LexThe HARYANA PREVENTION OF BEGGARY
Haryana · state statute
Open in Lexace · Ask the AI about this actThe Haryana Prevention of Beggary Act, 1971
Act 9 of 1971
Keyword(s):
Beggar, Begging, Public Place
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1971 : Haryana.Act 9] PREVENTION OF BEGGARY 59
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THE HARYANA PREVENTION OF BEGGARY
ACT, 1971
TaBLE OF CONTENTS
Page
. Short title, extent and commencement.
. Definitions.
. Power Lo arrest.
Summary inquiry beforc detention.
. Penalty for begging after detention.
. Power of Court to detain dependents.
. Report of Medical Officer before committal.
. Punishment for escape from Certified Institution.
. Penalty for employing persons for begging.
. Bonds.
. Appeal.
. Power to release.
. Reception Centres.
Certified Institutions.
. Search in Reception Centres and Certified lnsrilnlkons.
. Management and discipline.
. Disciplinary imprisonment.
. Appointment of Chief Tnspector and other authorities.
. Transter from one Reception Ceatre or Certified
Institution 10 another.
. Release on licence,
21. Revocation of licence.
. Procedure on order of detention or sentence
of imprisnnment
60 PREVENTION OF BEGGARY [1971: Haryané Act 9
Sections :
- Page
23. Medical Examination and detention of leprosy
patients and lunatics.
24. Transfer between Certified Institutions.
25, Seizure and disposal of animals.
26. Offences o be cognizable and non-bailable.
27. Persons to be deemed public scrvants.
28. Visiting Commiuee.
29. Advisory Committee.
30. Protection of action lal’(‘en under this Act.
31. Power to make rules.
32. Removal of difficulties.
1971 : Haryana Act 9] PREVENTION OF BEGGARY 61
'THE HAYANA PREVENTION OF BEGGARY ACT, i971
(Harvana AcT No. 9 oF 1971)
{Received the assent of t the Governor of Haryana on the
15th of March, 1971 and first published in the Haryana
Governmenr Gazette (Extraordinary),
of March 18, 1971}
i 2 3 . 4
Year No. Short title ‘Whether repealed or otherwise
) " affected by Legislation
0717 9 -The Haryana Amended by Haryana Act 27 of 19752
Prevention of .
Beggary
Act, 1971
AN
ACT
to provide for the prevemiion of begging, detention, training and
employment of beggars and their dependents in Certified
Instituiion and the custody, trial and punishment
of beggar ojfemlez 'S,
BE it enacted by the LC"lSldll.lrE of the State of H.uydnA in the
Twenty-second Year of the Republic of India, as follows :—
1. (1) This Act may be called the Hayana Prevention of Beggary ~ Short title,
Act, 1971. extent and
: ’ : commence-
(2) Ttextends to the whulc of the Siate of Haryana. ment.
(3) Ttshall come into force in any area of the State, on such date
or dates as the State Government may by notification appoint in this behalf
for that area.
2. In this Act, unless the context othewise requires :— Definitions.
() “beggar” means any pefébn who is found begging ;
1. For statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1971, page 167.
2. For sttement of Objects and Reasons, see Huryana Government Gazette
(Extraordinary), dated thet8-7-1975, page 840.
