Section 6 in Bengal Suppression of Immoral Traffic Act, 1933
6. Power to order discontinuance of house, room or place as brothel, etc. - (1) If the Commissioner of Police or Superintendent of Police receives information that any house, room or place -
(a)is being used as a brothel or disorderly house, or for purpose of carrying on prostitution, in the vicinity of any educational institution or of any boarding house, hostel or mess used or occupied by students, or of any place of public worship or recreation, or(b)is used as, or for the purpose, aforesaid to the annoyance of inhabitants of the vicinity, or(c)is used, as, or for the purpose, aforesaid on any main thoroughfare which has been notified as such in this behalf by the [State Government] on the recommendation of -(i)the Corporation of Calcutta, if the thoroughfare is situated within its jurisdiction, or(ii)the Commissioners of any Municipality, within whose jurisdiction the through fare is situated, made in pursuance of a resolution of the Commissioners of the Municipality, or(d)is used as a common place of assignation, he may cause a notice to be served on the owner, lessor, manager, lessee, tenant or occupier of the house, room or place or all of them, to appear before him, either in person or by agent, on a date to be fixed in such notice, and to show cause why, on the grounds to be stated in the notice, an order should not be made for the discontinuance of such use of such house, room or place.(2)If, on the date fixed, or on any subsequent date to which the hearing may be adjourned, the Commissioner of Police or Superintendent of Police is satisfied after making such inquiry as he thinks fit, that the house, room or place is used as described in clause (a), (b), (c) or (d) of sub-section (1), as the case may be, he may direct by order in writing to be served on such owner, lessor, manager, lessee, tenant or occupier, that the use as so described of the house, room or place be discontinued from a date not less than fifteen days from the date of the said order and be not thereafter resumed.(3)No house, room or place, concerning which an order has been made under sub-section (2), shall again be used or, be allowed to be used, in any manner described in clause (a), (b), (c) or (d) of sub-section (1), as the case may be, and the Commissioner of Police or Superintendent of Police, if he is satisfied that such house, room or place is again used in such manner, may by order in writing to be served on the owner, lessor, manager, lessee, tenant or occupier of such house, room or place direct that the use as so described of such house, room or place be discontinued within a period of seven days and be not thereafter resumed.(4)For the purposes of this section the decision of the Commissioner of Police or Superintendent of Police that a house, room or place is used in any manner, or for any purpose, described in clause (a), (b), (c) or (d) of sub-section (1) shall be final, and the legality or propriety thereof shall not be questioned in any trial or judicial proceeding in any Court.(5)Whoever, after an order has been made by the Commissioner of Police or Superintendent of Police under sub-section (2) or sub-section (3) in respect of any house, room or place, uses, or allows to be used, such house, room or place in a manner which contravenes such order after the period stated therein, shall be punished with fine which may extend to fifty rupees for every day after the expiration of the said period during which the breach continues, and shall, on a second conviction for the same offence, be punished with imprisonment for a term which may extend to six months in addition to, or in lieu of, any fine imposed.(6)For the purpose of an inquiry under this section the Commissioner of Police or Superintendent of Police may depute any police officer not below the rank of an inspector to make a local investigation, and may take into consideration his report thereon.(7)The Commissioner of Police and the Superintendent of Police shall maintain a register in which shall be entered a description of all houses, rooms and places in respect of which an order has been made under this section. Such register shall be open to inspection by the public on payment of the prescribed fee.(8)Notwithstanding anything contained in any other law for the time being in force, the owner or lessor of any house, room or place, in respect of which an order has been made on the lessee, tenant or occupier thereof directing the discontinuance of the use thereof as a brothel or disorderly house or for the purpose of carrying on prostitution, or as a common place of assignation, shall be entitled forthwith to determine such lease, tenancy or occupation.(9)No proceedings shall be taken under this section in respect of premises which are the subject of any proceedings under section 4 or within six months of the termination of such proceedings.
