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6. Customer shall not be permitted to thrown or shower coins, currency notes or any article or anything which can be monetized on the stage in the direction of the dancer. Customers may, however, make payment of a tip in appreciation of all the dancers by adding a sum to the amount of the bill. Such tip shall be paid by the licensee to the dancers of that evening and under no circumstances such sum shall be deducted from the monthly salary.

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(SCC p. 31, para 19) “19. The expression ‘in the interest of general public’ is of wide import comprehending public order, public health, public security, morals, economic welfare of the community and the objects mentioned in Part IV of the Constitution.” xx xx xx
55. The SNDT Report also shows that only 17.40% of the bar girls are from the State of Maharashtra. The bar owners have been exploiting the girls by sharing the tips received and also capitalising on their performance to serve liquor and improve the sales and business. Again reliance is placed on the observations made in PRAYASReport at p. 47 which is as under:

50) Conditions B(7) and B(8) are questioned on the premise that women dancers are indirectly prohibited from receiving tips, rewards or remuneration offered by their patrons, is unreasonable, excessive, manifestly arbitrary and violates Articles 14 and 19 of the Constitution. The suggestion from the State Government that tips could be added to the bill or handed over to waiters is irrational.

51) Condition B(9) wherein the dance performances are restricted to 6:00 pm to 11:30 pm is challenged as unreasonable and manifestly arbitrary. It is irrational and manifestly arbitrary to prohibit dances after 11:30 pm, when the establishments can be open until 01:30 am (next day) or 12:30 am (next day), as the case may be 16.

93) This provision is to be read with condition Nos. 6, 7 and 8 of Part B. It makes throwing or showering coins, currency notes or any article or anything which can be monetized on the stage or handing over personally such notes, to a dancer is banned and treated as an offence. Further stipulation in these provisions is that any tip to be given should be added in the bill only and is not to be given to the performers etc. The justification given by the State is that showering of money etc. is a method of inducement which has to be curbed keeping in view that Act aims to protect the dignity of women. According to the respondents, Section 354A of IPC which is a moral code of the society and the State is only attempting to preserve this moral code by enacting such a provision. We are of the opinion that insofar as throwing or showering coins, currency notes etc. is concerned, the provision is well justified as it aims at checking any untoward incident as the aforesaid Act has tendency to create a situation of indecency. Therefore, whatever money, any appreciation of any dance performance, has to be given, can be done without throwing or showering such coins etc. However, there may not be any justification in giving such tips only by adding thereto in the bills to be raised by the administration of the place. On the contrary, if that is done, the person who is rightful recipient of such tips may be denied the same. Further, State cannot impose a particular manner of tipping as it is entirely a matter between an employer and performer on the one hand and the performer and the visitor on the other hand. We, therefore, uphold the provision insofar as it prohibits throwing or showering of coins, currency notes or any article or anything which can be monetised on the stage. However, handing over of the notes to the dancers personally is not inappropriate. We also set aside the provision of giving the tips only by adding the same in the bills.