LexThe Himachal Pradesh Prevention of Beggary Act, 1979
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH PREVENTION OF BEGGARY ACT, 1979
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Removal of a beggar from any place.
4. Punishment for living on the earnings of a begg ar.
5. Procuring, inducing or taking a child or female for the sake of
begging.
6. Sentence of imprisonment for non-payment of fin e.
7. Probation of good conduct and detention in begg ar homes.
8. Security of good behaviour from habitual offend ers.
9. Notification of addresses of offenders.
10. Offences to be cognizable and triable summaril y.
11. Seizure and custody of animals exposed for sol iciting alms.
12. Seizure and custody of a child found with a be ggar.
13. Beggar homes.
14. Protection of action taken in good faith.
15. Power to remove difficulties.
16. Power to make rules.
17. Operation of other Laws not barred.
THE HIMACHAL PRADESH PREVENTION OF BEGGARY ACT, 1979
(ACT NO. 22 OF 1979)
1
(Received the assent of the President on 18 th August, 1979 and was
published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated 8 th
September, 1979, pp. 2252-2260).
An Act to provide for the prevention of begging, removal, detention a nd
custody, trial and punishment of beggar offenders.
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the
Thirtieth Year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be called
the Himachal Pradesh Prevention of Beggary Act, 1979.
1. For Statement of Objects and Reasons see the Rajpat ra, Himachal Pradesh (Extra-
ordinary), dated 7th April, 1979, p. 1265.
2 THE HIMACHAL PRADESH PREVENTION OF BEGGARY ACT, 1979
(2) It shall extend to the whole of Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions.- ln this Act, unless the context otherwise requires,-
(a) "alms" means anything such as money, food cooked or un-
cooked, grain or clothing or anything of value give n gratuitously
to a beggar;
(b) "begging" means-
(i) soliciting or receiving alms in a public place, und er any
pretence;
(ii) having no visible means of subsistence and wanderin g about
or remaining in public place in such condition or m anner as,
makes it likely that the person doing so exists by soliciting or
receiving alms;
(iii) entering in any private premises for the purpose of soliciting
or receiving alms;
(iv) exposing or exhibiting, with the object of obtainin g or
extorting alms, any sore, wound, injury, deformity or
disease, whether of a human being or of an animal; or
(v) allowing oneself to be used as an exhibit or exhibi ting
someone else (e.g . a child or some article, animal, bird,
snake, etc.) for the purpose of soliciting or recei ving alms;
but does not include soliciting or receiving money or food or
gifts for a purpose authorised by any law, or autho rised in
the manner prescribed;
(c) "beggar" means a person who is found begging;
(d) "child" means a boy who has not attained the age of sixteen years
or a girl who has not attained the age of eighteen years;
(e) “guardian" in relation to a child, includes any person who, in
opinion of the competent authority having cognizanc e of any
proceeding in relation to the child, has, for the t ime being, the
actual charge of, or control over that child;
(f) "parent" means the father or the mother of chi ld;
(g) "prescribed" means prescribed by rules made un der this Act;
(h) "public place" means and includes any place or precincts thereof
to which, for the time being, the public have or ar e permitted to
have an access, whether on payment or otherwise, an d includes
any public conveyance, a passenger bus and a railwa y
compartment;
(i) "special police officer" means a police officer not below the rank
THE HIMACHAL PRADESH PREVENTION OF BEGGARY ACT, 1979 3
of an Inspector appointed by or on behalf of the St ate Govern-
ment to be in charge of police duties within a spec ified area for
the purpose of this Act.
3. Removal of a beggar from any place.- ( l) Whenever a person is
alleged to be begging and is produced before the Ma gistrate, the Magistrate shall
proceed to inquire into the truth of the informatio n received and, after giving the
person an opportunity of adducing evidence, take su ch further evidence as he
thinks fit, and if upon such inquiry it appears to him that such a person is found
begging, he shall record a declaration that the per son is a beggar. The Magistrate
shall also determine, after making an enquiry in th e manner prescribed, whether
the person was born in the State of Himachal Prades h and domiciled therein and
shall include his findings in the declaration.
