LexThe KARNATAKA PROHIBITION OF BEGGARY ACT, 1975
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ARRANGEMENT OF SECTIONS
Statement of Object and Reasons
Sections :
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
CHAPTER II
DEFINITIONS
2. Definitions.
CHAPTER III
PROHIBITION OF BEGGING
3. Begging prohibited.
CHAPTER IV
CONSTITUTION AND ADMINISTRATION
4. Central Relief Committee.
5. Local Committees.
6. Local administration.
CHAPTER V
INSTITUTIONS
7. Receiving Centres.
8. Relief Centres.
9. Management of institutions.
10. Enforcement of descipline.
CHAPTER VI
PROCEDURE AND PUNISHMENTS
11. Arrest and enquiry.
12. Magistrate to send beggar to the relief centre.
13. Infirm, disabled and decrepit beggers and persons suffering from any incurable
disease to be arrested and sent to receiving centres.
14. Medical examination and detention of leprosy patients and lunatics.
15. Beggar to leave Institution on discharge or permission.
16. Absconding beggars how to be dealt with.
17. Abettors to be punished with imprisonment or fine or both.
18. Refusal of a beggar to go to an institution or to a Magistrate punishable with
imprisonment or fine or both.
CHAPTER VII
MISCELLANEOUS
19. Transfer from one Institution to another.
20. Temporary release of beggars.
21. Uncondtional release of beggars.
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22. Transfer between relief centres in the State and institutions of a like nature in
other States of India.
23. Offences under this Act congnizable.
24. Fines.
25. Priority for cases under the Act.
26. Power to acquire property etc.
27. Appointment of officers.
28. Protection of officers.
29. Public servant.
30. Central Relief Fund.
31. Beggary cess.
32. Board of Visitors.
33. Revision.
34. Appeal.
35. Charge for misconduct.
36. Publication of annual accounts.
37. Administration Report.
CHPTER VIII
CONTROL
38. Powers of Government.
39. Disputes.
40. Rules.
41. Repeal.
SCHEDULE
* * * *
STATEMENTS OF OBJECTS AND REASONS
I
Act 27 of 1975.- There are four different enactments in the different areas of the
State relating to prohibition of beggary. It is considered necessary to have a uniform
law on the subject to the whole of the State of Mysore. Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 27-2-1973
as No. 209 at page 20.)
II
Amending Act 7 of 1982.- In order that the provisions of the Prohibition of
Beggary Act are more effectively implemented it was considered necessay to have a
more compact Central Relief Committee. It is also proposed to have a small
committee to administer the Central Relief Fund.
It was also considered necessary to provide for the enhancment of the period of
detention in a relief center for contravention of the provisions of the Act from six
months to one year.
An ordinance was promulgated to provide for the above matters.
This Bill seeks to replace the Ordinance.
3
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 3-2-1982
as No. 76 at page 4.)
III
Amending Act 12 of 1988.- Section 19 of the Karnataka Prohibition of Beggary
Act, 1975 is intended to be amended to give powers to Chairman of Central Relief
Committee to transfer the Beggars from one Institution to another receiving centre,
relief centre, in the State.
Section 22 of the Act is intended to be amended to give powers to Chairman,
Central Relief Committee instead of the Government to enable inter-state transfer
of of beggars between relief centres.
Hence, the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 23-1-1988
as No. 57 at page 3.)
IV
Amending Act 26 of 2003.- It is considered necessary to amend the Karnataka
Prohibition of Beggary Act, 1975.-
(i) to require that the Bond executed by any person under sub-section (4) or by
surety under surety under sub-section (5) of section 11 shall be for a sum of rupees
one thousand and two thousand respectively.
(ii) to specify that the period of detention of a beggar under section 12 may
extend to three years instead of twelve months with a minimum period of one year.
(iii)to specify that the period of detention of inform, disabled and dicrepit
beggars and persons suffering from any incurable disease, under section 13 may
extend to three years instead of twelve months with a minimum period of one year.
