The Haryana Prevention of Beggary Act, 1971 (9 of 1971)
Haryana · state statute
Open in Lexace · Ask the AI about this act-
58U970: Haryana Act 30
(d) the manner in which and the rate at which t'ils a,d
faxes shall be imposed, assessed and collected ;
(e) the rnanner in which, the fee on payment of which and
the authority by which sare certificates shail be issued
under section 9 ;
(l) the form and manner in which, the payment of fee on
which and the authority by which licences referred to
in sub-section (2) of section 10 shall be issued ;
(g) the manner in which and the fee on payment of which
the Deputy Commissioner shall revise an order of
suspension or cancellation of a broker's licence under
sub-section (5)of section l0;
(h) the manner in which distress and sare of animars for
movable property shall be made under sub_section (2/
of section l5 ;
(i) the manner in which the Cattle Fair Fund shall be
constituted and operated in each district and matters
connected with the proper aclministration.of such
Fund;
(/ sanitation and control of diseases in fair area ; and
(k) any other purpose for which rules are required to be or
may be made.
(3) Every rule made under this section shall be laid as soon as
may be after it is made before the House of the state Legislature while it is in session for a total period of ten clays which may be Jomprised in one session or in two successive sessions ; and if before the expiry of the session in which it is laid or the session immediately following, the House agrees in making any modification in the,rure or the House agrees 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.
23. The provisions of this Act shail have effect notwithstanding anything inconsistent therewith contained in an1, other law for the time
CATTLE FAIRS
Act to
override
other las,s
7971 z Haryana Act 9J pREVENTToN oF BEGGARy59
THE HARYANA PREVENTION OF BEGGARY
ACT, I97I
Tearr or,CoNrrNrs
Sections !
l. Short title , extent and commencement.
2. Definirions.
3. Power to rrrrest.
4. Summary inquiry before detention.
5. Penalty for begging after detention.
6. Power of Court to detain dependents,
7. Report of Medical Officer before committal,
8. Punishment for escape from Certified Institution.
9. Penalt-v for employing persons for begging.
i0. Bonds.
I L Appeal.
12. Power to release.
13. Reception Centres.
14. Certified Institutions.
15. Search in Reception centres and certified Institutions.
16. Management and discipline.
17. Disciplinary imprisonmenr.
18. Appointment of chief Inspector and other authorities.
19. Transfer from one Reception Centre or Certified Institution to another.
20. Release on licence.
21. Revocation of licence.
Page
60
Sections :
23.
24.
25,.
26.
27.
28.
29.
30.
31.
32.
PREVENTION OF BEGGARYU97l: Haryana Act 9
Page
Medical Examination and detention of leprosy
patients and lunatics.
Transfer between Certi flied Institutions.
Seizure and disposal of animals.
Offences to be cognizable and non-bailable.
Per.sons to be deemed public servants.
Visiting Committee,
Advisory Committee.
Protection of action taken under this Act.
Power to make rules.
Removal of difficulties.
l97l z [naryana A.ct 9]PREVENI'ION OF BECGARY
'.THI, HAYr\NA P}TEVEI{TION OF BIIGGAI{. Y AC]', i 97 1
(HRRvarua Ac.r l{o. 9 or l97l)
llleceived the asser$ o.f the (]ovenutr oJ' Ilarytanu otx the
.lSth of Marc'h, 197.1 anr! lirst publisheel in the. Ilalyantr
(i ci, e rnment G azette ( Extrnorditrury ),
AN
ACT
to provide for th,e preventiott of be gging, d.etention, training artd
enryiloyrneli r;.1'beggat's and the.ir deyte.nclents irt Certified
Institution cintl the ci.tstotly, triul utd punishnrcru
aJ'beggar oJfenders.
BE it enacted by the l-egislature of the State ol' llaryana in the
Twenty-second Year of the Republic of India, as follows :.--'
1. (1) T'tris Act may be called the Hayana Pi'evention of Beggary
Act, 197I.
(2) lt extends to the rvhole of the State of Flaryana.
(3) ltshall corne into force in any areaof the State, on such date
or dates as the State Govetnment may by notification appoint in this behalf
for thilt area.