62 PREVENTION OF BEGGARY [1971 : Haryana Act9
(b). “begging” means—
(7) soliciting or receiving alms in a public place whether
or nct under any pretence, such as singiug, dancing,
fortune-telling. performing trncks or selling articles :
(i7) havingno visible means of subsistence and wandering
about or remaining in any public place in such condition
or manner as makes it likely that the person domg 50
exists by soliciting or receiving alms ;
"(iii) entering on any private premises for the purpose of
soliciting or receiving alms ;
(iv) exposing or exhibiting, with the object of obtaining or
extorting alms. any sore, wound, injury, deformity or
disease whether of a human being or of un animal ; or
(v) allowing oneself to be used as an exhibit for the purpose
of soliciting or receiving alms ;
- but does not inciude soliciting or receiving money or
food or gifts for a purpsoe authorised by any law, or
authorised in the manner prescribed ;
(c) “Ceruified Instituiion” means any institution which the State
Government provides and maintains for the detention,
training and employment of beggars and their dependents
. and includes a Certified Home and Speciat Home ;
(d) “Centified Home” meuns a home certified by the State
Government or by uny subordinate authority empowered
by it in this behalf to be a fit 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 Government ;
{e) “Chief Ifispcctér" means the person appointed to be the
: Chief Inspector of Certified Institutions under section 18-;
'{{f) “child” means a child as defined in clausé (d} ol section 2
of the H.lrydna Chl Idren Act, 1974 ;
buhsmuu:d by Haryana Act 27 of 1975,
1971 : Hacyana Act 9] PREVENTION OF REGOARY 63
(g) “Court™ means the court of a Judicial Magistrate of any.
class exercising criminal jurisdiction in the area in which
this Act ts in force ;
(h) “Guardian” mcans a person who looks after or takes care
of a child in the absence of, oc in the event of the death
of his parents ;
(i) “imprisonment” means rigérous or simple imprisonment
as described in section 53 of the Indian Penal Code, 1860
(XLV of 1860) ;
) “Parent” means the father or the mother of a child ;
(k) “Police Officer” means a police officer not below the
rank of an Assistant Sub-Inspector ;
(1) “prescribed” means prescribed by rules made under this
Act; c '
(m) “Probation Officer means an officer appointed to be a
Probation Officer under section 18 ;
(n) “public place™ means and includcsiuvny place or precincts
thereof to which for the time being the public have or
are permnitted to have an access, whether an payment or
otherwise and includes a passenger bus and a railway
compartment ;
(0} “Reception Centre™ means an institution for the reception
and temporary detention of beggars provided by the
State Government, or certified to be such under
section 13 ;
(p) “Special Home” means a home notified by the Stale
Government as suitable for the reception and detention
of beggars. not physically capable of doing manual labour
but not suffering from leprosy or any other infecttous or
contagious disease ; and -
{¢) “Superintendent” means a Superintendent of 2 Reception
Centre or a Certified Institution, as the case may be.
3. (1) Any Police Officer or other person authorised in ihis
behaif by the State Government may arrest withoul warrant any
beggar : :
Power to
arrest.
Summary
inquiry
before
detention.
" 64 PREVENTION OF BEGGARY (1971 : Haryana Act 9
. Provided that no person found begging on any premises, not being
a public place shall be so arrested or shall be liable to any proceedings
under this Act except on a complaint made by the occupier of such
premises.
(2) Such Police Officer or other person shall take or send the
person so arrested to the nearest police station :
Provided that the other person may hand him over to a Police Officer
if he finds it convenienl.
(3) The provisions of '[section 57 of the Code of Criminal
Procedure, 1973) shall apply to arrest made under this section and the
officer-in-charge of the police station shall cause the arrested person (o be
kept in the prescribed manaer until he is brought before a court.
4. (1) Where a person is brought before a court under section 3,
the court shall make a summary inquiry in the prescribed manner as regards
the allegation that he was found begging.
(2) If the inquiry referred to in sub-section (/) cannot be
completed forthwith, the court may adjoum it from lime to time and order
the person to be remanded to such place and custody as may be convenient
or release him on a bail bond, with or without sureties.
(3) If on making the inquiry referred (o in sub-section (1), the
court is pot satisfied that the person was found begging it shall order that
such person be released forthwith.
(4) If, on making the inquiry referred to in sub-section (7}, the
court is satisfied that such person was found begging it shall record a
finding that the person is a beggar and convict him accordingly.
