LexThe HARYANA PREVENTION OF BEGGARY
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The Haryana Prevention of Beggary Act, 1971
Act 9 of 1971
Keyword(s):
Beggar, Begging, Public Place
1971 : Havana Act 91 PREVEN~ON OF BEGGARY 59
THE HARYANA PREVENTION OF BEGGARY '
- ACT. 1971
Sections :
Page
I. Short Li~le. extent and commencement.
2. Dcfinirions.
3. Power lo arresl.
3. Summary inquiry beforc dctcntion.
5. Penalty for bcgging after detention.
6. Power of Courl ro detain dependenrs.
7. Rep~rt OF Medical Officer beforc comminal.
8. Punishment for escape from Certified ~nslilution.
9. PcnaIry for employing persons for begging.
-
10. Bonds.
11. Appeal.
12. Power to release.
13. Rccepcion Centres.
14. Cer~ified Institutions.
15. Search in Reception Centres and Certified Institutions
16. Managemenr and discipline.
17. Disciplinary imprison men^.
18. Appointmcnt of Chief Tnspcctor and othcr aulhorities.
19. Transfer from one Reception Centre or Ccrlified
hstirurion lo another.
2 1. Revocalion of licence.
22. Procedure on order of detention or senrcnce
nf iniprrcnnmenr
60 PREVENIION OF BEGGARY 11971 : Haryana Act 9
, . <,
, ,
. -
23. Medical Examination and detention of leprosy
patienrs and lunatics.
.I
24. Transfer between Ccnified Institulions.
25. Seizure and disposal of animals.
26. Offences LO be cognizable and non-bailable.
27. Persons to be deemed public scrvanrs.
28. Visiting Committee.
23. Advisory Commitlee.
30. Protection of aclion taken under this Act.
31. Power lo make rules.
32. Removal of diff~culties.
Page
1971 : Haryana Act 91 PREVEN'I'ION OF BEGGARY , 6 1
ITHE HAYANA PREVENTION OF BEGGARY ACT, i97i
W~KYANA ACT NO: 9 OF 197 ! 1 -
. , , ,
[Received the asset11 of the Ga~ler~tnr of Horyuna orz rJle
15dr of Mnrcl~. 1971 ntldfirsr pablishcd in tile iiatynrla
Govern~t~etlt Gazette (Extrrrorditrary),
of iW(irch 18, 19711
AN
ACT
to provicle for the prevenlion ofn'heggit?g, deret~tion, training and
enrploy~netrr clfheky=yat-ts atld rkeir deperldenrs in Cerrified
I~z,rrituiior~ crrlil lhe oilsfody, rriul u~~dprinishrr~utr~
of beggar oJfe11de~'s.
4 ----
Whethcr repealed or otherwise
- affected by ~c~islalioi
Amended by Hnryana Ac: 27 or 19752
1
Year
-
1971
~E-il enacted by the Lcgisli~ure of the Sta~e of Hat-yana in the
Twen ty-second Year of the Republic of India, as follows :-
1. (I) This Act may be called theHayana Prevention of Beggary Short title,
Act, 1971. cxtent and . .. commence-
(2) It extends to [he whole of the Slate of Haryana. ment.
2
No.
9
(-3) It shall come into force in any area of the State, on such date
or- dates as the State Government may by notification dppoint in this behalf
for that area.
3
Shorl titlc
The Haryana
Preven~ion of
Beggary
Act, 1971
2. In this Act, unless the context othewise requires :- Dcfi~~itious.
(u) 'Lb~ggilr'l means any person who is found begging ;
1. For sratcmcnr ilf Ol~jects and Reasons, see Haryana Govcrnment Gazette
(~xtraothinar~), 197 I, page 167.