2. In this Act, unless the context othewise requires :---
(a) "beggitr" means any person who is found begging ; '
6r
Short titlc,
extent and
commence-
ment.
of tu{a.rclt 18, 197I l
I)-t4
YearNo.Shtirt titleWhethor repealed crr otherwise
aflected by Legislation
191 tc)The Flaryana
Prevetrtir:u of
13eggary
Act,197l
Amended by llaryana Act2l of 19752
l. For statemcnt <>f Objects and Reasons, .sec Haryana (i<tvernment Gazette
IJefinitiorrs.
62pREVENuoN oF BEGGARv L1,971 ; [Iaryana Act 9
(b) "beggtng" rr,eans-*
(i) soliciting or receiving alnrs in a irutrlic lrlacc whettrer
or nct under any pletence, such as singitig, dancing,
fonune-tel'ling. perfor:ning rncks or selling attiules :
(i i.) having no visible means of subsistence and wandcring
about or remainipg in any public pizice in such condition
or manner as nrakes it likely that the person doing so
exists by solicitrng cr receiving ahns ;
(iirJ entering on any privaie premises fbr the purpose of
soliciting orreceiving alms ;
(lv) exposing or exhibiting, with the object o1'obtaining or
extotting alms, any sore, wound, injury, def'ormity or
disease whether of a human being or of an animal ; or
(v/ allowing oneself to be used as an exhibit for the purpose
of soliciting orreceiving alms ;
but does not include sr"rlicitiug r:r receiving money or
foori or gifts for a purpsoe autliorised by any law, or
authorised in the manner prescribed ;
(c) "Certified lnstituiion" n'leans any institution which the State
Covernmetrt ptovides anc! maintains fbr the detention,
training anrl employrnent of Lreggars and their dependents
and inch"rdes a Cetitled llome ancl Special Horne ;
(d) "Certified Home" means a home certilied hy the State
Govcmment or by nny sulxrrdinate autltority empowered
Lry it in this belialf to be a tit place for the reception and
detention of beggars, suffering frorn leprosy or any other
inf'ectiorls or contagious disease notified in this behalf by
the State. Gtlvernment;
ie) "Chief Inspector" means the person appointed to be the
Chief inspector of Ceftified Institutions under section I 8 ;
1971 z f,laryana Act 9l PREVllNrloN oF BEGCARY 63
(g)..Court,'meanstlrecourtofaJudiciall\llagistrateofany
class exercising crimiiral,iurisdiction in the area in which
{h) "Gtarc}ian" flteans a person r'vho looks :ttter or takes care
of a chiid in thc absence of, or in the evcnt of the death
of his Parents ,
(i) ,,imprisoflmDnt" rneans ngorous or simpic imprisorrrnetrt
as described in section 53 of the Indian Penal Code, 1860
(XI-V of 1860) ;
(.f) "Parent" means the father or the mother of a child ;
(k) "Police Ofiicer" means a police officer not below the
rartk of an Assistant Sub-Inspector ;
(/) "prescribed" means prescribecl by rules made under this
. Acri
(m) "Prabation Officer" rneans an officer appointed to be a
Probatiou Officer under section 18 ;
(D) ..pubiic place" means ;rncl inclrrcles iiny piace or precincts
thereof to which for the time being the public have or
are petrrritted to have arl access, whether on payment or
otherwise anrJ irrcludes a passenger bus artd a railway
cornPartmeht ;
(o) "Reception Centre" means an institution for tlre rcceptlol]
and ternporary detention of beggars prbvided hy ttre
State Governrnent, or certifiecl to be such r'indet'
,r, Ilil;ol'**"" rleans a home notitled t'v rt'" st't*
Govcrnrnent as suitable for the reception and detention
of beggars. nclt physically capable of doing manual iabour
but not suffering tiorn leprosy or any other infectious or
contagious disease; and I I
(q) ,.superintendent'i means a superintendent of a Reception
Centre or a Certified Institution' as the case rnay be'
i
i
Summary
inquiry
before
detenti0n.
64 pRirvENTroN o[: BECTcARy UgT l: Haryana Act g
Provicled that no perso* iouncl begging on any premises. not being
a public place shall he so an'ested or shali be Iiahle to any proceeclings
uncer this Act except on a compraint rnade by thc oc,cirpier or suih
Pretnises.
(2) such Porice officer or other person shall take or sencl rhe
..Frerson so arrested to the nearest police station :
Provided that the other prerson may h.antl h.im over to a Folice officer
if he finds it convenient.