(2) If in the course of an inquiry made under sub-s ection (1), it appears to
the Magistrate that the person declared a beggar un der sub-section (1) is neither
born nor domiciled in the State of Himachal Pradesh, the Magistrate, after making
such enquiry, if any, as he deems necessary, and if upon such enquiry it appears to
him that it is in the interest of the general publi c that such person should be
required to remove himself therefrom and be prohibi ted from re-entering the
same, the Magistrate shall by order in writing comm unicated to the person in the
manner specified therein, require him after a date (to be specified in the order),
which shall not be less than seven days from the date of the order, to remove from
the place to such place, whether within or without the local limits of his
jurisdiction, by such route or routes, and within s uch time as may be specified in
the order and also prohibit him from re-entering th e place without the permission
in writing of the Magistrate having jurisdiction over such place.
(3) Whoever-
(a) fails to comply with an order issued under sub- section(2), within
the period specified therein, or whilst an order pr ohibiting him of
her from re-entering a place without permission is in force, re-
enters the place without such permission, or
(b) knowingly that any person has, under sub-sectio n (2) been reqired
to remove himself or herself from the place and has not obtained
requisite permission to re-enter it, harbours or co nceals such
person in the place, shall be punishable,-
(i) on first conviction with imprisonment for a ter m which may
extend to three months, or with a fine which may ex tend to
five hundred rupees, or with both; and
(ii) in the event of a second or subsequent convict ion with
imprisonment for a term not less than three months and
with fine which may extend to one thousand rupees; and
(iii) in the case of continuing offence with an ad ditional fine
which may extend to twenty rupees for every day aft er the
first offence during which such person has persiste d the
offence:
4 THE HIMACHAL PRADESH PREVENTION OF BEGGARY ACT, 1979
Provided that in the case of conviction for an offence under sub-clause (ii)
of this sub-section, for special and adequate reaso ns to be mentioned in the
judgment of the court, the sentence of less than th ree months’ imprisonment may
be passed.
(4) If in the course of an enquiry made under sub-section (1), it appears to
the Magistrate that the person declared a beggar un der sub-section(1), is either
born or domiciled in the State of Himachal Pradesh or that it would not be in the
general public interest to order his removal under sub-section (2), shall, after
giving such a person an opportunity of adducing further evidence, as he may deem
fit, punish such a beggar,-
(a) on first conviction with imprisonment for a ter m which may
extend to three months, or with fine which may exte nd to five
hundred rupees, or with both; and
(b) in the event of a second subsequent conviction with
imprisonment for a term of not less than three mont hs and with
fine which may extend to one thousand rupees:
Provided that in the case of conviction for an offence under sub-clause (b)
of this sub-section, for special and adequate reaso ns to be mentioned in the
judgement of the court, a sentence of less than thr ee months’ imprisonment may
be passed.
(5) Notwithstanding anything contained in this section, if any person, who
is declared as a beggar under sub-section(1), is a child, shall be dealt with under
the provisions of the East Punjab Children Act, 194 9 (39 of 1949), as in force in
the areas added to Himachal Pradesh under section 5 of the Punjab Re-
organisation Act, 1966 (31 of 1966), or the Children Act, 1960 (60 of 1960), as in
force in the areas, which comprised in Himachal Pra desh immediately before the
1st day of November, 1966, as the case may be.
4. Punishment for living on the earnings of a beggar.- (l) A person over
the age of 18 years who knowingly lives, wholly or in part, on the earnings of a
beggar shall be punishable on first conviction with imprisonment for a term which
may extend to three months, or with fine which may extend to one thousand
rupees, or with both.
(2) In the event of a second or subsequent convicti on of an offence under
this section a person shall be punishable with impr isonment for a term of not less
than three months and with fine which may extend to two thousand rupees:
Provided that in the case of conviction for an offe nce under this sub-
section, for special and adequate reasons to be men tioned in the judgement of the
court, a sentence of less than three months' imprisonment may be passed.
