Assam Act 4 of 1936
ner317
Published in the Assam Gazette of the 1st July, 1936.
Adapted by Meghalaya.
An Act to provide for the discontinuance of brothels and disorderly houses in certain localities in Assam
Preamble. - Whereas it is expedient to make provisions for the discontinuance of brothels and disorderly houses in certain localities in Assam;
And whereas the previous sanction of the Governor-General has been obtained under sub-section (3) of Section 80-A of the Government of India Act to the passing of this Act;
It is hereby enacted as follows:
- Short title, commencement and extent.- (1) This Act may be called "The Assam Disorderly Houses Act, 1936".
(2) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint in this behalf.
(3) It extends only to the areas in Assam in which the Eastern Bengal and Assam Disorderly Houses Act, 1907, is before the passing of this Act, in force and the State Government may, by notification in the official Gazette extend to any tracts and districts or any part thereof all or any provisions of this Act.
- Repeal.- The enactment "the Eastern Bengal and Assam Disorderly Houses Act, 1907" is hereby repealed in its application to Assam.
- Power to summon owner, etc., of brothel.- When any Magistrate of the First Class, receives information-
(a) that any house in the vicinity of any educational institution or of any boarding house, hostel or mess, used or occupied by students is used as a brothel or for the purpose of habitual prostitution, or as a disorderly house, or
(b) that any house is used as aforesaid to the annoyance of the inhabitants of the vicinity, or
(c) that any house in the vicinity of cantonment is used as a brothel or for the purposes of habitual prostitution,
he may summon the owner, tenant, manager, or occupier of the house to appear before him either in person or by agent to show cause why the use of such house should not be discontinued for any of the purposes or in any of the ways described in this section.
- Order for discontinuance.- If the Magistrate is satisfied that the house is used as described in Clause (a), Clause (b) or Clause (c), as the case may be, of the foregoing section, he may, by written order, direct such owner, tenant, manager or occupier within a period to be stated in such order not less than five days from the date thereof, to discontinue such use.
- Failure to appear.- If the owner, tenant, manager or occupier after being duly summoned, does not appear in person or by agent on the day fixed for his appearance, the Magistrate may pass an order under the foregoing section ex parte.
- Initiation of proceedings.- Proceedings under Section 4 shall be instituted only-
(a) with the sanction or by order of the District Magistrate of the District; or
(b) on the report of the Chairman of a Municipal Board in pursuance of a resolution passed by the said Board at a meeting;
(c) on the complaint of three or more persons occupying separate holding in the vicinity of a brothel or disorderly house to which the complaint refers.
- Penalty.- If after the period stated in an order under Section 4, the house is used in any of the ways described in Section 3, the person against whom the order has been passed shall be punishable with fine which may extend to twenty-five rupees for every day after the expiration of that period during which the house is so used:
Provided that no fine shall be imposed on an owner if he is able to prove to the satisfaction of the Magistrate that he has taken such action as is within his power to comply with the order.
- Power to inspect house.- When the use of a house in any of the ways described in Section 3 has been directed by an order under Section 4 to be discontinued, it shall be lawful for the District Magistrate, by an order in writing, to authorise any officer not below the rank of a Sub-Inspector of Police to enter and inspect the said house at any time at the expiration of the period specified in order under Section 4, for the purpose of satisfying himself that the order is being complied with.