(5) The court shat) 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 thun one year and
not more than two years :
Provided that if the court is satisfied from the circumstances of
the case that such person is not likely to beg again, it may release him
after due admonition on a bond for his abstaining from begging, being
executed with or without suretics, as the court may require, by the
beggar or any other person whom the court considers suitable :
Provided further that if the beggar is a minor, the bond shall be
with sureties.
I. Substituled by Haryana Act 27 af 1975,
l97i . Har)l'ana Act 9] PREVENTION OF BEGGARY 63
(6) In passing an order under this section, the court shail
have regard to the following considerations :-—
(a) the age and character of the beggar :
(b) the circumstances and conditions in which the beggar
is living;
{c) report, if any, made by the Probation Officer ; and
(d) such other matters as may, in the opinion of the court,
require to be taken into consideration in the interest of
the beggar. :
(7) The report of the Probation Officer or any other repk»n
considered by the court shall be treated as confidential :
Provided that if such report retates to 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 to do communicate the substance
thereof to the heggar or, if the beggar is dependent to his parents or
guardian, if any. and may give the beggar or the parent or guardian, as the
case may be, an opportunity of producing evidence which may be relevant
to the matters stated in the report.
. (8} A cepy of the order made under sub-section (5) shall be
sent forthwith by the court to the Chief Inspector.
(9) Notwithstanding anything contained in this section, when
the persan found to be a beggar as aforesaid is a child, the court shatl not
make any order under sub-section (5) but forward the child to '[a Board
constituted under section 3 of the Haryana Children Act, 1974], for
being dealt with under that Act. For the purposc of ascertaining the age
of the beggar, the court muy, if necessaty, cause him to be examined
by a medicul officer.
5. (1) Whoever having been previously detained in a Certified
Institution in accordance with the provisions of section 4 is found
begging again shall on conviction be punishablc as is hereinafter
provided in this section.
(2) When a person is convicted for the second time the court
shall order him 1o be detained in a Certified Institution for 2 period not Ie:s
than one year and not more than three years. .
f. Substituted by Haryuna Act 27 af 1975,
Penalty
begging
detentio
Power of
courl 0
detaia
dependents.
Report of
Medical
Officer before
committal.
66 PREVENYION OF BEGGARY ) {1971 : K{aryana Act9
. (3) When a person is convicted for the third or subsequent
tlme the court shall order him to be detained for a periad of five years in
- the Certified Institution and may convert any period of such detention, noi
exceeding one year, into a sentence of imprisonment :
Provided that the total period-of detention dnd imprisonment, if
any, shall noi exceed five years.
6. (1) ‘When the court has ordered the detention of a beggar in a
Certified Institution under section 4 orsection 5, it may after making such
inquiry as it thinks fit, order any person who is wholly dependent on such
beggar to be detained in a Certified Institution for a like period :
Provided that before such an order is made such dependent ot his
pareats or guardian, if any, as the case may be, shall be given an opportunity
of showing cause why it should not be made.
(2) Where the dependent person is a child above the age of
five years, -he_pg_un shall forward him to '[a Board constituied under
section 3 of the Haryana Children Act, 1974, for being dealt with under
that Act] .. ,
7. (1) The court which fmds 2 person to be guilty under section 4
or section 5 shall, beforc passing any sentence of his committai to'a
Certified Institution, send such person to the medical officer incharge of
the local Civil Hospital or to the medical officer attached to a Certified
Institution, if any, and cali fora report about his age, physical capacity
for ordinary manual labour and also whether ‘he is suffering from any
mfecuous or conlaglous disease.
: (2) If the medlcal officer certifies that the said, person is not
a chlld, is physicaily capable of ordinary manual labour and is not
suffenng from any infectious or contagious disease, the court shalt
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 but is not suffering
from any infectious or contagious disease, the court shall pass a sentence
for committal of such person to a Special Home.
(4) If the medical officer reports that the said person is
suffering from any infectious or contagious disease, the court shall
pass a sentence for committal of such person to a Certified Home.