(3) Where any person is proved-
(a) to be living with or to be habitually in company of, a beggar; or
(b) to have exercised control, direction or influence o ver the
movements of a beggar in such a manner as to show t hat such
THE HIMACHAL PRADESH PREVENTION OF BEGGARY ACT, 1979 5
person is aiding, abetting or compelling him to beg; or
(c) to be acting as a tout on behalf of a beggar; or
(d) to be employing or causing any person to beg; or
(e) to have connived or encouraged the employment of a child,
whose custody, charge, or care is with such a perso n, for begging
; or
(f) to have used another person as an exhibit for the p urpose of
begging;
it shall be presumed, until contrary is proved, tha t such person is
knowingly living on the earnings of a beggar within the meaning of this section.
5. Procuring, inducing, or taking a child or female for the sake of
begging.- (l) Any person over the age of 18 years who,-
(a) procures or attempts to induce a child or a female, whether with
or without consent, for the purpose of begging; or
(b) induces a child or a female to go from any place, w ith the intent
that such child or female may become a beggar; or
(c) takes or attempts to take a child or female, or cau ses a child or
female to be taken, from one place, to another with a view to his/
her carrying on, or being brought up to carry on beggary; or
(d) causes, or induces a child or a female to carry on beggary;
shall be punishable on first conviction with impris onment for a term of not less
than three months, or with fine which may extend to two thousand rupees, or with
both.
(2) In the event of a second or subsequent conviction of an offence under
this section a person shall be punishable with rigorous imprisonment for a term of
not less than three months and with fine which may extend to two thousand
rupees:
Provided that in the case of conviction for an offe nce under this sub-sec-
tion, for special and adequate reasons to be mentioned in the judgment of the court
a sentence of less than three months imprisonment may be passed.
(3) An offence under this section shall be triable-
(a) in the place from which a child or female is procured, induced to
go, taken or caused to be taken or from which an attempt to
procure or take such child or female is made; or
(b) in the place to which he/she may have gone as a result of the
inducement or to which he/she is taken or caused to be taken or
an attempt to take him/her is made.
6. Sentence of imprisonment for non-payment of fine.- In every case of
an offence punishable with imprisonment as well as fine, in which the offender is
6 THE HIMACHAL PRADESH PREVENTION OF BEGGARY ACT, 1979
sentenced to a fine, whether with or without imprisonment and in every case of an
offence punishable with imprisonment or fine, or wi th fine only, in which the
offender is sentenced to a fine, it shall be compet ent to the court, which sentences
such offender, to direct by the sentence that, in d efault of payment of fine, the
offender shall suffer imprisonment for a term not exceeding one-fourth of the term
of imprisonment which is the maximum fixed for the offence, if the offence be
punishable with imprisonment as well as fine, which imprisonment shall be in
excess of another imprisonment to which he may have been sentenced or to which
he may be liable under a commutation of a sentence.
7. Probation of good conduct and detention in begga r homes.- (1) (a)
A person convicted for the first time of any offenc e under section 3 may having
regard to his age, character, antecedents, and the circumstances in which the
offence was committed be released by the court befo re which he is convicted on
probation of good conduct in the manner provided in sub-sections (1) and (2) of
section 360 of Code of Criminal Procedure, 1973 (2 of 1974).
(b) A person convicted for the first time of any offenc e under section 3
may having regard to his age, character, antecedent s and the circumstances in
which the offence was committed also be released wi th admonition in the manner
provided in sub-section (3) of section 360 of the C ode of Criminal Procedure,
1973 (2 of 1974).
(c) The provisions of sub-sections (4), (5), (6), (7), (8), (9) and (10) of
section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to the
cases referred to in clauses (a) and (b).
(2) Where a child or a female is convicted of an of fence under section 3
and is not released under clause (a) of sub-section (1) on probation of good
conduct or under clause (b) of that sub-section with admonition, the court
convicting the child or the female may, having rega rd to the age, character,
antecedents of the child or the female, as the case may be, and the circumstances
in which the offence was committed, pass in lieu of the sentence of imprisonment
or fine, a sentence of detention in a beggar home.
(3) Notwithstanding anything contained in the Code of Criminal Pro-
cedure, 1973 (2 of 1974), or any other law for the time being in force, no person
convicted under section 4 or section 5 shall be rel eased on probation or with
admonition.