(iv) to empower the Government to direct any person having custody of the fund
of the local authority to pay the balance amount due to the central Relief Fund and to
provide that if the amount is not paid in complaince with such order to recover it as
an arrears of land revenue.
Hence the Bill.
(Vide L.A. Bill No. 15 of 2002, File No. SAMVYASHAE 02 SHASANA 2002)
* * * *
4
KARNATAKA ACT NO. 27 OF 1975
(First published in the Karnataka Gazette on the Nineteenth day of June, 1975)
THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975
(Received the assent of the Governor on the sixth day of June 1975).
(As Amended by Acts 7 of 1982 , 12 of 1988 and 26 of 2003)
An Act to prohibit persons from resorting to begging and to provide for the
detention, training and employment of beggars, for the custody, trial and punishment
of beggar offenders and for the relief and rehabilitation of such persons in the State
of Karnataka.
W HEREAS it is necessary and expedient to prohibit persons from resorting to
begging and to provide for the detention, training and employment of beggars, for the
custody, trial and punishment of beggar offenders and for the relief and rehabilitation
of such persons in the State of Karnataka;
BE it enacted by the Karnataka State Legislature in the Twenty-sixth Year of the
Republic of India as follows:-
CHAPTEER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be called the
Karnataka Prohibition of Beggary Act, 1975.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force in such areas of the State on such 1[dates]1 as the
State Government may, by notification appoint and different dates may be appointed
for different areas:
Provided that the provisions of this Act shall not be brought into force in any
area unless the State Government is satisfied that suitable facilities exist for the relief
of the beggars of that area.
1. The Act has been brought into force in cert ain areas of the State w.e.f. 1.4.1976 through
Notification No. SWD 5 SBR 76 d t. 26.3.1976 and in the rest of the areas w.e.f. 6.11.1997
through Notification No. SWD 15 SBR 97 (1) dt. 28.8.1997
CHAPTER II
DEFINITIONS
2. Definitions.- In this Act, unless the context otherwise requires,-
(1) “alms” means anything given grat uitously to a beggar, such as money,
cooked or un-cooked food, grains or clothing, or any other thing of value;
(2) “beggar” means any person other than a child who,-
(a) solicits or receives alms in a public place whether or not under any
pretence such as singing, dancing, fortune telling, performing tricks, or selling
articles;
(b) enters any private premises for the purpose of soliciting or receiving
alms;
(c) exposes or exhibits with the object of obtaining or extorting alms, any
sore, wound, injury, deformity or disease whether of a human being or of an animal;
(d) having no visible means of subsistence, wanders about or remains in any
public place in such condition or manner as ma kes it likely that he exists by soliciting
or receiving alms;
5
(e) allows himself to be used as an exhibit for the purpose of soliciting or
receiving alms:
Provided that a person shall not be deemed to be a beggar if he,-
(i) is a religious mendicant licensed by the Central Relief Committee to
solicit alms in the prescribed manner ;
(ii) in the performance of any religious vow or obligation as sanctioned by
custom or religion collects alms in a private or public place, without being a nuisance;
or
(iii) is permitted in writing by the Central Relief Committee to collect
contributions in cash or kind from the public for any public institution, whether
religious or secular or for the furtherance of any object for the good of the public; or
(iv) is a student collecting alms for the prosecution of his studies;
(3) “Central Relief Committee” means the committee constituted by the
Government under section 4;
(4) “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;
(5) “Government” means the State Government;
(6) “institution” includes a receiving centre, a relief centre, colony, settlement
area or any other institution declared to be such by the Government;
(7) “local area” means an area declared as such by the Government from time to
time for the purposes of this Act by a notification;
(8) “local committee” means the committee appointed by the Central Relief
Committee for any local area;
(9) “notification” means a notification published in the official Gazette;
(10) “prescribed” means prescribed by rules made under this Act;
(11) “public place” means any place intended for the use of or accessible to the
public and includes any public conveyance;
(12) “receiving centre” means a centre established by the Central Relief
Committee for the reception and temporary retention of beggars; and
(13) “Relief centre” means a centre established by the Central Relief Committee
for the relief of beggars sent thereto.
