The JAMMU AND KASHMIR PREVENTION OF BEGGARY ACT, 1960

PREVENTION OF BEGGARY
ACT, 1960
(Act No. XL of 1960)
THE JAMMU AND KASHMIR PREVENTION OF BEGGARY
ACT, 1960
(Act No. XL of 1960)
CONTENTS
Preamble.
SECTION.
1. Short title, extent and commencement.
2. Definitions.
3. Begging an offence under this Act.
4. Arrest without warrant.
5. Summary inquiry in respect of persons found begging and their deten-
tion.
6. Penalty for begging after detention as beggar.
7. Punishment for escape from Sick Home, Beggar’s Home or Children’s
Home.
8. Release.
9. Rule making power.
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58 PREVENTION OF BEGGARY ACT, 1960
PREVENTION OF BEGGARY ACT, 1960 59
THE JAMMU AND KASHMIR PREVENTION OF BEGGARY
ACT, 1960
(Act No. XL of 1960)
[Received the assent of the Sadar-i-Riyasat on 16th October, 1960 and
published in Government Gazette dated 6th December, 1960].
An Act for preventing beggary and making beggars good citizens.
Be it enacted by the Jammu and Kashmir State Legislature in the Eleventh
Year of the Republic of India as follows :––
1. Short title, extent and commencement. ––(1) This Act may be called
the Jammu and Kashmir Prevention of Beggary Act, 1960.
(2) It shall extend to 1[the whole of the Union territory of Jammu and
Kashmir] or any particular area as specified by the Government.
2[(3) It shall come into force in such area or areas and on such date or
dates as the Government may, by notification, specify in this behalf, in the
3[Government Gazette].]
2. Definitions.–– In this Act unless there is anything repugnant in the
subject or context,––
(a) “begging” means,—
(i) soliciting alms in a public place, or in or about a temple, mosque
or other place of public worship, whether or not under any
pretence ;
(ii) entering on any private premises for the purpose of soliciting
alms ;
(iii) exposing or exhibiting with the object of obtaining or extorting
alms, any sore, wound, injury, deformity or disease whether of
human being or an animal ;
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “the whole of the State of Jammu and
Kashmir”.
2. Enforced on 1-1-1965 within Municipal limits of cities of Jammu and Srinagar and Town
Area Committees of Udhampur, Kathua, Baramulla, Anantnag, Sopore, Katra, Jammu vide
SRO-298 dated 16-9-1964.
3. Now Official Gazette.
60 PREVENTION OF BEGGARY ACT, 1960
(iv) having no visible means of subsistence and wandering about
or remaining in any public place or in a temple, mosque or other
place of public worship in such condition or manner as makes
it like that the person doing so exists by soliciting alms ;
(v) allowing himself to be used as an exhibit for the purpose of
soliciting alms, but does not include soliciting money or fee or
gift for a purpose authorised by law or authorised in the pre-
scribed manner by the District Magistrate ;
(b) “Sick Home”means a home certified by the Government or by any
subordinate authority empowered by it in this behalf to be a fit
place for the reception of beggars suffering from leprosy or any
other infectious or contagious disease ;
(c) “Court” means the Court of a 1[Judicial Magistrate] Ist Class ;
(d) “Police Officer” means a Police Officer not below the rank of a
Sub-Inspector of Police ;
(e) “prescribed” means prescribed by rules made under this Act ;
(f) “public place” means any highway, public park or garden and any
public bridge, road, lane, foot-way, square, court, alley or passage ;
(g) “Beggar’s Home” means a home notified by the Government as
suitable for the reception of beggars above the age of 14 years ;
(h) “Children’s Home” means a place notified by the Government as
suitable for the reception of beggars below the age of 14 years and
not suffering from any infectious or contagious disease.
3. Begging an offence under this Act.–– If any person is found begging
within an area to which this Act applies, he shall be guilty of an offence under
this Act.
4. Arrest without warrant. ––(1) Any Police Officer or other person
authorised in this behalf by the District Magistrate may arrest without a warrant
any person who is found begging.
(2) The provisions of 2[section 57 of the Code of Criminal Procedure,
1973 (2 of 1974)], shall apply to every arrest under this section, and the officer-
1. Substituted by Act XL of 1966 for “Magistrate”.
2. Substituted by S.O. 1229(E) dated 31.03.2020 for “section 61 of the Code of Criminal
Procedure, Svt. 1989”.
PREVENTION OF BEGGARY ACT, 1960 61
in-charge of the Police Station shall cause the arrested person to be kept in the
prescribed manner until he can be brought before the Court.
5. Summary inquiry in respect of persons found begging and their
detention. ––(1) Where a person is brought before the Court under section 4,
the Court shall make a summary inquiry as regards the allegation that he was
found begging.
(2) If the inquiry referred to in sub-section (1) cannot be completed
forthwith, the Court may adjourn it from time to time and order the person to
be remanded to such place and custody as may be convenient.
(3) If on making the inquiry referred to in sub-section (1) the Court is not
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 (1) the Court is
satisfied that such person was found begging, it shall record a declaration that
the person is a beggar. The Court shall also determine after making an inquiry
whether the person was born in the State of Jammu and Kashmir and ordinarily
resides therein and shall include the findings in the declaration.
(5) The Court shall order the person declared as beggar under sub-section
(4) to be detained in a Sick Home, Children’s Home or a Beggar’s Home, as the
case may be, for a period not less than one year and not more than three years in
the case of first offence.
6. Penalty for begging after detention as beggar. ––(1) Whoever having
been previously declared or detained in a Sick Home, Beggar’s Home or
Children’s Home, as the case may be, in accordance with the provision of
section 5, is found begging shall on conviction be punished as is hereinafter
referred to in this section.
(2) When a person is convicted for the second time under sub-section (1)
the Court shall order him to be detained in a Sick Home, Beggar’s Home or
Children’s Home, as the case may be, for not less than three years and not more
than seven years :
Provided that if the Court, at any time after passing of the sentence, of its
own motion, or an application, is satisfied that the person sentenced under
this sub-section or section 7, sub-section (2), sub-section (5) of section 5 is
not likely to beg again, it may release that person after due admonition on a
bond for his abstaining from begging and being of good behaviour, being
62 PREVENTION OF BEGGARY ACT, 1960
executed with or without sureties, as the Court may require, by the beggar or
any other person whom the Court considers suitable.
7. Punishment for escape from Sick Home, Beggar’s Home or Children’s
Home.–– Whoever escapes from a Sick Home, Beggar’s Home or Children’s
Home to which he has been committed, on conviction under the provisions
of this Act, before the expiry of the period for which he has been committed,
shall be punished with fine which may extend to one hundred rupees or with
imprisonment which may extend to three months.
8. Release.–– If the Government at any time, of its own motion, or an
application, is satisfied that a person convicted under section 5 or 6 and
committed to a Sick Home, a Beggar’s Home or a Children’s Home has been
cured of disease or is in a fit state of health to earn his living or is otherwise
fit to be discharged before the expiry of the period for which he has been
committed, the Government may by order direct that the person so detained
be released subject to such restrictions and conditions, if any, as may be
specified in the order.
9. Rule making power.–– The Government may by notification and
subject to the conditions of previous publication, make rules for carrying
into effect the provisions of this Act.
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