(3) 'The provisions of '[section 57 of the code of criminar
Frocedure, 1973) shall apply to arrest mad.e under this section and the
officer-in-charye of ',he pclice sta'iion shall cause the a-rrested person to be
kei:t in the prescriLred manner untir he is brought before a court.
4. (i I where a person is brought before a court under sectio, -?,
the court shali make a sumrnary inquiry in the prescribed rnanner as regards
the allegation thar he was founcl begging,
(2) if the inquiry referred to in sub-section //) cannot be
conrpleted lbrthi,vith, r.he court may adjourn it from tirne to tirne ancl order
the person to be remaniled tc such prace and custociy as nlay be convenient
or i:elease him on a bail bond, rvith or without sureties.
(:i) If on making the inquiry rei'erred to in sub-secrion (1), rrie
court is not satisfied that the person was founcl begging it shall order that
such person be released forthwith.
(1) rf 'on making the inquiry referred to irr sub-section (1), the
court is satisfii,:d,rthat such person was fountJ beggirrg it shall record a
fincling that the person is a beggar ancr convict him acclrdingty.
(-5) The court shall order the person convrcted under sub-
section (4) to be detained in a certified Institurtion in accordance with
the provisions of section '7 fbr a period of not less than one year and
not more than two years ;
Provided that if the court is satisfied from the t:ircumstances of
the case that such person is not likely to beg again, it rnay release him
after due admonition on ii l'rond for his abstaining from hegging, being
executed with or without suretics, as thc court may require, by thc
beggar or any other person whom the court co,sicrers suitat:le :
Provided l'urther that il'the Lreggar is a minor, the Lronci shall he
\971 z lfanyann Act 9l pREVrjNrroN oF nECCAny
(5J ln passing an order under thrs secri,f,n, the coun shall
have regard to tlie follcru,,ing r:onsiclerations :---
(a) tha age and cha'acter ol' the beggar ;
(b) thecircumstances anci c:onditions in which the beggar
is living;
repor,t, if any, made by the Pr.otration Of{'rcer ; ancl
such other matiers as mAy, in the opinion of the court,
requirc to be taken into consideration in the interest of,
the beggar.
(v) The repolt of the Probati.n Gfticer or any other repr,rt
considered by the court shall he treated as confldentiai :
I'rovided that if such repoft relates to the character, health or contluct
of', or the circumsrances and conditions in r,virich the beggar is living, the
court may if it thinks expedient so to do comrnunicate the suhstance
thereof'to the beggar or, if the beggar is clepenrlent tc his parenrs or
guardian, if any. andmay give the beggarorthe parent orguardian, as rhe
case nlay be, an opportunity of producing eviclence which may be relevant
to the mrlttel's stated in the rcpoft.
(8) A copy of the order made under sub-section (.i/ shall be
sent fbrthwith by the court to the Chief Inspector.
(9) Norwithstanding anything containeci in this section, when \the person founcl to be a beggar as aforesaicl is a chil<j, the court shall not
rnake any order under sub-seotion (5/ but forward the child to r[a Boarci
constituted under secticn 3 of the Haryana children Act, 1974J, tor
being dealt with under that Act. fior the purpose r:l'ascertaining the age
of the beggar, the court miiy, if necessary, cause him to he exarnined
by a medica.l officer.
5' (/l Whoever having been"previousiy cletained.rn a Certified penatty
Institution ltt accr:rdance with the provisions of section 4 is founcl begging
begging again shall on conviction be punishaLrle as is hercirrafter dertenti<t
provided in this section. ,
(2,) when a person is convictecl fbr'thc sccond timc tlrc c.urt
shall order him to be cletained in a Certiflecl Institution for a period not less
65
(c)
kr)
I
Power of
c0rrrt t()
dstain
dependents.
Il.eport ol'
Medical
Oflicer before
committal.
66 pRi.ivEN'r'roN oF BEGcAIIv [1971 : llaryana rtct 9
(3) When a pel'son is con',ricted fbr the ttrirJ or subsequent
tirne, the ctiurt shall ordel hirrr to be detaineci l-ot'a period of tive )'eilI-s in
the Clertified Institution and tnay cr:nvert any peiod of such detention, noi
e:xceeciing one year, into a sentence ol'imprisonnlent :
Provided that the total period of deterition and irnprisonrnent, if
any, shall n0i exceed five years.
