Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (working therein) Act, 2016
No: 12 Dated: Apr, 16 2016
THE MAHARASHTRA PROHIBITION OF OBSCENE DANCE IN HOTELS, RESTAURANTS AND BAR ROOMS AND PROTECTION OF DIGNITY OF WOMEN (WORKING THEREIN) ACT, 2016
ACT No. XII OF 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. Short title, extent and commencement:- (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.
(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. Definitions:- In this Act, unless the context otherwise requires,—
(1) “alcoholic beverage” means any potable beverage consisting 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 ;
(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,–
(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 ;
(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