'
2. For srutcmcn1 of Ol~jjecls and ~zii~ons, sic tjnrynna Government Gazelte
(EX traordinnl-y). dalcd the I X-7- I 975,.1>lrgr: 840. , ,
(b). "bcgg ing" means-
(i) soliciting or t-eceiving alnls in a p,ublic place whethe:.
or nct under any pretcnce, such'as 'singii~g, dancing,
fortune-telling. perfomling tricks or seIling articles
(iij havi ng'no visible means of subsistence and wandering
about or remaining in any p~~blic piace in such condition
or manner as makes it likely that the person doing so
exists by soliciting or receiving alms ;
(iii) enwring on any privaie premises for the purpose of
,, - soIicitjng or receiving nlnls ;
(iv) exposing or exhibiring, with the object of obti~ining or
extor-ti~g alms, any sorc, wound, injury, deformity or
disease whether of a human being or of an animal ; or
(17) allowing or~eself to be used as an exhibit for the purpose
oFso1iciti:lg orreceiving alms ;
, but does not include so1icitir:g or receiving money or
food or gifts for a purpsoe authoiised by any law, or
authorised in thc mahner prescri bed ;
(c) "Ccni tied Insti tuiion" means any institutjorl which the State
Government provides and maintains for the detention,
training and employment of beggan and their dependerlts
and includes a Cerlilied Home and Specj a I Home ;
(dl "Certified Home'' mcans a home certilted by the State
Government or by any subordinate autllority empowered
by it in this behalf to be a fir place for the reception and
detention of beggars, suffering from leprosy or any other
infectious or contagious disease notified in this behalf by
the State Guvanmenr ;
('1 "Chief Inspector'' means the person appointed to be the
' Cl~izf Inspector of Certified Institutions under section 18.;
![fl "chi Id" means a child as defined in clause (d) 01' sc.cr ion 2
of the Hi~ryana Children Act, 1974 ; j
.I .
1971 : Haryana Act 91 PR evtiNTloti OF REGGARY 63
(g) '.Court" means the court of a Judicial Magistrate of any.
class exercising criminal jurisdictio~~ in the area in which .
this Act is in force ;
(h) "Guardian" means a pcrsun who looks afts.r or takes carc
of 3 chjld in Ehc ahscnce of, or in tllc evcnt of the death
ol his parenls ;'
. -,
8, - -.
(i) "I mpri so~~ment" means rigorous or simple imprisonment
as described in secrion 53 of the India11 Penal Code, 1860
(XLV of 1860) ;
(j) "Parent" means the fathkr or the mother of a child ;
(k) "Police Officef' means a police officer no1 below the
r3r.k of an Assistant Sgb-Inspector ;
(I) "prescribed" means prescribed by 'mles midc under this
Act ;
(m) "Probation Officer" means an officer appointed to be a
Probation Officer under secrion 18 ;
-.
(ti) "public place" mems and includcs any place or precincts
thereof to which for the time bcing rhe public have or
are permi ttcd to have an access, whether on payrnenr or
otncrwise and includes a passenger bus ;u~d a railway
compartment ;
(01 "ReceptionCentreWmeansan institution farthe reception
and temporary detention of beggars provided by the
Statc Government, or certified to be such under
section 13 ;
(p) "Special Homc" nlcans a home notified by the Stare
Govcmment as saitabIe for the reception and detention
of beggars. not physically capable of doing manual labour
but not suffering from leprosy or any other infectious or
contagious disease ; and x
I (y j "Srlyerinte'iidenl" means a Superintendent of a Reception
Centre or a Certified Institution, as the case may be.
3. '(1) Any Police OCl'iccr or orher persorl authot-ised iri this ~r,wcr to
behalf by the Statc Government rnay a]-rcst wit houl wdrranl any arrcsl.
beggar :
h
h4 PHEVENTION OF BEGGARY El971 : Haryana Ad 9
. Provided that no person bunrl begging on any premises, not bcing
n public place shall he so arrcsted or shall be liable to any PI-oceedings
undcr this Act except on a complaint made by the occupier of such
premises .
(2 Such Police Officer or other pcrson shall take or scnd the
persou so arrested to the ncarest police sta~ior: :
Provided that the other pelson may hand him over to a Police Officer
if he finds it convenieni.
(3) The provisions of '[section 57 of the Code of Criminal
Procedure, 19731 shall apply ra arrest made under [his seclion and the
officer-in-.charge of the police station shall cause the arrested p&son lo be
kzpt in the prescribed manner until he is brought before a court.
Sumrnary 4. (I) Where a person is brought before a court under section 3,
inquiry the court shall make a summay inquiry in he pmcribed manner as regards before
detenlion. the allegation that he was found begging.