(t. (1) When thr: c:clurt has orclered tlre cletention of a tr:eggar in a
Certii'iecl Instittrtion under seciion 4 or section 5, it ,'nay after rnaking such
inrlurry as it thinks [it. order aily person who is wholiy <lepcndent on such
heggar to bc detained in a Certifred Instit'-rtion for a like period :
Providecl that befr.rre sucl-r an order is macie such depenCent or his
parents or guar'dian, if any, as the case may be, shall be giveri an opportunity
of showing cause why it shor"rld not be made.
(2) Where the dependent person is a child above the age of
five years, ihe couri shall forward him to'[a Board constituted uncier
section 3 of the l:Iaryana Children r\ct" 1974, for being dealt with under
that Act.j
7. (1) 'l-he court which finds a person t<l be guilty under section 4
or section 5 shall, trcfore passing any sentenc:e of his committal to a
Certified Institution, send such person to the rnedical oificer incharge of
the local Civil Hospital or to the medical of'ficer attached to a Certified
lnstitution, if any, and call for a report aLrout his age, physical capacity
for ordinary manual labour and aiso wltether he is suff'ering from tiny
infectious or contagious disease.
(2) It the rnerJical officer certifies that the said person is not
ii child, is physicaily capable of ordinary manual labour and is not
suffering from any infectious or contagi<tus clisease, the court shall
pass a sentenco ['or a conttnittal of such person to a Cel'tified lnstitution.
(:.?) If the medical officer reports that the said pet'son is
physically incapable of ordinary manua! !abour hut is not suffering
from any infectious or contagious disease, the r:ottrt shall pass a sentence
tor committal of such person [o a Special Home.
(4) It the medicai officer reports thar the said person is
sul'fbring frorn any infcctious or contagious disease, the court shall
pzlss a sentence lbr c6nlmittel of such person io a Certified Hqme.
19V I : [Ian1'ana Act 9]PREVUNI'ION OF BE]CGARY
8. Whoever escapes, from a Certified Institution to lvhich he
has been committed cn conviction lrnrler the provisions of this Aat
betore the expiry of tlre period fbr which he ha..i becn cornmitied, shall
be punishalrle with iinprisonrnent which may extend to tlrrce mrNrths.
9" Whoever employs or causes any persori ttl solicit r)r receivc
aims, or vrhoever traving the custody, charge or care of a child, connives
a[ cr encourages the errrployment cr the causing of a chilel to solicit or
receive alrns or whoever uses another person as an exhibit for the
purpose of begging, shall on ctxviction be pr"urished with imprisonrnent
for a term whiclr rn;ry extend to three years br:t r.vhich shall not be less
than one ycar.
10. The provisions r:f r[Chapter XXXTTI of the Corle of Criminal
Procedure, 19737, shall so far as may be, apply to bonds taken under
this Act.
11. An appeal or revision shall lie as providecl in 1[Chapters XXIX
ancl XXX of i.he Code of Criminal Ptocedure . 19731, from any crder of
detention made under this Aci. The lieriod rif detention shall tre deemed
to be a scntence of imprisorlment for the same 1rcriod.
12" If the State Governrnent at $ny tirne, of its own motion or on
application made to it, is satisfied that a person convicteci under section
4 or sectirin 5 and conrniitted to a Certified Institution hhs been cured
of the ihsease <x is in a fit state of health t$ earn his !iving or is <lthet"wise
fit to be discharged bef'ore the expiry of tl're period for which he has
been c;olnmitted, the State Go'rernment may by order, dir:ect that the
person so detained shall be released subject to such restrictions and
conditions, if any, as rnay, be sper:ified in the orrler.
13" The State (iovernment may provicle and rnaintain one oi more
R.eoeption Centres at such place or places as it thinks fit, and may
certify any institution to be a Reception C"entre lbr the pulposes of this
Act.
14" ( I ) The State Govemment may provide and maintain one or
more Clertified Institr"rtions at such place or places as it thinks fit, and
may certify any institution to be a Certified Institution fbr the purposes
ol'ihis Act. Any such Certified institution mty also provicle for thr:
teaching of agricultural, inclustrial and other pursuits, and lbr the gencral
orl',,.^r.l^- ,'^A *^A'.,,.'l ,'.,*^ ^f tL- l**,,+^^
67
Punisltrne
tirr esc:apr
frrlnr
Certified
Institutiot
Penaity fi
emplr.ryin;
peison for
begging.
