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<font face="verdana" size="2"> <p align="center"><font face="verdan... http://wcd.nic.in/act/itpa1956.htm 14 of 23 24/07/2013 3:45 p.m. 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 section7 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 sub-section, 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. COMMENTS If the magistrate is satisfied that house, room, place, or portion therof is being used as a brothel or for carrying on prostitution then he may pass orders directing, - the occupier to evict the house, room, place or portion; a. the owner, lessor or landlord or his agent not to let the house, room, place or portion without his previous approval; or b. that the house, room, place or portion shall not be leased out, or otherwise given possesion of, to or for the benefit of the person. c. Sub-section (2) : A court which convicts a person of any offence under Section 3 or 7, may pass orders under sub-section (1) straightway. Sub-section (3): No order passed either under sub-section (1) or under sub-section (2) shall be appealable and liable to be stayed or set aside by any court. The order shall cease to have validity after the expiry of 1 year or 3 years, as the case may be. While setting aside a conviction under Section 3 or 7 on appeal, the Appellate Court must set aside the order of the Trial Court passed under sub-section (2). Sub-section (4) : Any lease or agreement under which the house, room, place or portion is occupied at the time of passing an order under sub-section (1) or sub-section (2) shall become void and inoperative. Sub-section (5) : An owner, lessor or landlord, or his agent, - who fails to comply with a direction given under sub-section (1) (b), shall be liable to be punished with fine upto Rs. 500/-; or a. who fails to comply with a direction under the proviso to sub-section (1), shall be liable to be prosecuted under section 3(2) (b) or Section 7(2)(c), as the case may be. b. 1[ 19. Application for being kept in a protective home or provided home or provided care and protection by court.- (1) A 2[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 - <font face="verdana" size="2"> <p align="center"><font face="verdan... http://wcd.nic.in/act/itpa1956.htm 15 of 23 24/07/2013 3:45 p.m. kept in a protective home, or a. provided care and protection by the court in the manner specified in sub-section (3). b. (2) The Magistrate may, pending inquiry under sub-section (3), direct that the 2[person] be kept in such custody as he may consider proper, having regard to the circumstances of the case. (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, - in a protective home, or i. in a corrective institution, or ii. under the supervision of a person appointed by the magistrate, for such period as may be specified in the order]. iii. COMMENTS After an inquiry and for reasons to be recorded, the magistrate may make an order that the applicant be kept ,- in a protective home, or i. in a corrective institution, or ii. under the supervision of a person appointed by him, for a period specified in his order]. iii. Removal of prostitute from any place.- (1) A magistrate on receiving information that any 1[person] residing in or frequenting any place within the local limits of his jurisdiction is a prostitute, may record the substance of the information received and issue a notice to such 1[person] requiring him to appear before the magistrate and show cause why he should not be required to remove himself from the place and be prohibited from re-entering it. (2) Every notice issued under sub-section (1) shall be accompanied by a copy of the record aforesaid, and the copy shall be served along with the notice on the 1[person] against whom the notice is issued. (3) The magistrate shall after the service of the notice referred to in sub-section (2), proceed to inquire into the truth of the information received, and after giving the 1[person] an opportunity of adducing evidence, take such further evidence as he thinks fit, and if upon such inquiry it appears to him that such 1[person] is a prostitute and that it is necessary in the interests of the general public that such 1[person] should be required to remove himself therefrom and be prohibited from re-entering the same, the magistrate shall, by order in writing communicated to the 1[person] in the manner specified therein, require him after a date (to be specified in the order) which shall not be less than seven days from the date of the order, to remove himself from the place to such place whether within or without the local limits of his jurisdiction, by such route or routes and within such time as may be specified in the order and also prohibit from re-entering the place without the permission in writing of the magistrate having jurisdiction over such place. (4) Whoever - fails to comply with an order issued under this section, within the period specified therein, or whilst an order prohibiting him from re-entering a place without permission is in force, re-enters the place without such permission, or a. knowing that any 1[person] has, under this section, been required to remove himself from the place and has not obtained the requisite permission to re-enter it, harbours or conceals such 1[person] in the b.