(21 if the inquiry rcferred to in sub-section (I) cannot be
cornplered forthwith, the coui~ may adjounl it Prom lime to time and order
the person to be remanded to such place and custody rls may be coflvenient
or release him on a bail bond, wiih or wilhout sureries.
(3) IF on ma king the inquiry refen-ed to in sub-scclion (I], the
court is not sali sfied that the person was found begsing it shall order that
such pcrson be released forthwith.
(4) If, on making rhe inquiry referred to in sub-section (I j, the
court is satisfied that such person was found begging it shall record n
finding that the person is a beggar and convict him accordingly.
(-5) The court shat l order the ,person convicted under sub-
section (4) to be detained in a Certified Institution in accordance with
the provisions of section 7 for a period of not less than one yew and
not more than two years :
Provided that if the court is satisfied from he circumstances of
the case that such person is nor likely to beg again, it may release him
;~fter due admonition on a bond ,for his :tbstaining from begging, bei-ng
executed with or wi~hour sureties, as rhc court may require, by the
beggar or any other person whom the coult cor~siders suitable :
P~~ovidcd rui-ther that it [he beggirt- is a minor, the bond shktll bc
with sureties. ,
I. St~bs~iruted hy Harpanu .l\cl 17 rit 1975.
1971 : I3arl)'m-m Act 91 PREVENTION OF DEGGARY 65
(6) 111 passing an order under this secrion, thc coun s!~i~Il
have regard lo tlie following considerations :--
(a) the age and character of ~he beggar ;
(bi thz circurnslances acd conditions in which the beggar
is livi?g;
(c) report., if any, made by the Probalioa 0 ft'rcer ; and
(rl) such other matters as may. in the opinion of [he court,
require to be taken into cons id era ti or^ in the interest of
thc beggar.
(7) The report ol thc Probation Offices or any other repc-,rl
considered by the court shall be treated as conildential :
Provided that if such report refatesto the character, health or conduct
of, or the circumstances and conditions in which: the beggar is living, the
court may if it thinks expedient so ro do communicate the suhstancc
thereof to thz beggar or, if thc beggar is dependen1 to his parents or
guardian, if any. and may give the beggar or the-parent or guardian, as r he
c:ue may be, sn opporttinity of producing evidence which m3y be relevan1
to the matters sated in 1 he repart.
(8) ' A copy of [he order made under sub-section (5) shall be
sent forzhwith by the court to the Chief Inspec'tor.
(9) Notwithstanding anything coaiained in this secrion, when
theperssn found to bea heggarasafo~saidisachild, thccotirrshnll not
make any order under sub-section (5) but fonvard the child to '[a Board
constituied,under section 3 of the Haryana Children Act, 19741, for
bcing'dealt with uild~r rhat Act. For the purposc of ascerlnining thc-age
of the beggar, the court may, if ncccssary, cause him ro he examined
, .
by a medical officer.
5. (1) Whoever having been previously detained in a Ceflified Penalty
Institution in accordance with' the provisions of section 4 is found begging
begging again shall on convicrion be punishable as is hereinaftcr dcrenlio
provided in this section.
(2) When u person is convicted for the second time thc courl
shall order him LO he detuincd in a Gel-ti fled I~~slitution for a period not less
than one year and not more than three years.
66 PRBVENTIOK OF BBGliARY [I971 : Haryana Act 9
Powcr n:'
court to
dmin
dcpendenrs.
Report of
Medical
Officer befta
cornmiltal.
, ,,,. (3) When a person is convicted for rhe Lhird or subsequent
tihc, the court stla11 ordcr hi); in be detained lor a period of five years in
the Certified Institution and m:ly crmvert any per%d of such detention, noi
exceeding one year, in to a sen tenceor i mprisonrnen t :
Provided ha! the total pct-iod,of detention 'and imprisonr~cnt, if
any, shall no; exceed five years. . , , ,
(i. (lj ,When the courl has o~.de[.ed [he detention of a bcggai- in a
Cenlfied Institution under section 4 or-scction 5, it may after making such
inqui~y as it thinks fit, order any person who is wholly dependent on such
beggar to be dctaillrd in a ~elfified'lnstitution &r a like ycriod :
Provided that before such an orcier is made such dependent or his
exen& or gu&-dian,if any, as the case may be, shall be given an opporiunily
of showing caqe &hi it should not be made.