1. Subsiituted by Haryana Act 27 of 1975, -
1971 : Haryana Act 9] PREVENTION OF BEGGARY 67
8. Whaever escapes, from a Certified Institution 1o which he
has been committed cn conviction under the provisions of this Act
before the expiry of the period for which he has been commitied, shall
be punishable with imprisonment which may extend to three months.
9. Whoever employs-or causes any person lo solicit or receive
alms, or whoever having the custody, charge or care of a child, connives
at or encourages the employment or the causing of a child to solicit or
receive alms or whoever uses another person as an exhibit for the
purpose of begging, shall on conviction be punished with imprisonment
for a term which may extend to three years but which shall not be less
than one year.
10. The provisions of [Chapter XX‘{IH of the Code of Cnmmdl
Procedure, 1973}, shall so far as may be, apply to Donds taken under
this Act. .
11. Anappeal orrevision shall lie as provided in '[Chapters XXIX
and XXX of the Code of Criminal Procedure , 1973}, from any order of
detention made under this Act. The period of detention shall be deemed
to be a sentence of i |mpnconmenl for the same period.
12. Ifl‘he State Governmenl atany time, of its own motion or on
application made to it, is satisfied that a persen convicted under section
4 or section 5 and committed to a Centified Institution has been cured
of the diseasc or is in a fit state of health 1o earn his living ar is otherwise
fit to be discharged before the expiry of the period for which he has
besn committed, the State Government may by order, direct that the
person so detained shall be released subject to such restrictions and
conditions, if any, as may, be specified in the order.
- 13. The State Government may provide and maintain one or more
Reception Centres at such place or places as it thinks fit, and may
cerlify any institution to be a Reception Centre for the purposes of this
Act. : -
14. ({) The State Government may provide and maintain one or
more Certified Institutions at such place or places as it thinks fit, and
may certify any institution to be a Certified Institution for the purposes
of this Act. Any such Certified Institution may also provide for the
‘teaching of agricultural, industrial and other pursuits, and for the general
education and medical care of the inmates.
1. Substituted by Haryana Act 27 of 1975.
Punishme
for cscapt
from
Certified
Instituvion
Penaley’ fo
employin;
persan for
begging.
Bonds.
Appeal.
Power to
retease.
Receptio
Centres.
Instittia
Search in
Reception
Centres and
Certified
Institutions.
Management
and
discipline.
Disciplindry
imprison-
ment.
Appointment
of Chief
Inspector
and other
authorities.
68 PREVENTION OF BEGGARY [1971 : Haryana Act 9
(2) Evevy Ceriified Institution and Reception Centre shall
he under the charge of a Superintendent.
15. The Superintendent of a Reception Cenlre or a Ceriified
Institution may order that any person received in the Reception Centre
or Certified Institution shall be searched, cleansed, that his personal
effects shall be inspected, and that any money or valuables found with
or on the said person shall be kept in the custody of such Superintendent,
and that any effects other than money or valuables so found shall be
disposed of in the prescribed manner. Where an order of detention is
passed by the cowt against any such person, the Supcrintendent may
order that any moncy or valuables found with or on the said person
shall be disposed of in the prescribed manner. Where the court passes
an order other than an order of detention with regard to any such person,
his money and valuables shall be returned to him and if his clothing
has been destroyed, he shall be provided with fresh clothing. The
cxpenses of providing such clothing shall be borne by the State
Government :
Provided that a female shall be searched only by a fe'nnle with
due decency.
16. Persons remanded to, or detained in, Reception Centres and
Certified Institutions under this Act shall be subject to such rules of
management and discipline including the imposition of macual or other |, -
work and awarding of punishment as may, from time to time, be
prescribed. .
17. Without prejudice to any disciplinary action that may be -
taken under the scction immediately preceding, the Chief Inspector,
the Inspector.or Superintendent tay report to the court the case of any
person detained in a Cenified Institution who wilfully disobeys or
neglects to comply with any rule referred to in that section ; and the
court may thereupon, if satified that the said person has wilfully
disobeyed or neglecled to comply with any such rule, convert the
batance of the period of his detention in a Certified Institution or part
thereof into a term of imprisonment.
