or authority maintaining any protective home at the
commencement of this Act shall be allowed a period
of six months from such commencement to make
an application for such licence: [Provided also that
a person or authority maintaining any corrective
institution at the commencement of the Suppression
of Immoral Traffic in Women and Girls (Amendment)
Act, 1978 (46 of 1978), shall be allowed a period of
six months from such commencement to make an
application for such licence.]
(4) Before issuing a licence the State Government may
require such officer or authority as it may appoint for
this purpose, to make a full and complete investigation
in respect of the application received in this behalf
and report to it the result of such investigation and in
making any such investigation the officer or authority
shall follow such procedure as may be prescribed.
(5) A licence, unless sooner revoked, shall remain
in force for such period as may be specified in the
licence and may, on application made in this behalf at
least thirty days before the date of its expiration, be
renewed for a like period.
(6) No licence issued or renewed under this Act shall
be transferable.
(7) Where any person or authority to whom a
licence has been granted under this Act or any agent
or servant of such person or authority commits a
breach of any of the conditions thereof or any of
the provisions of this Act or of any of the rules made
under this Act, or where the State Government
is not satisfied with the condition, management
or superintendence of any 4[protective home or
corrective institution], the State Government may,
without prejudice to any other penalty which may
have been incurred under this Act, for reasons to
be recorded, revoke the licence by order in writing:
Provided that no such order shall be made until an
opportunity is given to the holder of the licence to
show cause why the licence shall not be revoked.
(8) Where a licence in respect of a [protective home
30
or corrective institution] has been revoked under the
foregoing sub-section such protective home shall
cease to function from the date of such revocation.
(9) Subject to any rules that may be made in this
behalf, the State Government may also vary or amend
any licence issued or renewed under this Act.
[(9A) The State Government or an authority
authorised by it in this behalf may, subject to any rules
that may be made in this behalf, transfer an inmate of
a protective home to another protective home or to
a corrective institution or an inmate of a corrective
institution to another corrective institution or to a
protective home, where such transfer is considered
desirable having regard to the conduct of the person to
be transferred, the kind of training to be imparted and
other circumstances of the case: Provided that,—
(a) no [person] who is transferred under this subsection shall be required to stay in the home or
institution to which [he] is transferred for a period
longer than 7[he] was required to stay in the home or
institution from which [he] was transferred;
(b) reasons shall be recorded for every order of
transfer under this sub-section.]
(10) Whoever establishes or maintains a [protective
home or corrective institution] except in accordance
with the provisions of this section, shall be punishable
in the case of a first offence with fine which may
extend to one thousand rupees and in the case of
second or subsequent offence with imprisonment
for a term which may extend to one year or with fine
which may extend to two thousand rupees, or with
both.
Magistrates, in such district or metropolitan
area.3[22A. Power to establish special courts.—(1) If
the State Government is satisfied that it is necessary
for the purpose of providing for speedy trial of
offences under this Act in any district or metropolitan
area, it may, by notification in the Official Gazette and
after consultation with the High Court, establish one or
more Courts of Judicial Magistrates of the first class,
or as the case may be, Metropolitan Magistrates, in
such district or metropolitan area.”
(2) Unless otherwise directed by the High Court, a
court established under sub-section (1) shall exercise
jurisdiction only in respect of cases under this Act.
(3) Subject to the provisions of sub-section (2), the
jurisdiction and powers of the presiding officer of a
court established under sub-section (1) in any district
or metropolitan area shall extend throughout the
district or the metropolitan area, as the case may be.
(4) Subject to the foregoing provisions of this section a
court established under sub-section (1) in any district
or metropolitan area shall be deemed to be a court
established under sub-section (1) of section 11, or
as the case may be, sub-section (1) of section 16, of
the Code of Criminal Procedure, 1973 (2 of 1974), and
the provisions of the Code shall apply accordingly in
relation to such courts. Explanation.—In this section,
“High Court” has the same meaning as in clause (e) of
section 2 of the Code of Criminal Procedure, 1973 (2 of
1974).]
If the State Government is satisfied that it is
necessary for the purpose of providing for speedy
trial of offences under this Act in any district or
metropolitan area, it may, by notification in the Official
Gazette and after consultation with the High Court,
establish one or more Courts of Judicial Magistrates
of the first class, or as the case may be, Metropolitan
18
16
means any labour or service rendered under the
bonded labour system.
17
means a labourer who incurs, or has, or is presumed
to have, incurred, a bonded debt.
(g) “bonded labour system” means the system of
forced, or partly forced, labour under which a debtor
enters, or has, or is presumed to have, entered, into
an agreement with the creditor to the effect that,-- (i)
19