,'. , 0 . ,
. (2) Where, ,,. thz dependent person is a child above the age of
five years, the cqurt shall .:onyard him to '[a Board constirutzd under
section 3, of the Haryana Chi,ldlmen Act. 1974, for being dealt with under
that Act.] -.,
I. .
7. (I) he. i-ourt. which finds a person to be guilty under section 4
or section 5 shrill, beforc passing any sentence of his committal to a
:e Certified Institution, send such person ro the medical officer incharge of
the local civil Hospital or to \he medical officer attached tu s Ceriified
Institution, if any, and cali for a report ;bout his age, physical capacity
for ordinary manuill libour and also whether'he is suffering from any
infectious or contagious disease. . .,. - ,' .
: , (2) If I he rncdical officer ~erri fier that the saidrperson is not
a child, is physjcaily capable of ordir~nry manual labouiq, and is not
s,uffering from any infec~ious or contagioui di,sease, the court shall
pass a sentence for a committal of such person to a Certified Institution.
(3) If the medical officer reports that the said person is
physically incapable of ordinary manual labour bur is not suffering
from any infectious urcontngious disease, ~hecour~ shall pass a sentence
for committiil of such person to a Special Home.
(4) if the medica! officer reports that the said person is
suffcting from any infcctious or contagious disease, the court shall
pass il srnwncc for co~llrniltal of such person to a Certified ~orne.'
I. Suhs~i~uted by H-laryana Act 27 nl' 1975. .-.- -
1971 : Haryana Act .9] PREVENTION r3F REGGAKY 67
8. Whoever escapes, rrorn a Certified Institution Lo which he
, . 113s been committed cn conviction under the provjsjons of this hat
before thc expiry of [he period for which he has hecn cotnmi [led, shall
be punishable with imprisonment which may cxrend to ihree months.
9. Whoever employs -or causes any person lo solicit or receive
alms, or whoever having the custody,'charge or care of a c.hild, connives
at or enc,ourages the ernpluyment or the causing nf a child to solicit or
receive alms or whoever uses anorher person as an exhibit for the
pulpose of begging, shul l on convictiun be punished with imprisonmefit
for a tertn which may extend to thrcc years but which shall not b:: less
than one year.
10. The provisions of '[Chapter XXXIII 01 the Code of Criminal
Procedure, 19731, shall so far as may be, apply LO bonds taken under
this Act. ,
. .
11. An appeal or revision shall lie as provided in l(Ckapters XXTX
and XXX of the Code cf Criminal P~qocedure . 19731, from ally order of
'detention made under :his Ac 1. The period of dcten tion shall be deemed
to be a sentence of imprisonment for thc samc period. .
12. If the State Government at any time, of its own mution or on
application made to it, is sgtisfied that a convicted undcr section
4 or sec~ion 5 and cornmittcd tn a Certified institution bas been cured
of the disease or is in ;I fit slate of health lo earn his living ar is otherwise
fit EO be discharged before the expiry of rl~e period for which he has
been committed, the State Government may by order, direct that the
persor: so detained shdl he I-eleased subject to such rest~ictions and
conditio~ls, if any, as mzy, be specified in the order.
13. The State Government may provide and maintain one or more
Reception Centres at such place or places us it thinks fi~, and may
certify any institution to be a Reception Centre for the purposes of this
Act.
14. (1) The State Government may provide and maintain one ar
more Certified Institutions at such place or plzlccs as i~ rhinks fi~, and
: may certify any institution to be a Certified Institution for rhc purposes
of this Act. Any such Certified Ins~itution may also provide for the
:teaching bf agricultural, industrial and other pursuits, and for the ~encixl
education ind medical 'care of the inmates.
,
1. Subsfitu~ed by' ~rir~an;r Act 27 01' 1975.
Punisttmt:
for cscapl
I'cna~ry' fr
employ in;
pcrsun Tor
bcg g ing .
Bonds.
Appeal.
Power ~o
rctcuse.
Rcceptio
Centres.
68 PKBVFK'TiON OF BEGGARY [I971 : Haryana Act 9
Search in
Recep~ion
Cen trcs and
Clcrtil'ied
lnstilutions.