CHAPTER III
PROHIBITION OF BEGGING
3. Begging prohibited.- No person shall beg in the areas in which this Act is in
force.
CHAPTER IV
CONSTITUTION AND ADMINISTRATION
4. Central Relief Committee.- (1) The Government may by notification
constitute a Central Relief Committee (hereunder referred to as the Committee).
1[(2) The Committee shall consist of,-
(a) The Secretary to Government Social ... Member
Welfare and Labour Department.
(b) The Director of Social Welfare in ... Member
Karnataka
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(c) The Secretary to Government, ... Member
Finance Department
(d) Four non-official members nominated ... Members
by the Government
The Government may appoint one of the Members of the Committee as its
Chairman and appoint a Secretary who may or may not be a member of the
Committee.
(3) Subject to the pleasure of the State Government, the term of the office of the
non-official members shall be for a period of three years:
Provided that if a non-official member of the Committee absents himself without
permission of the Committee for two consecutive meetings of the Committee, he
shall cease to be a member.
(4) (a) Casual or other vacancies in the Committee shall be filled by the
Government in the prescribed manner.
(b) During any vacancy in the Committee the continuing members may act as
if no vacancy had occured.
(5) The non-official members shall be paid such remuneration and allowances as
may be prescribed.
(6) The Committee shall meet at least once in two months.] 1
1. Sub-sections (2) to (6) Substituted by Act 7 of 1982 w.e.f. 1.10.1981
(7) Subject to the provisions of this Act and the rules made thereunder, the
supervision, direction and control of all matters relating to the administration of relief
shall vest in the Committee.
5. Local Committees.- The Committee, may for the purposes of carrying out the
provisions of this Act in any local area constitute as prescribed a local committee.
6. Local administration.- (1) Subject to the control of the Central Relief
Committee and the rules made in this behalf, the administration of relief to the
beggars in any local area shall be vested in the local committee.
(2) For the purpose of carrying out the provisions of this Act in any part of a local
area, the local committee may constitute such sub-committees as may be prescribed.
CHAPTER V
INSTITUTIONS
7. Receiving Centres.- The Central Relief Committee may provide receiving
centres for the reception and temporary retention of beggars or it may by notification
declare any institution to be a receiving centre for the purposes of this Act.
8. Relief Centres.- The Central Relief Committee may establish institutions, in
such places as may be deemed necessary for the detention, relief and rehabilitation
of persons contravening the provisions of section 3 and sent thereto or it may by
notification declare any existing institution as a relief centre.
9. Management of institutions.- (1) Subject to the provisions of this Act, the
Central Relief Committee shall make provision for the proper management of
institutions and for the care of the inmates therein.
(2) Every person detained in any of the institutions shall be subject to such rules
of discipline as may be prescribed.
Explanation.- 'Discipline' includes the enforcement of manual labour and hard
labour.
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10. Enforcement of discipline.- The Central Relief Committee may authorise the
officer-in-charge of any institution to enforce discipline in such institution in the
manner prescribed.
CHAPTER VI
PROCEDURE AND PUNISHMENTS
11. Arrest and enquiry.- (1) Any police officer or such other officer as may be
authorised by the Government in this behalf by general or special order who finds
any person other than a child contravening t he provisions of section 3 shall arrest
such person and inform him of the grounds for such arrest and remove him
immediately to the nearest receiving centre.
(2) The officer-in-charge of the receivi ng centre shall thereupon without delay,
hold such enquiry as may be prescribed and if satisfied that the person, if released,
will not resort to begging shall release him forthwith, with or without surety.
(3) If the person arrested under sub-section (1) is not released forthwith under
sub-section (2) the officer-in-charge of the receiving centre shall produce him before
the Executive Magistrate or the Judicial Magistrate or the Metropolitan Magistrate
having jurisdiction, within a period of twenty-four hours of such arrest excluding the
time necessary for the journey from the place of arrest to the court of such Magistrate
provided that no person arrested under sub-section (1) shall be detained in custody
beyond the said period without the authority of a magistrate.