18. (1) For carrying out the purposes of this Act the State
Government may appoint a Chief Inspector of Certificd Institutions,
Inspectors and such numbcr of Assistant Inspectors and Probation
Officers as it thinks fit to assist the Chief Inspector, und every person
so appointed to assist the Chief Inspector shall have the powers, and
perform such of the duties of the Chicl Inspector, as the -State
1971 : Haryana Act 9] PREVENTION GF BEGGARY 69
Government may direct, but shall act under the dircctions of the Chicf
Inspector.
(2) Every Certified Institution shall, at least once in every six
months; be inspected by the Chief Inspector.
19. (1) Subject to conditions prescribed, the Chief Inspector may
direct any person detained in a Reception Centre or Cerlified [astitution
1o be transferred therefrom to another Reception Centre or Certified
Institution in the State :
Provided that the total period of detention of such person shall in
no case be increased by such transfer.
(2) In directing such transfer the Chief Inspector shall have
regard to the medical certificate and Lhe directions, if any, made by the
State Government, or court under section 23.
20. (7) Subjcct to such conditions as may be prescribed—
(a) the Chiel Inspector or the Superintendent of the
Certified Institution may at any time grant permission
to a person detained in a Certified Institution to absent
himseif for short periads : and
(b) the Chief Inspector may at any time release such
person conditionaily and issue him a licence thevefor.
(2) Any such licence shail be in force until the expiry of the
term for which the person was ordered 1o be detained in a Certified
Institution, unless sooner r(;voked.
(3) The period during which such person is absent from
Certified Institution by permission or by licence as aforesaid, shall,
for the purpose of computing his term of detention in a Certified
Institution, be deemed to be part of his detention.
21. (1} Subject to such conditions as may be prescribed, the Chief
Inspector may ut any time revoke licence issued under section 20, and
thereupon the released person shall be detained in 2 Certified Institution
until the expiry of the term for which he had been ordered to be detained.
(2) For the purpose of this section the Chief Inspectar may,
if necessary, cause the released person to be arrested and sent fo the
nearest Reception Centre together with a copy of the order of detention,
and theretpon the provisions of sub-section (1) of section 22 may apply.
Transfe
frem or
Recepti
Centre ¢
Certifie.
Instituti
another.
Reicase
liceace.
Revoca
of ticent
Procedure
on order of
dletention or
sentence of
imprison-
ment.
Medical
Examination
and deten-
tion of
ieprasy
paticats and
tunatsics.
70 PREVENTION OF BEGGARY 11971 : Haryana Act 9
22. (/) Subject to the provisions of sub-section (2) when a person
has been ordered to be detained in a Certified Institution under section
4, seclion 5 or section 6, the court which ordered the detention shall
forthwith forward him to the nearest Reception Centre with a copy of
the order of detention. The person shall thereupon be handed over to
the custody of the Superintenderit of the Reception Centre and shall be
detained in the Reception Centre until he is sent lhcrefrom to a Certified
Institution.
(2) When any such person has also been sentenced to
imprisonment under sub-section (3) of section 5, or section 17, the
court passing the scatence of imprisonment shall forthwith forward a
warrant to a jail in which he is to be confined and shall forward him to
such jai] with thc warrant together with a copy of the order of detention.
After the sentence of imprisonment is fully executed, the officer
executing it shall, if detention in a Certified Institution for any period
remains to be undergone by such person, forward him forthwith together
with a copy of the order of detention ta the nearest Reception Centre,
and thereupon the provisions of sub-section (/) shall apply.
(3) in computing the perivd for which a person is ordered to
be detained in a Certified Institution there shall be included the period
for which he is detained in a4 Reception Centre under this section.