Management
arid
discipline.
Appuinlmcnl
of Chicf
lnspecrrlr
and rlthcr
iluthr~ritica.
(21 Every Ce~ificd Institution and Reception Centre shall
be under thc charge of a Superi~itenden~.
15. The Superintendent of a Reception Centre or a Certified
fnstilutian may ,orde.r that any pcrson reccived in the Reception Czritrc
o~. Cer~iFied Instilutii)t~ shall he searched, cleansed, that his pel-sonal
effects shalI be inspected, and thal aily money or valuables found with
or on the s;~irl person shal I he kept in the custody of such Superi ntcnclenl,
and that any effects nther than money or valuables so found shall bc
disposed of in the prescribed manner. Where an order of detention is
psseb by the court againsr any such persoll, rne Superintendent may
order that any morlcy or valuables found with or on the sitid person
shall be disposed of in the PI-escrihd manner. Where ?he court passes
3n order other than an order of detention with regard to any such person,
his money and valuables shall be returned :o him and if his clothing
has been destroyed, he shall he provided with fresh ciothing. The
cxpenses of providing such clothing shall bc borne ,by ihc State
Government :
Provided [hat a female shall be searched only by a fekale with
due decency.
16. Persons remanded to, 01- detained in, Rcceptio~i Centres and
Certified Institutions-under this Act sha!I be subject to such rules of
management ancl discipline including the imposition of mar!ual or other ,
work and awarding of punishment as may, from time to time, be
pies~ri bed. . .
17. Without prejudice to ally disciplinary action that may :bt:.
taken undei the secrion imrnediatdy preceding, the Chief Inspector,
the Inspector.or Superintendent rnay report tc the court the case of any
person detained in u Certified Insti tutio~l who wilfully disobeys or
neg!ects to comply wit!] any rule referred to in that section ; and the
court may thereupon, if sntified that the said person has wilfully
disobeyed or neglected to comply with any such rule, convert the
balance of rhe period of his derention in a Cerlified Insti~u(ion or part
thereof into a term of imprisonment.
13. (I] bor carrying out the purposes, of this Act \he Slate
Government may appoint a Chief Inspector of Certified Institutions,
Inspectors 2nd such numbcr of ~ssisiant Inspeclors nnd P~ubarion
OTficers as ii tl~inks fit to assist the Chief Inspector, and every pe!son
so appointed to zlssisl rhe Chief Inspector shqll huvc the powers, and
pel-form sllch of rhe dr~ries nl the Chicf Inspcc[or, ns rhe Slate
1971 : Haryana Ad93 PREC'ENrION BEGGARY 69
Government may direct, but shall ;~ct under the dircctions of the Chief
Inspector-.
(2) Every Certified Institution shall, ar least once in evcly six
months; be inspected I>y the Chief Inspe-ctor.
19. (1) Subject lo candi~ians prescribed, thc Chief Inspector may
I direct any person detained in a Reception Centre or Cer1ifie.d institution
to be transferred thercfrorn to another Rczcp~io~b Centre 01- Certifier1
Institution ill the State :
Provided that the total period of detention of such person shaII in
no case be increased by such transfer.
(2) 111 directing such transfer the Chief Inspector shall have
regard to the medical certificate and the dircctions, if any, made hy the
S tnte Government, or court under seclion 23.
20. (11 Sub;cct to such conditions as may be prescribed-
(a) [he Chiel inspecror or the Supriintendenr of Ihc
Ccrrified 1nsritul:on may at any time grani permission
to 3. persoil detained ir! rl Certified Institution LO absent
himseif for short periocis : and
(b) the Chief Inspector may at any time release such
person conditiunaily and issur: him 1: licence thei-efor.
(2) Any such licence shail be in force until the expiry of the
tern1 for which the person was ordered to be detained in a Certified
Institution, unlcss sonner revoked. ,
(3) The period during which such person is absent from ;i
Certified Institution by permission or by licence as aforesaid, shall,
for the puvose of computing his term of detention in a Certified
Inslitution, be deemed to be part of his detention.
21. (1) Subject to such conditions as may be prescribed, the Chief
lnspector may ar any time revoke licence issued u:lder section 20, and
thcrcupon the relc:ised pervon shall be detained in a Certified Instjtulion
until the expiry of the term for which he had been ordered to be detained.