Ilonds.
Appeal.
Fower to
release.
Recepticr
Centres.
Certifiec
I ns(itutitr
r
PREVENTION OF I]ECGARY[197] : flaryana Act 9
Ssarch in
ReceJrtion
Centres and
Certif ied
Institutions.
Ivlanagement
aricl
disciplinc.
Disciplinary
imprisr.in,
ment.
Appointrncnt
<.lf Chief
Insprector
and othcr.
authorities.
(2) F.v"cry certified Institi-rtion and Reception cer:trc shall be under the clrarqe ,:f a Superintenclent.
15. The superintendent of a Receptio,r centre or a Cerrified Institution may order that any pcr.on receive$ in rhe Rectrptio' ce*tre or ce.rified Instit*tir>n shall be searchetl, cleansed, that his glersonai
etfbcis shall be inspecfed, and that airy money r:r valuables f.ound with or on the saicl person shall be kept in the custociy of sur:h supe.dnrendent,
and tha.t any eff-ects other tlran money or valuahles so furur.rd shall bc dispr.rsecl of in the prescribed *onn"r. where an order of cietention is passecl by the couft against any such person, the superintencrent may order that any money or ,6rssf1"s founcl with or oii tt'," said person shall be disposed of in the prescribed manner. where the court passes
an order other than an order of detention r,vith regard to any such person. his money and vaiuables shall be rerurned ,o iii* ana ir his c'iothing has been ciestroyecr,. he shalr be pr'vicred with fresh crothing. The expenses clf providing such clothing shall bc borne
^hy
the state Goven'lment :
Provideci that a femare shail be searched onry by a femare witrr due clecency.
16. Persons remantlecr to, o. cretained in, Receptio^ centr.es and Certified Insritritions unrler this Act shall be subjeci to such rules of managernent and discipline including the inrposition of marrual or other work and awarding r:f, punishment as may, from time to time, be prescribed
17" Without pre.judice ro any <iiscrplinar.y action that may bo taken uncle' the section irnmecliatery preceding, the chief Inspector, the Inspectoror superintendent may rcport to the court the case of any person detained in a certifieri Instit*tiorr ,,vho wilfuHy disobeys or neglects to i,,mply witrr any rure refen.ecr to in that section ; and the court may thereupon, if satified that the said person has wirfuriii disolicyed or neglected to compry with ,ny ,u*h rure, convert the balance of'the pericirJ of his detention in a certified Institution or parr
therecf into a term oi, imprisonment.
18. (l) Fcir ca.rying our the purposes of this Act the sratc Governrnent may appoint a crrief Inspector of certificcl rnstitutions, Inspectors and such number of A,ssisiant Inspecr.'rs anci probati.rr
officers as it thinks fit tc assist the chief Insilector, ancr every person so appointed to assist the Chiel Inspector shall havc the nowers rnrt
\971 z Haryana A,ct 9l pREVEN,r"roN oF IEGCARy
covcrnrnent may crircct, bilt sharr nct under the directions oi. the Chief Inspector.
(2) Every certitred Instituti,, shar, at least once in every six months, be inspected Lry rhe Chief Inspector.
19" (1) subjecr.to c.onditions prescdberi, the crriet Inspeotor may direct an)'persorl aetained in a Receprion centre o. c..iiri*or Instit,rion ro be transt'erred therefiorn to another Receptio, Centre or crertifrecr Institution in the state :
LUrrLrL
Provided tirat the totar period of cretention of sucri person shail in no case be incrcasecl by such transfer,.
.{.2) rn directing such rransfer the Chief trnspector sha, have regard to the medicar cerlificate and the <iirections, if any, macre by the State Government, or court under section 23.
20" (r ) subjecr ro such cond.itions as may be prescribed_
(a) rhe C^hief Inspector or the SLrperintenr.lent of the ccrtified Institution rnay ar an-v time grant permissi*n to a person deiainecr in a certifiecl Insirtution to airsent hirnself for short periocls ; ancl
(b) the Chief Inspector rna_y at any time release such person conditionary arid issue hini a !icence therefirr.
(2) Any such ricence shai! be in force untir the expiry of the term for which the person was ordered to be dekineJ iri a crertified Institution, unless sooner revr:ked.