(4) The magistrate before whom a person is produced under sub-section (3) shall
hold an enquiry and if satisfied that such person has committed the offence of
begging but undertakes not to commit such offence, shall release him on his
furnishing a bond
1[for a sum of rupees one thousand]1
1. Inserted by Act 26 of 2003 w.e.f. 21.5.2003
(5) If any person released under sub-section (4) is again produced before any
Executive Magistrate or a Judicial Magi strate or a Metropolitan Magistrate for a
similar offence, and the contravention of section 3 is proved against him, he shall not
be released without a surety
1[for a sum of rupees two thousand]1
12. Magistrate to send beggar to the relief centre.- (1) If a person against
whom action has been taken under section 11 is again produced before a magistrate
for a similar offence, or on the ground that such person does not or is unable to
comply with the directions contained in the said section and if the magistrate on
enquiry finds that the person has contravened the provisions of section 3, he shall
convict him and pass a sentence of detention in the nearest relief centre for such
period
1[which shall not be less than one year but which may extend to three years] 1
as may be specified in the order.
1. Substituted by Act 26 of 2003 w.e.f. 21.5.2003
(2) An order of detention passed by a magistrate under sub-section (1) may at
any time be revoked or modified.
13. Infirm, disabled and decrepit beggars and persons suffering from any
incurable disease to be arrested and sent to receiving centres.- (1)
Notwithstanding anything contained in section 11 where an officer-in-charge of the
receiving centre in the course of enquiry held in pursuance of sub-section (2) of
section 11 finds that a person other than a child is infirm, disabled, decrepit or
suffering from any loathsome or incurable disease he shall ascertain from that person
if he has any relatives and if there are any, he shall immediately send for them and if
on enquiry it is found that the person cannot be taken care of, or if there are no
8
relatives, the officer-in-charge of the receiving centre shall, with the report of his
enquiry, immediately produce him before the Ex ecutive Magistrate or the Judicial
Magistrate or the Metropolitan Magistrate having jurisdiction within a period of
twenty-four hours of his arrest excluding the time necessary for the journey from the
place of arrest to the court of such magistrate:
Provided that no person arrested shall be detained in the custody beyond a period
of twenty-four hours without the authority of a magistrate.
(2) Where a person who is produced under subsection (1) before a magistrate is
found on enquiry by such magistrate to have contravened the provisions of section 3,
the magistrate shall convict him and pass sentence of detention in the nearest relief
centre for such period 1[which shall not be less than one year but which may extend
to three years]1 as may be specified in the order and an order of detention passed by
a magistrate may at any time be revoked or modified by such magistrate.
1. Substituted by Act 26 of 2003 w.e.f. 21.5.2003
14. Medical examination and detention of leprosy patients and lunatics.- (1)
Where it appears to the Government that any beggar detained in an institution under
any order of a magistrate is of unsound mind or is suffering from leprosy, the
Government may, by an order setting forth the grounds for the belief that the beggar
is of unsound mind or is suffering from leprosy, order his removal to a mental hospital
or a leper asylum or other place of safe custody, there to be kept and treated as the
Government 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 medical 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, then until he is discharged according to
law.
(2) Where it appears to the Government that the beggar has ceased to be of
unsound mind, or is cured of leprosy, the Government shall, by an order direct the
person having charge of the beggar if still liable to be kept in custody, send him to the
institution from which he was removed or if the beggar is no longer liable to be kept in
custody, order him to be discharged.
(3) Subject to the provision of sub-section (2) the provisions of section 31 of the
Lunacy Act, 1912 (Central Act 4 of 1912) or section 14 of the Lepers Act, 1898
(Central Act 3 of 1898), or the corresponding provision of any other law in force in
any area of the State, shall apply to ever y beggar confined in a mental hospital or a
leper asylum under sub-section (1) after the expiration of the period for which he was
ordered to be detained; and the time 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 which he may be ordered by the magistrate 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 to a court having jurisdiction under the
Lunacy Act, 1912 (Central Act 4 of 1912) or the Lepers Act, 1898 (Central Act 3 of
1898) or under any corresponding law in force in any area of the State for an
immediate order of committal to a mental hospital or a leper asylum until such time
as the orders of the Government can be obtained in the matter.