Tronsfe
from 01
Recepti
Centre (
Ucrti fie,
Instiluli
anulher.
(2) For the purpose of this section the Chief Inspector may,
if necessary, cause the released person to be arrested and sent ro the
nearest Reception Centre togelher with a copy of [he ordcr of detention,
and thereupon the provisions of sub-section (I) of scctior122 m;ly apply.
70 PREVENTION CIF BEGGARY 12971 : IIa1'yana Ait 9
Procedure
on ardcr of
cletcnlior~ clr
senrcncc of
impnsan-
ment.
Medical
Examination
and delen-
rlon of
leprosy
paticnt~ and
lunnlsics.
22. (1) Subject to the provisions of sub-section (2) when a person
has Seen 01-dered to be detained in a Ce~zified Instiiution under section
4, seciien 5 0;- sectio~~ 6, the court which ordcrcd the detenrion shall
forthwil'n forward him ro the nc'mst Recepiion Cetl~rc with a copy of
thc order of detention. The person shall thcrzupon bc handed'over to
the custody of the Suprintendcdt ol the Receplion Centre and shall be
dctained in the Reception Centre until he is sent [here from to a Certifkd
Institution.
(2) Whcn any such persor! has also been sentenced'Lo
inlprjsonnlerit under sub-section (3) of scclion 5, or section 17; the
coui-t passing the scntcnce of irnprisonment shall forthwith forward a
wan-ant to a jail in which he is to be confined and shall fonvard him LO
such jail with thc warrant tosether wi tll a copy of the order of detention.
After the sentcncc of imprisonment is fully executed, the' officer
executing it shall, if detention in a Certified Institulion for any period
remains to be undergone by such person, forward him forthwith together
with a copy of rhc order of detention to the nearest- Reception Centre,
and [he-reupon the provisions of sub-section (2) shall apply.
(3) In computing ihe period for which a person is ordered to
bc detained in a Cerlificd lnslituiion thew shall be included thc period
for which he is detained in a Reception Centre urrder this section.
23. ( I) Where ir appebrs to the State Government that any beggar
detained in a Certified Institution under any order uf a coi~rt is of
unsound mind or is a leper, the State Gdvernnient may by any orcler
settir~g forth the grounds of belief that the beggar is of unsound mind
or a leper order his removal to a mental hdspital or leper asylum or
other place of safe custody, there to be kept and trested as Stale
Government direcis during the remainder of the term for which he has
been ordered to be detained or ,if on the expiration of that term it is
certified by a medica! officer tha~ it is necessary -for the suftLy of the
beggar or of others that he shduld he furth=r detained under medical
care or treatment, he shoi11d be detained until he is discl~;~rged according
to law.
(2) Wherc it appcars to thc ~intc Govc~nmcnr that the beggar
has ceased to bc of unsound mind, or is cured of leprosy, the State
Governmenr shall, if he. is no longer liable to be kcp~ in custody, order
him LO be discharged. In c;lsc the beggru- is slill liable to be kept in
custody the Statc Governmen[ shall, by an order direc~ed to the person
having charge of the bcggar, send hirn ro the Cc~*~ifictl Institution from
which hc w:ls I-ernovcd.
1971 : Hary ann Act 33 PREVENTION QF BEGGARY 7 1
(31 The provisions of section 31 of the Indian Lunacy Act,
191 2, and the provisions of section 14 of the 1,cpers Act, 1898, shall
" apply lo every I~cggar confined ir! a mental hospital or lcper zsylum
under sub-section (1) after the expiration of the period for which he
w;ls ordered to bc deoained ; and the time during which a beggar is
conf'ined in ;a menial hospital or lcper asylum under that sub-section
stiall be reckoned as part of the period for rbhich he may have becri
or-dercld by the Court to be dctained :
L
Provided [hat where :he removal of a beggar due to unsoundness
of mind or leprosy is immecliateiy necessary, it shall be open to the
:wthorities oPrhe inshrutio~l in ivhicll the beggar is delaincd to apply to
a court having jurisdiction under the Indian Lunacy Act, 1912, or the
LRpers Act, 1895, as the case may be, for an immediate order of fiis
committal to a mental hospital or a lcper asylum.
