause (c), w.e.f. 2nd. October,
1979.
13. Inserted
by Act 44 of 1986, w.e.f. 26th. January, 1987.
14. Clause
(e) omitted by Act 46 of 1978, w.e.f. 2nd. October, 1979.
15.
Substituted, ibid., for clauses (f) and (g), w.e.f. 2nd. October,
1979.
16.
Substituted by Act 44 of 1986, for clause (f), w.e.f. 26th. January,
1987.
17.
Substituted, ibid., for earlier clause (j), w.e.f. 26th. January,
1987.
18. Inserted
by Act 46 of 1978, w.e.f. 2nd. January, 1979.
19. Inserted
by Act 44 of 1986, w.e.f. 26th. January, 1987.
20.
Substituted, ibid., for the words "a woman or girl", w.e.f. 26th.
January, 1987.
21. Inserted,
ibid., w.e.f. 26th. January, 1987.
22.
Substituted by Act 46 of 1978, for earlier sub-section (2), w.e.f.
2nd. October, 1979.
23.
Substituted by Act 44 of 1986, for the words "woman or girl", w.e.f.
26th. January, 1987.
24.
Substituted, ibid., w.e.f. 26th. January, 1987.
25.
Sub-section (2) omitted by Act 44 of 1986, w.e.f. 26th. January,
1987.
26.
Substituted, ibid., for the words "woman or girl", w.e.f. 26th.
January, 1987.
27.
Substituted, ibid., w.e.f. 26th. January, 1987.
28.
Substituted, ibid., for the earlier sub-section (2), w.e.f. 26th.
January, 1987.
29.
Substituted by Act 46 of 1978 for sub-section (1), w.e.f. 2nd.
October, 1979.
30. Inserted,
ibid, w.e.f. 26th. January, 1987.
31.
Substituted, ibid, for the words "which may extend to two hundred
rupees", w.e.f. 26th. January, 1987.
32. Inserted
by Act 46 of 1978, w.e.f. 2nd. October, 1979.
33. Added by
Act 44 of 1986, w.e.f. 26th. January, 1987.
34. Brackets
and Figures "(1)" omitted, ibid., w.e.f. 26th. January, 1987.
35.
Substituted by Act No. 46 of 1978, w.e.f. 2nd. October, 1979.
36.
Substituted, ibid., w.e.f. 26th. January, 1987.
37.
Sub-section (2) omitted, ibid., w.e.f. 26th. January, 1987.
38.
Substituted by Act 46 of 1978, for earlier section 10, w.e.f. 2nd.
October, 1979.
39. Certain
words omitted by Act 44 of 1986, w.e.f. 26th. January, 1987.
40.
Substituted by Act 46 of 1978 for sub-section (2), w.e.f. 2nd.
October, 1979.
41. Inserted
by Act 44 of 1936, w.e.f. 26th. January, 1987.
42.
Substituted by Act 46 of 1978 for certain words, w.e.f. 2nd.
October, 1979.
43. Inserted
by Act 44 of 1986, w.e.f. 26th. January, 1987.
44. Inserted
by Act 46 of 1973, w.e.f. 2nd. October, 1979.
45.
Substituted by Act 44 of 1986, for sub-section (4), w.e.f. 26th.
January, 1987.
46.
Substituted by Act 46 of 1978, for the words "the girl", w.e.f. 2nd.
October, 1979.
47. Inserted,
ibid, w.e.f. 26th. January, 1987.
48.
Substituted by Act 46 of 1978, for sections 16 and 17, w.e.f. 2nd.
October, 1979.
49. Substituted by Act 44 of 1986, ibid. for earlier clauses (a) and (b), w.e.f. 26th. January, 1987.
50.
Substituted, ibid., for the words "Provided that", w.e.f. 26th.
January, 1987.
51.
Substituted by Act 44 of 1986, for the words "women and girls",
w.e.f. 26th. January, 1987.
52. Inserted
by Act 44 of 1986, w.e.f. 26th. January, 1987.
53.
Substituted by Act 46 of 1978, for the words "two hundred yards",
w.e.f. 2nd. October, 979.
54. Inserted
by Act 44 of 1986, w.e.f. 26th. January, 1987.
55.
Substituted, ibid., for the words "expiry of one year", w.e.f. 26th.
January, 1987.
56.
Substituted by Act 46 of 1978, for earlier section 19, w.e.f. 2nd.
October, 1979.
57.
Substituted by Act 46 of 1978, w.e.f 2nd. October, 1979.
58. Inserted,
ibid., w.e.f. 2nd. October, 1979.
59. Inserted
by Act 46 of 1978, w.e.f. 2nd. October, 1979.
60.
Substituted by Act 46 of 1978, w.e.f. 2nd. October, 1979.
61. Inserted
by Act 44 of 1986, w.e.f. 26th. January, 1987.
62.
Substituted by Act 46 of 1978, w.e.f. 2nd. October, 1979.
63. Sections
22A and 22B inserted, ibid., w.e.f. 2nd. October, 1979.
64. Inserted
by Act 44 of 1986, w.e.f. 26th. January, 1987.
65.
Substituted by Act 44 of 1986 for earlier clause (b), w.e.f. 26th.
January, 1987.
66. Inserted
by Act 46 of 1978, w.e.f. 2nd. October, 1979.
67.
Substituted, ibid., for earlier clause (c), w.e.f. 2nd. October,
1979.
68.
Substituted by Act 46 of 1978 for earlier clause (g), w.e.f. 2nd.
October, 1979.
69.
Substituted by Act 44 of 1986, w.e.f. 26th. January, 1987.
70. Inserted
by Act 46 of 1978, w.e.f. 2nd. October, 1979.
71. Omitted
by Act 44 of 1986, w.e.f. 26th. January, 1987.