15. Beggar to leave Institution on discharge or permission.- No person who is
admitted to any Institution shall leave it without an order of discharge or without the
written permission of the officer-in-charge of the Institution.
16. Absconding beggars how to be dealt with.- (1) On a report from the
officer-in-charge of any institution that a person has left such institution in
9
contravention of section 15, any police officer or such other officer as may be
authorised by Government in this behalf, shall arrest such person without a warrant
and inform him of the grounds for such arrest and remove him immediately to the
institution which he had left.
(2) The officer-in-charge of the institution shall produce him before the Executive
Magistrate or the Judicial Magistrate or the Metropolitan Magistrate having
jurisdiction, within a period of twenty-four hours of such arrest excluding the time
necessary for the journey from the place of arrest to the court of such magistrate and
the magistrate shall, after satisfying himself that the said person has contravened the
provisions of section 15, order him to be delivered to the institution with a warning.
(3) Any person dealt with under the provisions of sub-section (1), who absconds
or takes to begging after he is discharged under section 15 shall be placed before a
Judicial Magistrate, or Metropolitan Magistrate who after summary trial may convict
him and sentence him to imprisonment for a period not exceeding three months.
17. Abettors to be punished with imprisonment or fine or both.- Whoever
employs any person to beg or abets such employment, shall be punished on
conviction by a magistrate with simple or rigorous imprisonment for a term which may
extend to three months or with fine, which may extend to three hundred rupees or
with both.
18. Refusal of a beggar to go to an institution or to a Magistrate punishable
with imprisonment or fine or both.- Any beggar refusing or failing to accompany a
Police Officer or any officer authorised by the Government in this behalf appear
before a magistrate or to be taken to an institution when required under this Act, shall
be punished on conviction by a magistrate with simple imprisonment for a term which
may extend to one month or with fine which may extend to fifty rupees or with both.
CHAPTER VII
MISCELLANEOUS
19. Transfer from one Institution to another.- 1[Chairman of the Central Relief
Committee]1 may direct any person detained in a receiving centre or relief centre or
any other institution to be transferred therefrom to another receiving centre, relief
centre or Institution of a like nature in the State:
Provided that the total period of detention of such person shall in no case be
increased by such transfer.
1. Substituted by Act 12 of 1988 w.e.f. 11.5.1988
20. Temporary release of beggars.- (1) The Government or any authority to
which the Government may delegate its power in this behalf, may, subject to such
conditions as may be prescribed, release on parole for such period as it may deem
necessary any beggar detained in a relief centre in case of any serious illness or
death of any member of the beggar’s family or any of his nearest relatives or for any
other sufficient cause.
(2) The period of release of a beggar under sub-section (1) shall not count
towards the total period of his detention in the relief centre.
21. Unconditional release of beggars.- At any time after the expiration of three
months from the date on which a beggar is detained in a relief centre, if the officer-in-
charge of such relief centre is satisfied from the conduct of such beggar in such
centre during the period of his detention that there is a probability that such person
will abstain from begging, he may recommend to the Government his unconditional
release and the Government may order the release of such person unconditionally
10
and thereupon the term for which such person had been ordered to be detained in a
relief centre shall be deemed to have expired.
22. Transfer between relief centres in the State and institutions of a like
nature in other States of India.- (1) The 1[Chairman of the Central Relief
Committee may] 1, in consultation with the officer-in-charge of a relief centre, order
the transfer to that relief centre of any person in respect of whom an order of
detention has been made by a competent authority in any other State in India of the
nature of an order under this Act directing him to be detained in a relief centre or
institution of a like nature, and upon such transfer, the provisions of this Act shall
apply to such person as if he had been directed under this Act to be detained in such
relief centre by a competent court in the State of Karnataka.