24. (1) The State Government may direci any person detained Transfel
in a Certified Institution to be transferred therefrom, to any Ins ti tution beween
of a like nature in any other pad of India in rrspcct of which provision Ce"ifiec
simiInr to that in the State of Hmyana is made by the State Government Ins~itutil
of that part under any law in force therein :
Provided that no person shall be transferred under this section to
any other'State without the consent of the Government 01 rhai other
State.
(2) The State Government may, in consultation with the
Superintendent of any Certified lnstiturior~ consent to the transfer to
that Institution of any person in respect of whom an order of detention
has been made by a compctent authority in any other part of Jndia of
the nature of an order made under this Act directir~g him to be detained
in a Certified Institution or Institution of a ltke nature and upon such
transfer the provisiatls of !his Act shall apply to such persons. .
25. (1) Any Poi~ce Officer or other person effecting, under sub- Seizure
sec(ion (IJ of section 3, the arrcsi of a person who was found begging dis?osal
rnay sene any animal the sore, wound, injury, deformity or disease of "Oirn"'":
which was exposed or exhibited by such pel-son with rhe object of
soliciting or receiving aims.
(2) The Police Officer or other person effecting the seizure
may rcmove such animal to any infirmary appointed under section 35
of thc Prcvcntion of Cruelty to, Animals Act, 1890, for detention therein
pending orders nf the Cou1-t under sub-section (-7) :
(
72 PREVENTION OF' BEGGARY [I973 : Haryana Act 3
Offences lo
be cogni -'
zahle hr~d
non-bailable.
Persons to
be decmed
pubIic
servants.
Visiting
Cornmittcc.
Advisory
Cornmi t~cc.
Provided that the other- person nay hhncl over the seized animal
to il Police Officer if hc finds it cunvenien~.
1.3) The Court befclrc which the person found begging is brought
may direct that the animal shall be: treated and cared for in such infirmary
until it ins fit for discharge or that it shall be senr to n pinjrapole, 01. if the
veterinary officer incharse of the area in which the-animal is found or
such other veterinary officer as has heen aulhorised by the rules made
under section. 15 of the Prcvtr.r~tion of Cruelty to Animals Act, 1690, ceflifiw
that it is incurable or cannot be removed without crue!ty, that it shall be
destroyed ; and thc Court may also order that ntier reIea,cefrom rhe intinnary
ihc animal may be confiscated. , .
(4) An animal sent for care and trealment to any infirmary shall
not, urlless the Court directs chat it shaIl bc sent ro a pinjrapole or rl';at it
shall be destroyed, be released from such place except upon a certificate
ol i ts filness for ciischarge issued by the veterinzry clfficcr incharge of the
area in which ihe infirmary is situated or such other veterinary ofiiccr as
has been au!horised by rules made under section 15 of the Prevention of
Cruelty to Ani~na!s Act, I SgO.
26. The ,offences under sectioils 5 and 9 of this Act shall be
cognizable and non-bailable.
27. A11 persons empowered to perfomi any function under this Act
si~all be deemed td be public servants within the meaning of the Tndiar~
Penal Code, 1860 (XLV of 1860).
28. For every Certified Institution, the State Government shall
appoint a Visiting Committee in such manner as may be prescribed and
assign such powers, duties and functions to the Committee as may be
prescribed.
, ,
29. If) The State Government may,for the whille or my part of
the State. consti tuke an Advisory Committee consisting of such pcrsons,
not exceeding elevcn in numbcl-, as il may appoint:
Provided thal, where a lucal authority has agrccd to render such
financial assistance as the State Govcrnrncnt miy consider, proper in
each case, fnr the rnaintenancc of Cc~lified Institutions in which beggars
from Ihe area subject to the jurisdiction of the local aurho;ily are
, deiained, the State Gcjvemment shaI! zppoint such i;r;mbcr of peiSGns
as it deems fit on the Advisory Committee for such area representing
- thc local authority.
(2) The Advisory Committee constituted under sub-section
(1) in any area, or any member thereof, may visit at all reasonable
times any Certified Institution, in which beggars from that area are
detained.,
I.
