District Magistrate Jammu issues order regulating Spa and Massage Centres

JAMMU: In order to regulate the functioning of Spa and Massage Centres and to prevent misuse of such establishments for unlawful and immoral activities, the District Magistrate Jammu, Dr. Rakesh Minhas, has issued an order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The order has been promulgated in view of reports that certain spa and massage centres operating in district Jammu were allegedly being used for immoral activities, prostitution and other unlawful acts, thereby posing a threat to public order and safety.

The order defines a Spa/Massage Centre as any premises, establishment, shop, clinic or commercial space, by whatever name called, which offers or claims to offer massage, body therapy, spa therapy, wellness therapy, relaxation services, ayurvedic therapy, physiotherapy (other than those run by qualified registered medical practitioners) or similar services, whether for consideration or otherwise. The directions issued shall apply to all such establishments operating within the territorial jurisdiction of district Jammu.

As per the order, engaging in any form of immoral activity within the premises has been strictly prohibited. Cross-gender massage shall not be permitted and there shall be provision of male masseurs for massage of males and female masseurs for massage of females only. The order further stipulates that no internal locks, latches, bolts or locking mechanisms shall be installed in treatment rooms and that spa or massage services shall not be provided behind locked doors. Installation of CCTV cameras at entry points, reception areas and common areas, excluding private rooms, has been made mandatory with a minimum recording retention period of thirty days.

The order also directs that no centre shall operate before 8:00 AM and after 9:00 PM. No female employee shall use the premises as residence or for night stay. Supply or consumption of alcohol or any other intoxicant within the premises has been prohibited. Mandatory production of valid identity proof by all customers shall be ensured and a proper register containing their contact details shall be maintained. All employees shall wear identity cards issued by the employer during working hours and the employer shall maintain a register of all employees. No employee below eighteen years of age shall be engaged. Further, all owners, managers and employees, including therapists, receptionists and support staff, must undergo police verification.

The order also mandates that display boards in both English and Hindi shall be installed at appropriate places at the reception containing the site plan of the premises, the category-wise number of beds for male and female sections and details of employees including their designation and qualifications. Owners and managers have been directed to submit an affidavit in the form of an undertaking to the nearest police station within ten days, confirming compliance with all the prescribed conditions.

It has been stipulated that any spa or massage centre found violating the order shall be liable for immediate closure and sealing, in addition to prosecution of the owners, managers and employees under relevant laws, including the Bharatiya Nyaya Sanhita and the Immoral Traffic (Prevention) Act. The Senior Superintendent of Police, Jammu, has been directed to ensure effective enforcement of the order, while Sub-Divisional Magistrates and Tehsildars have been instructed to conduct periodic inspections of such establishments within their respective jurisdictions and submit compliance reports to the Office of the District Magistrate.

The order has come into force with immediate effect and shall remain operative for a period of eight weeks from the date of issuance, unless withdrawn, modified or rescinded earlier. The District Administration has reiterated its commitment to maintaining public order and ensuring that all commercial establishments operate strictly in accordance with the law.