(2) The 1[Chairman of the Central Relief Committee may] 1, direct any person
detained in a relief centre in the State to be transferred therefrom to any institution of
a like nature in any other State in India to be detained therein under the provisions of
law similar to this Act in force in that State:
Provided that no person shall be transferred under this section to any other State
without the consent of the Government of such State.
1. Substituted by Act 12 of 1988 w.e.f. 11.5.1988
23. Offences under this Act cognizable.- All offences under this Act shall be
cognizable.
24. Fines.- Fines recovered under this Act, shall be credited to the Central Relief
Fund.
25. Priority for cases under the Act.- Notwithstanding anything in the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974), every court shall, as far as
possible give precedence to any proceeding under this Act over any other
proceeding before such court.
26. Power to acquire property, etc.- Subject to the rules made in this behalf the
Central Relief Committee or any local committee shall have power to acquire
property, enter into contracts, institute and defend legal proceedings and do all other
acts incidental thereto.
27. Appointment of officers.- The Central Relief Committee or the local
committees with the previous sanction of the Central Relief Committee may appoint
officers for the purpose of the Act in accordance with the rules prescribed in that
behalf.
28. Protection of officers.- No suit, prosecution or other legal proceedings shall
lie against any person for anything which is in good faith done or intended to be done
under this Act.
29. Public Servant.- Every person empowered to perform any function under this
Act shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code (Central Act XLV of 1860).
30. Central Relief Fund.- 1[(1)]1 In order to carry out the purposes of this Act, a
fund called the Central Relief Fund shall be formed. This Fund shall consist of,-
(i) subscriptions and donations;
(ii) grants from the Government;
(iii) the cess paid under sub-section (3) of section 31;
(iv) grants from local bodies, and other private or public institutions;
(v) fines recovered under this Act; and
11
(vi) receipts from other sources.
1. Re-numbered by Act 7 of 1982 w.e.f. 1.10.198
1[(2)The Central Relief Fund shall be administered by a Committee consisting
of the Secretary to Government, Social Welfare and Labour Department who shall be
the Chairman and the Director of Social Welfare and a representative of the Finance
Department nominated by the Government who shall be the members of the
Committee.
(3) Subject to such rules as may be prescribed, the Central Relief Fund shall be
applied for such purposes and in such manner as may be decided by the Committee
constituted under sub-section (2) from time to time.]1
1. Sub-sections (2) and (3) Insert ed by Act 7 of 1982 w.e.f. 1.10.1981
31. Beggary cess.- (1) With effect from such date as the Government may by
notification appoint, a beggary cess in the form of a surcharge on,-
(i) tax on lands and buildings;
(ii) tax on entry of goods into the local area for consumption, use
or sale therein;
(iii) tax on vehicles;
(iv) tax on professions, trades, callings and employments,
shall be levied in the area within the jurisdiction of every local authority under the
relevant laws relating to the levy of such taxes at the rate of three paise for every
rupee of the taxes so levied.
(2) The cess levied under sub-section (1) shall be collected by the local authority
concerned as if the cess were a tax payable under the relevant laws for the time
being in force and the provisions of the said laws relating to the levy and collection of
the said tax shall apply in respect of the levy and collection of such cess subject to
such modifications as may be prescribed.
(3) The local authority shall be entitled to deduct as the cost of collection ten
percent of the amount collected under sub-section (2) and the balance shall be paid
by such local authority to 1[the Committee constituted under sub-section (2) of
section 30]1, within such time and in such manner as the Government may direct.
1. Substituted by Act 7 of 1982 w.e.f. 1.10.1981
2["(4) If a local authority fails to make payment of such balance amount within the
time as directed by the Government under sub-section (3), the Government may
make an order directing the person having the custody of the fund of the local
authority concerned to pay such balance am ount in priority to any other charge
against such fund and such person shall so far as the amounts to the credit of such
fund admit, be bound to comply with the order.
