2016:Mah.XII ]

Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and
Bar  Rooms and Protection of Dignity of Women (working therein) Act, 2016.

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XII  OF 2016.

THE MAHARASHTRA PROHIBITION
OF  OBSCENE  DANCE  IN  HOTELS,
RESTAURANTS  AND  BAR  ROOMS  AND
PROTECTION  OF  DIGNITY  OF  WOMEN
(WORKING  THEREIN)  ACT,  2016.

(As modified upto 31st August 2018)

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE,
MUMBAI 400 004.

2018

[PRICE : Rs. 24-00 ]

Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and
Bar  Rooms and Protection of Dignity of Women (working therein) Act, 2016.

[ 2016:Mah.XII

THE  MAHARASHTRA PROHIBITION  OF  OBSCENE  DANCE  IN  HOTELS,
RESTAURANTS  AND  BAR  ROOMS  AND  PROTECTION  OF  DIGNITY  OF
WOMEN  (WORKING  THEREIN)  ACT,  2016.

PREAMBLE.

SECTIONS.

CONTENTS

PAGES

1. Short  title,  extent  and  commencement.

2. Definitions.

3. Permission for hotel, restaurant and bar room.

4.

Licensing Authority.

5. Conditions  for  grant  of  licence.

6. Eligibility  for  licences.

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7. Act  in  addition  to  other  law  and  not  in  derogation.

8. Punishment  for  offences.

9. Power  to  suspend,  revoke  or  cancel  licence.

10. Appeal to  Appellate Commmittee.

11. Revision.

12. Grievance Redressal mechanism.

13. Delegation of powers.

14. Power  to  make  rules.

15. Power  to  remove  difficulties.

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16. Deletion  of  section  33A  of  the  Maharashtra  Police  Act.

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(G.C.P.)  H  1096—  (2068—10-2018)

2016:Mah.XII ]

Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and
Bar  Rooms and Protection of Dignity of Women (working therein) Act, 2016.

1

MAHARASHTRA ACT  No.  XII  OF  20161

[ THE  MAHARASHTRA  PROHIBITION  OF  OBSCENE  DANCE 

IN

HOTELS,  RESTAURANTS  AND  BAR  ROOMS  AND  PROTECTION  OF
DIGNITY  OF  WOMEN  (WORKING  THEREIN)  ACT,  2016.]

  (This  Act  received  the  assent  of  the  Governor  on  the  14th  April
2016;  assent  first  published  in  the  Maharashtra  Government  Gazette,
Part  IV,  on  the  16th  April  2016.)

An  Act  to  provide  for  prohibition  of  obscene  dance  in  hotels,
restaurants,  bar  rooms  and  other  establishments  and  to  improve  the
conditions of work,  protect the dignity and safety of women in such places
with a view to prevent their exploitation.

 WHEREAS it is expedient to provide for prohibition of obscene dance
in hotels, restaurants, bar rooms and other establishments and to improve
the conditions of work, and protect the dignity and safety of women in
such places with a view to prevent their exploitation; it is hereby enacted
in the Sixty-seventh Year of the Republic of India as follows :—

1.

(1)  This  Act  may  be  called  the  Maharashtra  Prohibition  of
Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of
Dignity of Women (working therein) Act, 2016.

Short title,
extent and
commencement.

(2) It extends to the whole of the State of Maharashtra.
(3)  It shall come into force on such date* as the State Government

may, by notification in the Official Gazette, appoint.

2.

In this Act, unless the context otherwise requires,—
(1) “alcoholic beverage” means any potable beverage consisting

Definitions.

of or containing liquor or  an intoxicant ;

(2) “Appellate Committee” means the Committee consisting of
the  Additional  Chief  Secretary/Principal  Secretary/Secretary
(Appeals  and  Security),  Home  Department;  Additional  Chief
Secretary/Principal  Secretary/  Secretary  of  Women  and  Child
Development  Department  and  the  Additional  Director  General  of
Police or his representative not below the rank of Inspector General
of Police or concerned Commissioner of Police ;

(3) “bar room” means a place, to which the owner or proprietor
admits  the  public  and  where    dances  are  staged  by  or  at  the
instance  of  the  owner  or  proprietor  of  such  establishment  for  the
entertainment of customers ;

(4) “dancer” means any artist performing dance on the stage or

in any part of the premises ;

(5) “establishment” means a shop, commercial establishment,
bar rooms, residential hotel, restaurant, eating house, theatre, or other
place of public amusement or entertainment, and includes such other
establishment as the State Government may, by notification in the
Official Gazette, declare to be an establishment for the purposes of this
Act ;

1.

For Statement of Objects and Reasons, See Maharashtra Government Gazette, Part V-A, dated
the 27th March 2018, page 26-27.