8. Security of good behaviour from habitual offende rs.- ( 1) When a
court convicting a person of an offence under this Act finds that he has been
habitually committing or attempting to commit, or a betting the commission of,
that offence or any other offence under this Act an d the court is of opinion that it
is necessary or desirable to require that person to execute a bond for good
behaviour, such court may at the time of passing th e sentence on the person order
him to execute a bond for a sum proportionate to hi s means with or without
sureties for his good behaviour during such period not exceeding three years, as it
thinks fit.
(2) If the conviction is set aside on appeal or oth erwise the bond executed
shall become void.
THE HIMACHAL PRADESH PREVENTION OF BEGGARY ACT, 1979 7
(3) An order under this section may also be made by an appellate court or
by the High Court when exercising its powers of revision.
9. Notification of addresses of offenders.- ( 1) When any person is
convicted of any offence punishable under this Act by a court, such court may, if
it thinks fit, at the time of passing the sentence of imprisonment on such person,
also order that his residence, and any change of, o r absence from, such residence,
after release be notified according to the rules made under this Act for a period not
exceeding five years from the date of expiration of that sentence.
(2) If such conviction is set aside on appeal or ot herwise such order shall
become void.
(3) An order under this section may also be made by an appellate court or
by the High Court when exercising its powers of revision.
(4) Any person charged with a breach of any rule re ferred to in sub-
section (I) may be tried by a Magistrate of compete nt jurisdiction in the area in
which the place last notified as his residence is situated.
10. Offences to be cognizable and triable summarily.- Notwith-
standing anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),
every offence punishable under this Act shall be co gnizable and every such
offence shall be tried summarily by a Magistrate of the first class in accordance
with the procedure specified in the said Code:
Provided that, notwithstanding anything contained in the Code-
(i) arrest without a warrant may be made only by the sp ecial police
officer or under his direction or guidance or subje ct to his prior
approval;
(ii) when the special police officer requires any officer subordinate to
him to arrest without warrant, otherwise than in hi s presence, any
person for an offence under this Act, he shall give that subor-
dinate officer an order in writing, specifying the person to be
arrested and the offence for which the arrest is be ing made; and
the latter officer before arresting the person shal l inform him of
the substance of the order and, on being required b y such person,
show him the order;
(iii) any police officer, not below the rank of an Inspec tor specially
authorised by the special police officer may, if he has reason to
believe that on account of delay involved in obtaining the order of
the special police officer, any valuable evidence r elating to any
offence under this Act is likely to be destroyed or concealed, or
the person who has committed or is suspected to hav e committed
the offence is likely to escape or if the name and address of such a
person is unknown or there is reason to suspect tha t a false name
or address has been given, arrest the person concer ned without
such order, but in such a case he shall report, as soon as may be,
to the special police officer the arrest and the ci rcumstances in
which the arrest was made.
8 THE HIMACHAL PRADESH PREVENTION OF BEGGARY ACT, 1979
11. Seizure and custody of animals exposed for soli citing alms.- (1)
The special police officer, or any other police off icer acting either under the
directions of the special police officer or in the circumstances given in third
proviso to section 10, affecting the arrest of a pe rson, who is found begging, may
seize any animal, the sore, wound, injury, deformit y or disease of which is
exposed or exhibited by such person with the object of soliciting or receiving
alms.
(2) The police officer, affecting the seizure under sub-section (1), may
send such an animal to any infirmary established un der section 35 of the
Prevention of Cruelty to Animals Act, 1960 (59 of 1 960) for detention therein
pending orders of the Magistrate under sub-section (3) of this section.
(3) The Magistrate, before whom the person found be gging is brought,
may direct that the animal shall be treated and car ed for in such infirmary until it
becomes fit for discharge or that it shall be sent to a pinjrapole, or if the veterinary
officer-in-charge of the area in which the animal i s found or such other veterinary
officer as has been authorised by the rules made un der section 38 of the
Prevention of Cruelty to Animals Act, 1960 (59 of 1 960), certifies that it is
incurable or cannot be cured without cruelty, that it shall be destroyed, and the
Magistrate may also order that after release from' the infirmary the animal may be
confiscated.
(4) An animal sent for care and treatment to any in firmary shall not,
unless the Magistrate otherwise directs, be released from such place except upon a
certificate of its fitness for discharge is issued by the veterinary officer incharge of
the area, in which the infirmary is situated, or su ch other veterinary officer as has
been authorised by rules made under section 38 of t he Prevention of Cruelty to
Animals Act, 1960 (59 of 1960).