'i'ransf e
fl'c,m cir
Recepti
(lentre r.
Clcriifie,
trnstituti
arrother.
Release
licence"
(.3) The penod cruring which such person is atrsent from * Certified Institnrion by pernrisJion or by ricence as aforesaid, shar, for the purpose r-if computing his term .,f detention in a Certifie. lnstitution, he cleeniecJ t.,-t* p,i*t of fris rletention.
21" ( I ) subject to sirch conclitions as fflay be prescribeci, the Chief Revrca Inspector rnaY at any tinte rcvokc licence issuetl unrier secti()n 20, encl 0l'ticcnr thereupon the r"ereasccr person shail rre Jetuined in a certified Institution until the expiry of the term for which he had been orderca to ue aetainecr. . \
ir n*."*,oli] i:::T:T3:::'ii:,.::li:l,he chief rnspecror rnav,
-
I
I
I
I
I
I
l
I
I
l
1
I
I
j
I
-
i
Proced ure
cin r>t'cier o1'
iletention r-rr
sentence of
imprison-
ment.
Medical
Examination
anci deten-
tion of '
ieprosy
paticnts and
lunatsics.
PREVUNTTON oF BEGCARY u971: Flar.yana Act 9
22. ( I ) Suhlect to rlre p{'ovisions of sub-section (2) when a person
has been orclered to be cletainecl in a Cerlif ieci lnstitution under sectioil
4, section 5 ol section 6, the cou'rt r,vlrich orclered the cletention strall
for-thrvith forward him to the'nearest Reception centle with a copy of
tlrc order of detenticn. 'fhe person shall thereupon bi: handeri over to
thc custody of the Superintendent of the Receiition Cerrtre and shall be
tletained in tire Reception Clentre until he is sent therefrom to a Certifie<j
Trrstii"ution.
(2,) \Yhen any such person has also been sentenced to
imilrisonrnent uncler sub-seition (3) ot -section 5, or section 17, the
cor.n1 passrng the sentencc of irnprisonmernt shall forthwith forwarcl a
walrani to a.iail in vrhich ire is to be confined and shall forrvard him tir
such.jail with the warrant together with a copy of the order of detention.
After the sentence of imi:risonment is fully executed, the officer
executing it shall, if detention in a certified trnstitution for any periori
remains to be undergone hy suchr person, fbrwarcl hirn fbrthwith together
rvith a copy cf the order of detention to the neal'sst Reception centre,
and thereupon the provisions of sub-section (.1) shali apply.
(J) In computing the period for which a per-son is orderecl to
bc deiainsd in a Certifled Institr-ition there shali be included the period
fbr which he is detained in a rteception centre uncer tiris section.
23. ( I ) Where it appears to the State Government that any treggar
dr:tarned in a certified Institution under any orcler of a court is of
unsound nrind cr is a leper, the Stirte Governntent nlay hy an3, orcler
sr:tting forth the grounds of beliel'that the Lreggar is of unsound mincl
or" a leper order his remr:val to a mental hospital or leper asylum or
other piace of safe custody, there to be kept anri treated as State
(iovernment drrects during the remainder of the term for which he has
lreen orderecl to be detained or ,if on the expiration of that term it is
certified by a rnedical officer that it is necessary for the saf'ety of the
beggar or of others that tie shouicl lre further detained uncler medical
care or treatment, lre srhould be detained untrl he is clischarged according
to liirv.
(2) V/here it appcars to the State Covcrnment that the beggar
has ceased to be of unsound nrind, or is cured of leprosy, the State
Gr:vernmenl. shali, il'he is no longer lialrle to be kept in <;ustody, order
hirn to be dischargeci. In case the beggar is srill liable to be kept in
1971 z Haryana Act 9IPRE,VEN'I'ION fJF BTIGCAR Y i I
(3) The provisions of section 3l of the Indian .[-unacy Act,
1912, and the provisions t>f section 14 of the i,epers .A.ct, 1898, shall
appl'/ to every beggar confined in a menfal hosprtal or lepc:r asylum
under:rub-section (l) after the expiration of the periori ftlr which he
was orderecl to be de'rained ; and tire 'rime during which a beggar is
coriflned in a mental hospital or lcper asylum under ihat sub-section
shall be reckoned as part crf'the: period for which he may have been
ordererl by the Court to be dctained :
Provided that where ihe rernoval of a lrcggar due to unsoundness
af mind or leprosy is immediately necessary, it shall be open to ttre
authorities of the institution in rvhich the beggar is detained to apply to
ir couft having jurisriiction under the ,lndian Lunacy Act, 1912, or t]re
Lepers Act, 1898, as the case m&y be, for an immediate order of his
conimittal to a rl"entai hospital or a leper asylum"
24. (1) The State Government iliay direct any person detained
in a Certified Institution to be transferred thercfrom to any [nstitution
of a like nature in any other part of India in respcct of which provision
similar to that in the State of Haryana is made by the State Govemment
, of that part under any law in force therein :
Pnrvided that no rlerson shall be transferr*d unrler this section to
any other State without the consent of the Government <lf that other
State.