* This Act came into force vide G..N.H.D., No. MIS. 0416 / CR. 65 / SPL-5, dated 18th April 2016.
H  1096—1a

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Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and
Bar  Rooms and Protection of Dignity of Women (working therein) Act, 2016.

[ 2016:Mah.XII

(6) “hotel”  or  “restaurant”  means  any  establishment  where
alcoholic  beverages  are  sold  for  the  profit  or  gain  of  the  owner  or
proprietor for consumption by customers thereat ;

(7) “licensing  authority”  means  the  authority  empowered  for

granting of licences under section 4 ;

(8) “obscene dance” means a dance that is obscene within the
meaning of section 294 of the Indian Penal Code and any other law
for the time being in force and shall include a dance,–

45 of
1860.

(i) which is designed only to arouse the prurient interest of

the audience ; and

(ii) which  consists  of  a  sexual  act,  lascivious  movements,
gestures for the purpose of sexual propositioning or indicating
the availability of sexual access to the dancer, or in the course of
which, the dancer exposes his or her genitals or, if a female, is
topless ;
(9) “owner” or “proprietor” means any person who owns or has
the  management,  control  or  charge  of  the  management  of  an
establishment  and  includes  an  employer  as  defined  under  the
Maharashtra Shops and Establishments Act ;

LXXIX of
1948.

(10) “place” includes a establishment, house, building, tent and

any means of transport whether by sea, land or air ;

(11)  “prescribed” means prescribed by rules made under this Act.

3. No person shall start hotel, restaurant, bar room or any other
place where dances are staged, without obtaining a licence under this Act
and without complying with the conditions and restrictions imposed by
the Act and the rules.

4.  (1)  The  following licensing authority shall have power to grant

licences under this Act, namely :–

Permission
for hotel,
restaurant
and bar
room.

Licensing
Authority.

(i) in Brihan Mumbai and other areas for which a Commissioner
of Police is appointed under section 7 of the Maharashtra Police Act,
the Commissioner of Police; and

XXII of
1951.

(ii) in other areas, the Superintendent of Police of the respective

district.

(2) Notwithstanding anything contained in sub-section (1),  the State
Government may, by notification in the Official Gazette, appoint such other
authorities as it may specify in the notification, to be the licensing authorities
for the purposes of this Act.

5. The  licensing  authority  shall  not  grant  licence  under  this  Act

unless  it is satisfied that,–

 (a) the conditions prescribed by this Act and the rules have been

complied with by the applicant,

Conditions
for grant of
licence.

2016:Mah.XII ]

Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and
Bar  Rooms and Protection of Dignity of Women (working therein) Act, 2016.

3

(b) adequate conditions of work and provisions for safety in re-
spect of women employed in the hotel, restaurant or bar room as pre-
scribed have been provided, and

(c) adequate precautions have been taken in the place, in respect
of which the licence is to be given, to provide for the safety of the
persons visiting such place.

6.

(1) A person desirous to obtain the licence under this Act shall
fulfil the eligibility criteria as prescribed and shall make an application
complete in all respect in the format prescribed.

Eligibility for
licences.

(2) The  licensing  authority  may,  if  it  deems  fit,  grant  the  licence
under this Act to such person, on payment of such fees and on such terms
and conditions and subject to such restrictions as may be prescribed. The
licencing authority may, after recording the reasons in writing, refuse to
grant any such licence :

Provided that, the licensing authority shall take a decision on the
application within a period of one month from the date of the receipt of
application complete in all respect.

(3) The licence shall be issued to the eligible applicant in the format

prescribed under the signature of licensing authority.

XXII of
1951.

(4) Notwithstanding anything contained in the Maharashtra Police
Act, no licence shall be granted for Discotheque or Orchestra, in the place
for which  the licence under this Act is granted, nor a licence shall be
granted under this Act for the place for which a licence for Discotheque or
Orchestra has been granted.

7.    The  provisions  of  this  Act  shall  be  in  addition  to  and  not  in
derogation of the provisions of any other law, for the time being in force.

8.

(1) The owner or proprietor or manager or any person acting on
his behalf, who uses the place in contravention of section 3 shall, on con-
viction, be punished with imprisonment for a term which may extend to
five years or fine which may extend to rupees twenty-five lakhs, or with
both; and in case of continuing offence, further fine of rupees twenty-five
thousand for each day during which the offence continues.

(2) The owner or proprietor or manager or any person acting on his
behalf, shall not allow any obscene dance or exploit any working woman for
any immoral purpose in any place and the person committing such act shall,
on conviction, be punished with imprisonment for a term which may ex-
tend to three years or a fine which may extend to rupees ten lakhs, or with
both; and in case of continuing offence, further fine which may extend to
rupees ten thousand for each day during which the offence continues.

(3) The offences under sub-sections (1) and (2) shall be cognizable
and non-bailable and triable by a Judicial Magistrate of the First Class.

Act in addition
to other law
and not in
derogation.

Punishment
for offences.