(5) Where the balance amount due from a local authority is not paid in compliance
with the order of the Government under sub-section(4), the such amount shall be
recoverable from such local authority in the same manner as an arrear of land
revenue and the amount so recovered shall be credited to the Central Relief Fund"]
2
1. Sub-sections (4) and (5) Insert ed by Act 26 of 2003 w.e.f. 21.5.2003
32. Board of Visitors.- The Government may, in accordance with the rules made
in this behalf, appoint a Board of Visitors in local areas to inspect, from time to time,
the institutions situated therein, and to report on the working of these institutions, to
the Government and offer such suggestions as they deem fit for the improvement of
the said institutions.
33. Revision.- Notwithstanding anything to the contrary contained in the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974) any person aggrieved by any
decision of a magistrate under this Act, may apply to the Court of Session having
12
jurisdiction in the prescribed manner and within the prescribed time for revision of
such decision and the Court of Session in so doing may examine the legality or
propriety of the proceedings before the magistrate. The decision of the Court of
Session shall be final.
34. Appeal.- (1) If any inmate of an institution is aggrieved by any order passed
by any person in charge of the institution, he may appeal against that order to the
Chairman of the local committee.
(2) The decision of the Chairman of the local committee may be taken up in
second appeal to the Board of Appeal constituted in the prescribed manner by the
Central Relief Committee from amongst its members and the order of that Board
shall be final.
35. Charge for misconduct.- The Government may on the report of an auditor
who may be appointed by the Government to audit the accounts of the Central Relief
Fund pass an order charging any person responsible for causing any loss through
misconduct or negligence, after obtaining his explanation and shall in every such
case certify the amount due from such person, and upon the application of the
Central Relief Committee the revenue authorities shall recover the said amount from
such person as if it were an arrear of land revenue and credit to the Central Relief
Fund.
36. Publication of annual accounts.- The annual accounts of receipts and
expenditure, and the budget when sanctioned shall be open to public inspection and
shall be published in such manner as may be prescribed.
37. Administration Report.- (1) As soon as may be after the 1st July every year,
and not later than such date as may be fixed by the Government, the Central Relief
Committee shall submit to the Government an administration report for the preceding
official year in such manner and with such details as the Government may direct.
(2) Each local committee shall, as soon as may be after the 1st July of each year
and not latter than such date as may be fixed by the Central Relief Committee,
submit to the Central Relief Committee an administration report for the preceding
official year in such manner and in such form as may be fixed by the Central Relief
Committee.
(3) The report shall be published in such manner as the Government may direct.
CHAPTER VIII
CONTROL
38. Powers of Government.- The Government or any officer authorised by the
Government by a general or special order shall have power,-
(a) to enter and inspect any institution under the control or management of the
Central Relief Committee or inspect any work in progress under it or under its
direction;
(b) to call for any extract from the proceedings of the Central Relief Committee or
of any Committee under its control and direction and any return, statement, account
or report which the Central Relief Committee may be required to furnish;
(c) to inspect the office of the Central Relief Committee or any office under its
control and direction, and call for the records of any such office, and the officer
authorised shall submit the records for the orders of the Government if he is satisfied
that the order or proceedings of the Central Relief Committee or the local committee
is contrary to law or orders for the time being in force.
13
39. Disputes.- (1) If any dispute arises between the Central Relief Committee and
local committees or local bodies in any matter arising under the provisions of this Act
and the dispute is not amicably settled, the matter shall be reported to the
Government who may take cognizance of the dispute and decide it and the decision
of the Government shall be final.
(2) No suit shall be entertained by a civil court in respect of any dispute referred
to in sub-section (1).
40. Rules.- (1) The Government may by notification make rules generally for the
purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for,-
(a) the constitution of the committees and institutions and their powers, duties
and functions;
(b) the constitution of the Board of Visitors, its powers, duties and functions;
(c) the submission of returns and statements and reports and the preparation
and submission of annual receipts and expenditure and the annual administration
report by the Central Relief Committee and the local committees;
(d) the auditing of accounts;
(e) the constitution of a Board of Appeal, its powers, duties and functions;
(f) the transfer of beggars from one institution to another and on such
conditions as may be prescribed from one State to another;
(g) prescribing the form of bonds required to be taken under the provisions of
this Act; and
(h) any other matter in respect of which rules are required to be or may be
made under this Act.