(2) The State (iovernment rnay, in consultation with the
Superintendent of any Cenifiecl Institution consent to the f.ransfer to
that Instjtution of afly person in respect of whom an orr"ler clf detention
Iras been rnade by a competent authorit,v in any other part of trndia of
the nature of an order made under this Act directing him to be detained
in a Certified Institution or Institution of a like nature and upon such
transfer the provisions of this Act shall apply to such persons.
25. ( I ) Any Police Officer or othei person effecting, under sub- Seizure
section (1) of sectioll 3, the arrest of a person who was f'ound i:egging disposal
may serze any animal the sore, wouncl, injury, deforrnity or disease of anirnals
rvhich was exposed or exhihited by such person with the object of
soliciting or rcceivirtg aims,
(2) The Police Officer or other person ettbcting the seizurc
may remove sr,rch animal to any inl'irrnary appointed under section 35
ur$ tL^ Dravanri^* ,,T /a-',^1r,, +,r A ".i*.,1. A ^r I QO/"l fnr rlatanlir.n ihefpin
Transfe,
between
Certifie<
Institutir
.LId,-,\
73 72
1971t Haryana Act 9IPREVENTION OF BEGGARY pRuvENTroN orr BECGARv Ll,911l : flaryana Act 9
Provided that the olher person may hancl over the seized animal
to a Polic:e Ollltrer if Lre f!nCs it ccrnvenicnt..
(.1) 'rhe court befbrc rvhich tire pcrson fougld tlegging is brought
may ciiret:t that the atrimatr shall be treaterl arr,l carecl fbr in su.ch inf irrniry
until it is fit for discharge or rhat it shall be sent to a pinjrapole, or if the
veterinary officer incharge of the area in which tlie animal is f"oirnci or
sucli other veterinarli officei" ils has been authoriseci by the rules rnacie
undersection I5r:f thePrerrentionol'crueltytoAnirnalsAct, lgg0.certifies
that it is incurable or oannot be removed r,vithout cruclty, that it shall be
destroyed ; andthe Court ntay a.lso orderthat alierrelease from lhe intirmary
thc animal rnay be confiscated.
(4) t\n anrmal sent f<rr care and treatment io any infiniiary shall
not, unless the court directs that it shall be sent to a pinjrapole onthdt it
shall be clestroyed, be released frorn such place except upon a certificate
<lf its fitness frlrciischarge issueclby the veterinary officeiincharge of the
area in rvhich the infirmary is situateii rlr such other vetednary of llcer as
has i:een authorised by rules made uncler section t5 of rhe prevention of
Crrielty to ^Animals Act, lBg0.
26.'The ofl'ences under sections 5 and 9 of this Act shall be
cognizable and non-bai lable.
27- Lllpersons empowered to perfornr any furrction underthis Act
shall be deemed ro tre public servants within rhe meaning of the Indiarr
Penal Code, 1860 (XLV of i860).
28. For every certified Institution, tire state ciovernrnent shali
appoint a Visiting commitfee in such manner as may be prescribed an,l
assign such pou,ers, duties and ftrnctions to the comrnittee as may be
prescribecl.
29. (t) The sta-te Government may.tbr the whole or any part,f
the state, constrtute an Advisory cornmittee consisting of such persons,
not exceeding eleverr in nurnber, as it rnay appoint:
Provided ihat, where a local authority has agreecl to rencler such
fina-ncial assistance as the state Government may consicier proper in
i
IOtTences ro
be ct.rgni-
zahle iirrd
n<x-beilable.
Persons to
be deemed
public
servants.
Visitirrg
Committee.