12. Seizure and custody of a child found with a beggar.- (l) The special
police officer or any other police officer acting e ither under the directions of a
special police officer or in the circumstances mentioned in third proviso to section
10, affecting the arrest of a person under this Act , may take into his custody any
child or a female found with such person as being p rocured, induced or taken by
such person for the purpose of begging and send or cause to be sent the said child
or the female, as the case may be, to the beggar home.
(2) The in charge of the beggar home shall be respo nsible for the care of
the child or the female, as the case may be, and sh all produce or cause to be
produced him/her, before the Magistrate, as and whe n so required during the trial
of the case. The Magistrate may, after making such enquiries as he may deem fit,
make an order that such child/female be detained fo r such period as may be
specified in the order in a beggar home or in such other custody as he, for reasons
to be recorded in writing, shall consider suitable:
Provided that such custody shall not be that of a p erson, or body of
persons, of a religious persuasion different from t hat of the child or the female to
be looked after.
(3) Whenever it is established that the person whos e custody has been
entrusted to a beggar home under this section is a lifted child, the Magistrate may,
THE HIMACHAL PRADESH PREVENTION OF BEGGARY ACT, 1979 9
after making such enquiry as he may deem fit and sa tisfying himself as to the
correctness of the parentage of such a child, resto re the child to his parents or his
legal guardian, with the condition that the said child shall be properly looked after
and brought up and shall be produced before him whenever so required.
(4) Against every order under sub-section (2) or (3 ) an appeal shall lie to
the Sessions Judge, whose decision on such appeal shall be final.
13. Beggar homes.- ( 1) The State Government may in its discretion
establish as many beggar homes for the purpose of t his Act as it thinks fit, and
such homes, when established, shall be maintained i n such manner as may be
prescribed.
(2) For the purpose of sub-section (I) the State Go vernment may by
notification in the Official Gazette and subject to such conditions as it may deem
fit to impose, declare any institution such as 'chi ldren home', 'destitute home', run
by the Government or by any other institution, and on such declaration the said
home or institution shall be deemed to be a beggar home established under this
Act:
Provided that any such condition may require that t he management of the
beggar home shall, wherever practicable, be entrusted to a woman.
14. Protection of action taken in good faith.- No suit, prosecution or
other legal proceedings shall lie against the Gover nment or any officer or
authority, vested with powers or authorised to disc harge any function under this
Act, for anything which is in good faith done or is intended to be done under this
Act.
15. Power to remove difficulties.- If any difficulty arises in giving effect
to the provisions of this Act, the State Government may, by order published in the
Official Gazette, make such provision or give such directions not inconsistent with
the provisions of this Act, as may appear to it to be necessary or expedient for the
removal of such difficulty.
16. Power to make rules.- (l) The State Government may, by notification
in the Official Gazette and subject to the conditio n of previous publication, make
rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the gene rality of the foregoing
powers such rules may provide for,-
(a) the manner of authorising a purpose under clause (b) of section 2;
(b) the manner in which the residence and any change of residence of
a convict is required to be notified under section 9;
(c) the manner in which the beggar homes established un der sub-
section (1) of section 13 shall be maintained;
(d) the conditions subject to which the institutions may be declared as
beggar homes under sub-section (2) of section 13; and
(e) any other matter which has to be, or may be, prescr ibed under the
Act.
10 THE HIMACHAL PRADESH PREVENTION OF BEGGARY ACT, 1979
(3) Every rule made under this section shall be lai d, as soon as may be,
after it is made, before the Legislative Assembly w hile it is in session for a total
period of not less than fourteen days, which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session in which
it is so laid or the sessions aforesaid, the Legisl ative Assembly makes any
modification in the rule or decides that the rule s hould not be made, the rule shall
thereafter have effect only in such modified form o r 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.
17. Operation of other laws not barred.- Nothing in this Act shall be
deemed to prevent any person from being prosecuted under any other law for any
act or omission which constituted an offence under this Act or from being liable
under such other law to higher punishment or penalt y than that provided by these
provisions.
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