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Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and
Bar  Rooms and Protection of Dignity of Women (working therein) Act, 2016.

[ 2016:Mah.XII

(4) No  person  shall  throw  or  shower  coins,  currency  notes  or  any
article or anything which can be monetized on the stage or hand over
personally or through any means coins, currency notes or any article or
anything which can be monetized, to a dancer or misbehave or indecently
behave with the working women or touch her person, in any place. Any
person who commits such act or abets the commission of such acts shall,
on conviction,  be punished with imprisonment for a term which may ex-
tend to six months or a fine which may extend to rupees fifty thousand, or
with both.

(5) The  offence  punishable  under  sub-section (4)  shall  be  non-
cognizable and bailable and triable by a Judicial Magistrate of the First Class.
(6) Any person who contravenes any of the provisions of this Act for
which no other punishment has been provided, shall, on conviction, be
punished with imprisonment for a term which may extend to three months
or fine which may extend to rupees twenty-five thousand, or with both.

9.

(1) The licensee or any person acting on his behalf shall follow

all the licence conditions prescribed throughout the licence period.

(2) In the event of any contravention by the licensee, any of the pro-
vision of this Act or the rules made thereunder, or of any of the condition
or restriction subject to which the licence has been granted to him under
this Act, or in the event of his conviction for an offence under this Act, the
licensing authority may, by order, suspend,  revoke or cancel the licence
for such period as it may think fit :

Provided that, no such licence shall be suspended, revoked or can-
celled unless, the holder thereof has been given a reasonable opportunity
of being heard.

(3) In case the licensee commits the offences under this Act for three

times, the licence shall be liable to be cancelled permanently.

10.

(1) Any person aggrieved by an order of the licensing authority
refusing to grant a licence under section 6, or suspension, revocation or
cancellation of any licence under section 9, may appeal to the Appellate
Committee, within such period as may be prescribed, and the Appellate
Committee shall on such appeal, make such order as it thinks just and
proper, within such period as may be prescribed.

(2)  The order passed under sub-section (1) shall be final.
11. The State Government may, either on its own motion or, upon
an application made by an aggrieved person within such period as may
be prescribed, call for and examine the record of any order made by  the
licensing authority under this Act and pass order thereon as it thinks just
and proper :

Provided that, —

(i) when the application under this section is rejected by  the State

Government  the reasons for such rejection shall be recorded; and

(ii) before any order is passed under this section, which is likely
to  affect any person, a reasonable opportunity of being heard shall
be given to him :

Power to
suspend,
revoke  or
cancel licence.

Appeal to
Appellate
Committee.

Revision.

2016:Mah.XII ]

Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and
Bar  Rooms and Protection of Dignity of Women (working therein) Act, 2016.

5

Provided further that, where appeal is filed under section 10, no

revision shall be entertained under this section.

12.

(1) The  State  Government  shall  constitute  a  Grievance
Redressal Committee to ensure that the conditions of service of women
working in the hotel, restaurant, bar rooms and establishment to which
the provisions of this Act apply are duly observed. The committee shall
redress the grievances of such women in such manner as may be pre-
scribed.

(2) The committee shall consists of such officers of the Government,

not below the rank of Group-A Officers as may be prescribed.

(3) The manner in which such committee shall exercise its powers

and discharge its functions shall be such as may be prescribed.

Grievance
redressal
mechanism.

13. The State Government may, subject to such restrictions and con-
ditions  as  it  may  impose,  by  notification  in  the Official  Gazette,
delegate to the Director General of Police, its powers under section 11.

Delegation
of powers.

14.

(1) The State Government may, by notification in the Official

Gazette, make rules to carry out the purposes of this Act.

Power to
make rules.

(2) Every rule made under this section shall be laid, as soon as may
be after it is made, before each House of the State Legislature 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 in which it is so laid or the session immediately following, both
Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, and notify their decision to that effect in
the Official Gazette, the rule shall, from the date of publication of such
notification in the Official Gazette, have effect only in such modified form
or be of no effect, as the case may be; so, however, that any such modifica-
tion or annulment shall be without prejudice to the validity of anything
previously done or omitted to be done under that rule.

15.

(1) If any difficulty arises in giving effect to the provisions of
this  Act,  the  State  Government  may,  as  occasion  arises,  by  an  order
published in the Official Gazette, do anything not inconsistent with the
provisions of this Act, which appears to it to be necessary or expedient for
the purpose of removing the difficulty :

Provided that, no such order shall be made under this sub-section
after the expiry of a period of two years from the date of commencement of
this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as

may be, after it is made, before each House of the State Legislature.

16. Section 33A of the Maharashtra Police Act shall be deleted.

XXII of
1951.

GOVERNMENT CENTRAL PRESS, MUMBAI

Power to
remove
difficulties.

Deletion of
section 33A
of the
Maharashtra
Police Act.

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