(3) The Advisory Comrnillcc may also,-
(a] lender advice as regards management to any Certified
Institution through the Chief Inspector or such orher
officer as the State Government may specify ;
(b) collect subscriptions cowards the recurring as well as
non-recumng 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 ihc prescribed manner ;
(c) advise the State Government, through the Chief
Inspector, as regards the certification of any
institution as"a Certified Insti totion or thc
decertification of any Certified Institution within the
area ; and
{d) advise the State Government generally on the working
of this Act in that ma and particularly on any point
referred to it by the Chief Inspector or any other
officer specified by the State Government.
30. No suit, prosecution or other legal proceedings shall lie Proteclio11 of
against any person empowered to perform any funclion under this Act action taken
for anything which is in good fkth done or intended to be done under undc'
this .4ct. Act.
31. (1) The Stale Government may, by notification and subject Power ru
totheconditionaf previouspublication makerules forcarrying out makerbles-
the purposes of this Act.
I
I.
t< . . (2j In particular, and without prejudice to the generality of
the foregoing power, such ruIes may , . provide for,-
, . ,- , (a) the manner of authorising a purpose, under clause (a]
. ,. -- ofsection2; r'
I ;. . , , . . ,.. - :<;. ;*. I
PR~vENnon OF BEGGA~Y ' 11971 : Hary ana Act 9
. . -. , -. . ..
[b) the manner of keeping persons arresred dr"an1rn'~ls
scized under sub-section (I) of section 3 or sub-
section (I) of section 25, respectively ;
, .I .
(C) the, manner of making summary inquiry under sub-
section (I) of section 4 ;
(dl the manner in which and the place at which the persons.
sente~lced under section 5 and section 17 shall scrvc
their periods of imprisonment ;
-, ,. . ., . .. -
{e) the manner of medical examination of beggars ;
, ,
u] thc Ilianner in which the effects xd the money 2nd
valuables referred to jn section 15 shall be disposed
'_. . I... :,:
of ; , .' , . .
(g) the management of Certified Institutions, the detention
'
of persons commi tted t'o them and he maintenance, care,
treatment and instructions of such persons including all
. matters relating to their labour and gcneral conduct ;
(h) the management and discipline of persons detaincd
in a Reception Centre br Certified Institution including
the imposition of- manual or other work and the
awarding of punishment for breach of any rule made
under this clause ; , ,
(i) the powers and duties of the officers appointed under
section 18 ;
(jl the conditions sub,j&t t'o which the Chief Inspector may
direcl ~rmsfers'under;aection 19 ;
(k) the conditions subject t6 w'hic h a person may be released
' , on licence under set tioi 20; ' ,, ,"
(1) the con& tions subjecr, to which a liccncc may be revoked
, .c
under section 21 ; . .
- ,. ., : . , I. . . ,,
(111) the discharge of persons from Certified ~nstitutions:;
(n) the nature, ,incidents. :and, maximum periods of the
punishment to be imposed on persons detained in
Certified Institutions for breach of any rules or for failure
!I;, :
or neg iect to &ept e&ploymcnt outside such
I!::,,:.
ins ti tutions which miiy be se~ured for them ;
1971 : Haryana Act 93 PREVE~ON OF BEGGARY 75
jo) the manner of appoinring a Visiting Committee under
section 28,and the powers, duties and functions
thereof ;
(p) the appointment of Visi ting and Advisory Committees
and assignment of powers, duties and functions of such
cornmi t tccs ; and
(q) any other matter whic h has to be or may he prescribed.
(3) Any rule made under this section may provide that a
contravention thereof shall be punishable with imprisonment which may
extend to onc month, or with fine which may extend to one thousand
rupees, or with both.
(3) Every rule rnade under this section shdl be laid as soon as
may be after it is made before the State Legislature while it is in session
for a total period of ten days, which may be comprised in one session
or in two or more successjve sessions, and if, before the expiry of the
session in which it is so laid or the successive sessions aforesaid, the
House agrees in making any modification in the rule or the House
agrees thaL the mle should not be made, the rule shall thereafter have
effect only in such modified form or to be of no effect, as the cae 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. If any difficulty arises in giving effect to the provisions of Removal d
this Act, the State Government may by order published in the Ofiicial difficulties.
Gazette make such provision or give such direction as appears to it to
be necessary for removing such dfficulty.