23. (1) Where it appears to the State Government that any beggar
detained in a Certified Institution under any order of a court is of
unsound mind or is a leper, the State Government may by any order
setting forth the grounds of belief that the beggar is of unsound mind
or a leper order his removal to a mental hospital or leper asylum or
other place of safe custody, there to be képt and treated as State
Gavernment directs 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 that it is necessary -for the safety of the
beggar or of others that he should be further detained under medical
care or treatment, he should be detamed until he is discharged according
to law. .
(2) Where it appcars to the State Govcmmcm that the beggar
has ceased to be of unsound mind, or is cured of leprosy, the State
Government shall, if he is no longer liuble to be kept in custody, order
him to be discharged. In cusc the beggar is still [iable to be kept in
custody the State Government shall, by an order directed to Lhe person
having charge of the beggar, send him to the Certified Institution from
which he was removed.
1971 : Haryana Act 9} " PREVENTION OF BEGGARY 71
(3) The provisions of section 31 of the Indian Lunacy Act,
1912, and the provisions of section 14 of the Lcpers Act, 1898, shait
apply 10 every beggar confined in a mental hospital or leper asylum
under sub-section (/) after the expiration of the period for which he
was ordered to be detained ; and the lime during which a beggar is
confined in a mental hospital or leper asylum under that sub-section
shall be reckoned as part of the period for \\hnch he muy have been
ordered by the Court to be detained :
Provided that where the removal of a beggar due to unsoundness
of mind or leprosy is immediately necessary, it shall be open to the
authorities of the institution in which the beggar is detained to apply 1o
a court having jurisdiction under the Indian Lunacy Act, 1912, or the
Lepers Act, 1898, as the case may be, for an immediate order of his
committal to a mental hospital or a leper asylum.
24. (1) The State Government may direct any person detained
in a Certified Institution to be transferred therefrom to any Institution
of a like nalure in any other part of India in respect of which provision
similar to that in the State of Haryana is made by the State Government
of that part under any Jaw in force therein :
Provided that no person shall be tr..msferrcd under this section to
any otherState without the consent of the Government of that other
State.
(2) The State Government may, in consultation with the
Superintendent of any Centified Institution consent to the transfer to
that Institution of any person in respect of whom an order of detention
has been made by 2 competent authority in any other part of India 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. (1) Any Poiice Officer or other person effecting, under sub-
section (1) of section 3, the arrest of a person who was found begging
may seize any animal the sore, wound, injury, deformity or disease of
which was exposed or ¢xhibited by such person with the object of
soliciting or receiving aims.
(2) The Police Officer or other person effecting the seizure
may remove such animal to any infirmary appointed under scction 35
of the Prevention of Cruclty 10 Animals Act, 1890, for detention therein
pending orders of the Court under sub-section (3) 1
Transfe:
between
Cenifiec
Instituti
Seizure
disposal
animals
Qifences 0
be cagai-’
zzhle and
non-bailable.
Persons 0
be decmed
public
servants.
Visiting
Committce.
Advisory
Commitiee.
72 PREVENTION OF BEGGARY [1971 : Haryana Act 9
Provided that the other person may hand over the seized animal
to a Police Officer if he finds it convenient. '
(3) The Court befarc which the person found begging is brought
may direct that the animal shall be teated and cared for in such infirmary
until it is fit for discharge or that it shall be sent to a pinjrapole, or if the
veterinary officer incharge of the area in which the-animal is found or
such other veterinary officer as has been authorised by the rules made
under section. {5 of the Prevention of Cruelty to Animals Act, 1890, certifies
that it is incurable or cannot be removed without cruelty, that it shall be
destroyed ; and the Court may also order that after release from the infirmary
the animal may be confiscated.
{4} An animal sent for care and treaiment to any infirmary shall
not, unless the Court directs that it shall be sent to a pinjrapole or that it
shall be destroyed, be released from such place except upon a certificate
ofits fitness for discharge issued by the veterinary officer incharge of the
area in which the infirmary is situated or such other veterinary officer as
has been authorised by rules made under section 15 of the Prevention of
Cruelty to Animals Act, 1890.