Advisory
Committee.
detained, the state,covemment shail appoint such numbcr of persons
as it deems fit on the Advisory commiitle for such *u ."pr"l"r*; the local author,,ty.
(2) The Advisory committee constituted under sub-section
( I ) in any area, or any member thereof, may visit at alr reasonabre times any Certified Institution, in which ueggars from that area are cietaine<i.
(3) The Advisory Committee may also,_
(u) tender advice as rega.ds management to any certified
. Institution through the chief Inspector or such other
officer as the State Government may specify ;
(b) cofiect subseriptions towards the reeurring as weil as
non-recurring expenses of any or all certified Institutions within the local area or one in which
beggars from that area are detained, and disburse the
collections in ihe prescribed manner ;
(c,) advise the state Government, through the chief Inspector, as regards the certificalion of any institution as a certified Institution or the
decertification of any certified Institution within the
area; and
,
(d) advise,h" srur" Government generally on the working
of this Act in rhar area ano p-articutarty on any poinr.
referred to it by the Chief Inspectoi or any other
officer specified by the State Government.
30' No suit, prosecution or other legar proceedings shail lie against any person empowered to perform any functio, un,r., tiris Act for anything which is in good faith done or intended to be done under this Act.
31,. ( 1) The state Government may, by notificatio. ancr subject to the condition of previous publication make rures for carrying out the purposes of this Act.
(2) In particular; and without prejudice to the generality of the foregoing power, such rules may provide for,_
Prcrteciion of
action taken
undcr this
AUT.
Power to
make rules.
74eREVENTToN oF BEGGARv U97l: Harya4a Act 9
(b) the manner of keeping persons arresreci or, animais
seized under sub-section ( I ) of section 3 or sub-
section (1) of sectiorr 25, respectively ;
l97l : Haryana Act 9l pREVENTToN oF BECGARv 15
(o) tne manner of appointing a visiring Commirree under
section 2g and the powers, duties and functions
ihereof ;
(p) theappointment of visiting and Advisory Committees
and assignment of powers, duties and functions of such
committees;and
( q) any other maiter rvhieh ha.s io be or may Lre preseribed.
(3/ Any rule made under this section may provide that a contravention thereof shall be punishable with imprisonrnent which may extend to one month, or with fine which may eitcnd to one thousand
rupees, or with both.
(1) Every rule maile iinder iliis seciiori siiall be iaiil as soon as
may be after it is made before the state Legislature while it is in session
for a total period of ten da-ys, which may be compnsed in one session or in two or more successive sessions, and if, betore the expiry of the session in which it is so laid or the suecessive sessions aforesaiel, the House agrees in making any modification in the rule or the House
agrees that the rule should not be rnade, the rule shall thereafter have effect only in such modified form or to 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 the rule.
32. rt any difficulty arises in giving effect ro rhe provisions of this Act, the State Governmenr may by order published in the official Gazette make such provision or give such direction as appears to it to be necessary for removing such difficuity,
(e)
14\
v/
/o\\6/
(c)
(dl
(h)
(j)
(k)
(i)
(m)
(n)
the manner of making summary inquiry under sub-
section (l) of section 4 ;
the manner in which and the place at which the persons
sentenceri under sectioir 5 and seciioi-r 17 shall ser.;c
theirperiods of imprisonment ;
the manner of medical examination of beggars ;
ihe manner in which the effects and the mcnei, an,J
valuables referred to in section i5 shall be disposed
of;
the rnanagement of Certified In-stitutions, tfo A"t*rtio,
of perSons eommitted to them and the maintenance. care,
treatment andinstructions of such perspns inciuding ail
matters relating to their labour and general conduct ;
the management and discipline of, persons detained
in a Reception Centre or Certified trnstiqution including
the imposition of manual or other, work and the
awarding of punishment for breach of any rule made
underthis clause; .
the powers and duties of the officers appointed under
section l8 ;
the conditions subject to which the Chief Inspector may
direct transfers under section 19 ;
the conditions subject to which a person may be released
on licence under section 20 ;
the conditions subject to wilcn a ircence may be revokeci
under section 2l ;
the discharge of persons from Certified Institutions ;
the nature, incidents and maxirnum periods of the
punishment to be imposed on persons detained in
Certified Institutions for breach of any ruleq qr for failure
(i)Removal of
difficulties.
7
Lex