(3) The power of the Government to make rules under this Act shall be subject to
the condition of previous publication.
(4) Every rule made under this Act shall be laid as soon as may be after it is
made, before each House of the State Legislature while it is in session for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following
the session or successive sessions aforesaid both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the
rule shall from the date on which the modification or annulment is notified by the
Government in the official Gazette have effect only in such modified form or be of no
effect, as the case may be, so however, that any modification or annulment shall be
without prejudice to the validity of anything previously done under such rule.
(5) All rules made by the Government under this Act shall be published in the
official Gazette both in English and Kannada.
41. Repeal.- On the date on which this Act comes into force in any area in which
any of the Acts specified in the Schedule to this Act is in force, such Act shall stand
repealed on such date in such area:
Provided that section 6 of the Karnataka General Clauses Act, 1899 (Karnataka
Act III of 1899), shall be applicable in respect of such repeal and sections 8 and 24 of
the said Act shall be applicable as if the said enactments had been repealed and re-
enacted by this Act.
14
SCHEDULE
1. The Bombay Beggars Act, 1945 (Bombay Act XXIII of 1945).
2. The Prevention of Beggary Act, 1350 F (Hyderbad Act XX of 1350 Fasli).
3. The Madras Prevention of Beggi ng Act, 1945 (Madras Act XIII of 1945).
4. The Mysore prohibition of Beggary Act, 1944 (Mysore Act 33 of 1944).
* * *
NOTIFICATION
I
Bangalore, dated 26th March 1976 [No. SWD 5 SBR 76]
S.O. 979. - In exercise of the powers conferred by sub-section (3) of section 1 of the
Karnataka Prohibition of Beggary Act, 1975 (K arnataka Act 27 of 1975), the Government of
Karnataka hereby brings into force the said Act in the areas comprised in the Corporations of
the City of Bangalore and City of Hubli-D harwar and in the Municipalities of Mysore,
Mangalore, Belgaum, Gulbarga, Bellary, Davanagere, Bijapur and Shimoga with effect from
1st April 1976.
By Order in the name of the Governor of Karnataka,
N. Narayana Swamy,
Under Secretary to Government,
Social Welfare and Laour Department.
(Published in the Karnataka Gazette (Extr aordinary) Part IV-2C (ii) dated 8-4-1976)
II
Bangalore, dated 28th August 1997 [No. SWD 15 SBR 97 (I)]
1462- S.O. 1397.- Whereas in notification No. SWD 5 SBR 76, dated 26th March 1976,
published in the Karnataka Gazette dated 8th April 1976, (hereinafter referred to as the said
notification) provision of the Karnataka Prohibi tion of Beggary Act, 1975, were brought into
force in the areas comprised in the Corporations of the City of Bangalore and City of Hubli-
Dharwad and in the Municipalities of Mysore, Mangalore, Belgaum, Gulbarga, Bellary,
Davanagere, Bijapur and Shimoga with effect from 1st April 1976.
Whereas the Government of Kar nataka is satisfied that suitable facilities exist for the relief
of the beggars in the whole of the State of Karnataka.
Now therefore, in exer cise of the powers conferred by su b-section (3) of section 1 of the
Karnataka Prohibition of Beggary Act, 1975 (K arnataka Act 27 of 1975) and in partial
modification of the said notification, the Government of Karnataka hereby brings into force the
provisions of the said Act, in rest of the areas in the Karnataka State with immediate effect.
By Order in the name of the Governor of Karnataka,
B.D. Obappa,
Under Secretary to Government,
Social Welfare Department.
(Published in Karnataka Gazette (Extraordi nary) Part IV-2C (ii) dated 6-11-1997.)
* * * *