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Section 23: Power to make rules

The Immoral Traffic (Prevention) Act, 1956Union territory Act of Delhi · Act 0 of 1950

(1) The State Government may, by notification in the official Gazette, make rules for carrying on the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for :

(a) the notification of any placeas a public place;

(b) the placing in custody of persons for whose safe custody orders have been passed under sub-section (1) of Section 17 and their maintenance;

(bb) the discharge of an offender under sub-section (3) of Section 10-A from a corrective institution and the form of licence to be granted to such offender;

(c) the detention and keeping in protective homes or, as the case may be, in corrective institutions or person under this Act and their maintenance;

(d) the carrying out of the provisions of Section 11 regarding notification of residence or change of or absence from residence by released convicts;

(e) the delegation of authority to appoint the special police officer under sub-section (1) of Section 13;

(f) the carrying into effect of the provisions of Section 18;

(g) (i) the establishment, maintenance, management and superintendence of protective homes and corrective institutions under Section 21 and the appointment, powers and duties of persons employed in such home or institution;

(ii) the form in which an application for a licence may be made and the particulars to be contained in such application;

(iii) the procedure for the issue or renewal of a licence, the time within which such licence shall be issued or renewed and the procedure to be followed in making a full and complete investigation in respect of an application for licence;

(iv) the form of a licence and the condition to be specified therein;

(v) the manner in which the accounts of a protective home and a corrective institution shall be maintained and audited;

(vi) the maintenance of registers and statements by a licensee and the form of such registers and statements;

(vii) the care, treatments, maintenance, training, instruction, control and discipline of the inmates of protective home and corrective institutions;

(viii) the visits to and communications with inmates;

(ix) the temporary detention of persons sentenced to detention in protective homes or in corrective institution until arrangements are made for sending them to suchhomes or institutions;

(x) the transfer of an inmate from:

(a) protective home to another, or to a corrective institution,

(b) one corrective institution to another, or to a protective home, under sub-section (9-A) of Section 21;

(xi) the transfer in pursuance of an order of the Court from a protective home or a corrective institution to a prison of a person found to be incorrigible or exercising bad influence upon other inmates of the protective home or the corrective institution and the period of her detention in such prison;

(xii) the transfer to a protective home or corrective institution of persons sentenced under Section 7 and the period of their detention in such home or institution;

(xiii) the discharge of inmates from a protective home or corrective institution either absolutely or subject to conditions, and their arrest in the event of breach of such conditions;

(xiv) the grant of permission to inmates to absent themselves for short periods;

(xv) the inspection of protective homes and corrective institutions and other institutions in which a persons may be kept, detained and maintained;

(ga) number of the members of the Authority and the manner in which such members shall be chosen for appointment under sub-section (2) of section 13B;

(gb) the term of office of the members of the Authority and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members under sub-section (4) of section 13B;

(h) any other matter which has to be, or may be prescribed.

(3) In making any rule under clause (d) or clause (g) or sub-section (2), the State Government may provide that a breach thereof be punishable with fine which may extend to two hundred and fifty rupees.

(4) All rules made under this Act shall, as soon as may be after they are made, be laid before the State Legislature.

23A. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for,—

(a) the number of the members of the Authority and the manner in which such members shall be chosen for appointment under sub-section (2) of section 13A;

(b) the term of office of the members of the Authority, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by the members under sub-section (4) of section 13A.

(3) Every rule made by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Where this provision sits

ActThe Immoral Traffic (Prevention) Act, 1956
Section23
Marginal notePower to make rules
JurisdictionUnion territory of Delhi
StatusIn force as published by the source

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