ANDHRA PRADESH (TELANGANA AREA) NON-MULKI PROSTITUTES AND DANCING GIRLS ACT, 1350

21 of 1350

24th Aban, 1350

Whereas it is expedient to enact a law relating to non-mulki prostitutes and dancing girls; it is hereby enacted as follows :-

Section 1 Short title commencement and extent

This Act may be called the Andhra Pradesh (Telangana Area) Non-mulki Prostitutes and Dancing Girls Act, 1350F. and it shall come into force in the Telangana area of the State of Andhra Pradesh from the date of its publication in the Official Gazette.

Section 2 Definitions

In this Act, unless there is anything repugnant in the subject or context,--

(a) `non-mulki prostitute' shall mean a prostitute whose continuous residence in the area to which this Act extends has been for less than fifteen years;

(b) `non-mulki dancing girl' shall mean a woman whose continuous residence in the area to which this Act extends has been for less than fifteen years and whose main occupation is dancing and singing whether she lives in prostitution or not;

(c) `temporary residence licence' shall mean a licence granted under this Act to a non-mulki prostitute or non-mulki dancing girl;

(d) `permanent residence licence' shall mean a licence granted under this Act to a non-mulki prostitute or a dancing girl;

(e) `licensee' shall mean a non-mulki prostitute or a non-mulki dancing girl to whom a residence licence has been granted under this Act.

Section 3 Non-mulki prostitute or dancing girl not to reside without obtaining residence licence

No non-mulki prostitute or dancing girl shall carry on her occupation, within the limits of the City of Hyderabad or of any district in the area to which this Act extends without obtaining a residence licence.

Section 4 Application for obtaining residence licence

Any non-mulki prostitute or a non-mulki dancing girl desiring to carry on or continue her occupation within the city of Hyderabad or any district in the area to which this Act extends shall, in case she arrives after the commencement of this Act, apply in writing within four days from the date of her arrival, and in case she had been residing there, within one month from the date of commencement of this Act, in the city of Hyderabad to the Commissioner of City Police, and in a district to the Superintendent of Police, for grant of a residence licence.

Section 5 Residence licence

(1) On an application being made under Section 4, the Commissioner of City Police or the Superintendent of Police may, in his discretion and according to the circumstances, issue the residence licence applied for or refuse to grant it without assigning any reasons.

(2) The residence licence may, while specifying the house or locality, also required in licensee to reside in a particular house or locality.

Section 6 Result to grant licence

If a licence is refused, the applicant shall, within seven days from the date of refusal, remove herself from the local limits within which she has not been permitted to reside. In case of default the authority competent to grant licence shall take action against the applicant under sub-section (2) of Section 8.

Section 7 Term of temporary residence licence and its cancellation

(1) The term of licence granted under Section 5 to a newly arrived non-mulki prostitute shall be one month and of a licence granted to a newly arrived dancing girl shall not exceed six months. But the licence may, from time to time, be renewed if the conduct of the licensee is not otherwise objectionable.

(2) Where the misconduct of a licensee is likely to disturb public peace and if there are sufficient reasons to suspect that a non-mulki dancing girl is indulging more in prostitution than in her main occupation, the authority competent to grant licence, may, cancel the licence before the expiry of its term.

Section 8 Effect of cancellation of licence

(1) When a licence is cancelled or it expires under sub-section (2) of Section 7 or sub-section (3) of Section 9, the authority competent to grant licence shall direct the licensee to go out of its jurisdiction within a specified period which shall not be less than seven days.

(2) Where an order passed under sub-section (1) is not complied with within the specified period or when compliance therewith is refused, the authority competent to grant licence shall remove the defaulter in police custody from his jurisdiction. Where a woman is so removed, a report in respect of her removal shall be forwarded to the office-in-charge of a police-station to whose jurisdiction she has been removed.

Section 9 Permanent residence licence

(1) Where a licensee, having obtained a temporary residence licence had resided continuously for one year, or, a non-mulki prostitute or a non-mulki dancing girl, who had resided in the City of Hyderabad or any district the area to which this Act extends for one year before the commencement of this Act and her conduct had not been otherwise objectionable, desires to reside permanently or continue her occupation, the Commissioner of City Police in the City of Hyderabad, and in any district of the area to which this Act extends the Superintendent of Police, may, on her application in writing, grant her a permanent residence licence

.

(2) When a licensee under sub-section (1) leaves the area to which this Act extends for a period of more than fifteen days, she shall, before her departure and immediately after her return, inform the authority competent to grant licence, of the dates of her departure and return.

(3) When a licensee under sub-section (1) does not furnish the requisite information in accordance with sub-section (2) or resides outside the area to which this Act extends continuously for six months, her permanent residence licence shall expire and such woman shall revert to her original status.

Section 10 Nature, trial and punishment of offences

(1) A non-mulki prostitute or non-mulki dancing girl who carries on her occupation within the limits of the City of Hyderabad or any district of the area to which this Act extends without obtaining a residence licence, shall be punishable with fine which may extend to two hundred rupees and in case she continues the same even after conviction, the authority competent to grant licence may take action against her under sub-section (2) of Section 8.

(2) An offence under this section shall be tried and punished by a Magistrate of the Second Class and be cognizable and bailable.

Section 11 Power to make rules

(1) The Government may make rules to carry out the purposes of this Act.

(2) The Government may, without prejudice to the generality of sub-section (1), make rules in regard to the following matters

(a) a register for regulating the mode of living and movements of a licensee, it form and entries;

(b) the charges on removal under sub-section (2) of Section 8 and defrayal thereof;

(c) forms of licence;

(3) Central Act of 1872 The court shall, in accordance with Section 4 of the Indian Evidence Act, 1872 make presumptions as to the accuracy of the entries of the register mentioned in clause (a) of sub-section (2).