26. The offences under sections 5 and 9 of this Act shall be
cognizable and non-bailable.
27. All persons empowered to performi any function under this Act
shall be deemed to be public servants within the meaning of the Indian
Penal Code, 1860 {XLV of 1860).
28. For every Centified 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. (1) The State Govemment may,for the whole or uny part of
the State, constitute an Advisory Cormittee consisting of suv.h persons,
not exceeding eleven in number, as it may appoint:
Provided that, where a lacal authority has agreed to render such
financial assistance as the State Government may consider proper in
each case, for the maintenance of Certified Institutions in which beggars
_from the area subject to the jurisdiction of the local authority are
1971 : Haryana Act 9] ;. PREVENTION OF BEGGARY 73
detained, the State Government shal! appoint such numbcer of persons
as it deems fiton the Advisory Committee for such area representing
the 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 nstitution, in which beggars from that area are
detained.
(3) The Advisory Commillce may also,— .
(a) 1ender advice as regards management to any Certified
Institution through the Chief Inspector or such other
officer as the State Government may specify ;
(b) collect subscriptions towards the recurring as well 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 the prescribed manner ;
(c) adv1se the Stale Govemment through the Chief
Inspector, as regards’ the certification of any
institution as a Certified Institution or the
decertification of any Certified Institution within the
area ; and
(d) advise the State Government generally on the working
of this Act in that area 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
against any person empowered to perform any function under this Act
for anything which is in gaod faith done or intended to be done under
this Act.
31. (1) The State Government may, by notification and subject
to the condition of previous publication make rules for carrying out
the purposes of this Act.
. (2) In parl.iculair, and without i:réjudice to the generality of
the foregoing power, such rules may provide for,—
*(a} the manner of authorising a purpose under clause (a)
of section 2 ; ‘
Protection of
action taken
undcr this
Act.
Power v
make rules.
74 PREVENTION OF BEGGARY [1971 : Haryana Act 9
(b) the manner of keeping persons arresied of animily
scized under sub-section (1} of section 3 or sub-
section (7} ul' sez,tlon 25, respectively ;
(c) the manner of makmg summary inquiry under sub-
section (1) of section 4 ;
{d) the manner in which and the place at which the persons
sentenced under section 5 and section 17 shall serve
their periods of imprisonment ;
{e) the manaer of medical examination of béggars 3
{f) thc manner in which the effects and the money and
valuables referred to in section 15 shall be disposed of : IR
(g) the management of Certified Institutions, the detention
of ‘persons committed to them and the maintenance, care,
treatment and instructions of such persons including all
. matters relating to their labour and general conduct ;
(h) the management and discipline of persons detaincd
in a Reception Centre or 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 ;
. (j} the conditions subject to which the Chief Inspector may
direct transfers undersection 19 ;
(k) the conditions subjectto whlch a person may be m]eassd
on licénce under section 20';' ! e
(1) the conditions subject to which a licence may be revoked
under sccuun 21
(m) the dwcharge of persons from Certified Institutions;
{n) the nature, incidents and maximum periods of the
punishment-to be imposed on persons detained in
Certified Insmutmns for breach of any rules or for failure
or negiect to accept :my employmcnt outside such
institutions which may be §é¢ured for them ;
1971 : Haryana Act 9] PREVENTION OF BEGGARY 75
(o) the manner of appointing a Visiting Committee under
section 28.and the powers, duties and functions
thereof ;
(p) the appointment of Visiting and Advisory Committees
and assignment of powers, duties and functions of such
committces ; and
(g) any other matter which has to be or may be 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 pottr.
(4) Every rule made under this section shall 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 mare successive 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 that the rule should not be made, 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. If any difficulty arises in giving effect 1o the provisions of
this Act, the State Government 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 difficulty.
Removal of
difficulties.