Section 18. Closure of brothel and eviction of offenders from the premises

18. Closure of brothel and eviction of offenders from the premises. —(1) A magistrate may, on receipt of information from the police or otherwise, that any house, room, place or any portion thereof within a distance of[[5]] [two hundred metres] of any public place referred to in sub-section ( 1 section 7, is being run or used as a brothel by any person or is being used by prostitutes for carrying on within a distance of[[5]] [two hundred metres] of any public place referred to in sub-section (1) of 1. Subs. by Act 44 of 1986, s. 4, for "woman or girl" (w.e.f. 26-1-1987). 2. Subs. by s. 18, ibid ., "Provide that" (w.e.f. 26-1-1987). 3. Subs. by s. 4, ibid ., for "women and girls" (w.e.f. 26-1-1987). 4. Ins. by s. 19, ibid . (w.e.f. 26-1-1987). 5. Subs. by Act 46 of 1978, s. 13, for "two hundred yards" (w.e.f. 2-10-1979). 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[1] [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 subsection (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[2] [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 subsection, 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. 3[19. Application for being kept in a protective home or provided care and protection by court. —(1) A[4] [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[4] [person] be kept in such custody as he may consider proper, having regard to the circumstances of the case. 1. Ins. by Act 44 of 1986, s. 20 (w.e.f. 26-1-1987). 2. Subs. by s. 20, ibid., for "expiry of one year" (w.e.f. 26-1-1987). 3. Subs. by Act 46 of 1978, s. 14, for section 19 (w.e.f. 2-10-1979). 4. Subs. by Act 44 of 1986, s. 4, for "woman or girl" (w.e.f. 26-1-1987). (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 reasons to be recorded, make an order that the applicant be kept,— (i) in a protective home, or (ii) in a corrective institution, or (iii) under the supervision of a person appointed by the magistrate, for such period as may be specified in the order.]