LexThe rajasthan rehabilitation of beggars or indigents act, 2012
Rajasthan · state statute
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प्ररू् -ııı
(तन रयम 23 िेखखए )
धिक्रकत्सीय ्रीिण ्िी
ूाम...............................................दयु.................रम्जस्रीारण सं. ........................................... ........... ...
लिंग.......................................................वजू.........................................ऊ ं चाई................................पहचाू
धचह्ू.......................................................................................................................
.................................................................................(ब मारी) से ग्रस्थ है।
दिूांा.......................................
धिक्रकत्सा अधिकारी की मुद्रा और हस्तािर
[सं.एफ.15( )एस एस/बैगसा/एसजेईडी/20......,]
राज्य्ाि के न राम और आिेश से,
गायत्र राठौड़,
शासन र सधिव।
Department of Social Justice and Empowerment
NOTIFICATION
Jaipur, December 18, 2020
G.S.R.231 .-In exercise of the powers conferred by section 41 of the Rajasthan
Rehabilitation of Beggars or Indigents Act, 2012 (Act No. 36 of 2012), the State Government
hereby makes the following rules, namely:-
1. Short title and commencement. - (1) These rules may be called the Rajasthan
Rehabilitation of Beggars or Indigents Rules, 2020.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.- (1) In these rules, unless the context otherwise requires,-
(a) "Act" means The Rajasthan Rehabilitation of Beggars or Indigents Act, 2012 (Act
No. 36 of 2012);
(b) "Form" means a Form appended to these rules;
(c) "State Government" means the Government of Rajasthan; and
(d) “Schedule” means Schedule appended to these rules.
(2) Words and expressions used, but not defined in these rules, shall have the same meaning
as assigned to them in the Act.
3. Admission to the Rehabilitation Home. - (1) Admission to the Rehabilitation Home
shall be made subject to the availability of accommodation and facilities.
(2) If any person is found begging within the area notified under sub -section (3) of section 1
of the Act and brought or present himself before t he Superintendent of Rehabilitation Home
and the Superintendent is of view that the person has no source of living except begging or
the person is an indigent, and is willing to live in the Rehabilitation Home, he shall forthwith
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admit him to the Rehabilit ation Home. The Superintendent shall report the admission of an
inmate to the Rehabilitation Officer within 24 hours of such admission.
(3) The Superintendent of Rehabilitation Home shall maintain a register of all persons
admitted to the Rehabilitation Home as beggars or indigents in Form -I. At the time of
admission particulars of jewellry, cash and other belongings shall be entered in the Form -I
and taken custody of by the Superintendent.
4. Scale of accommodation, food and clothing. - (1) The Inmate ad mitted in the
Rehabilitation Home, shall be supplied with clothes, beddings, utensils, soap, hair oil etc. as
per the scale and climatic conditions.
(2) The norms for building an accommodation for a Rehabilitation Home with 100
Beggars or Indigents shall generally be as under:-
S.N. Units Minimum Area
1 2 3
1. 4 dormitories 4000 Sq.ft (for 25 inmates each 1000 Sq.
ft. approximately)
2. Sickroom/First aid room 500 Sq. ft.
3. Kitchen 250 Sq.ft.
4. Dining Hall 800 Sq.ft.
5. Store 250Sq.ft.
6. 10 Bathrooms 250 Sq.ft.
7. 10 Toilets/latrines 250 Sq.ft.
8. Office Room 250 Sq.ft.
Superintendent's room 200 Sq.ft.
9. Counseling/guidance and de -
addiction
250 Sq.ft.
Total 6800 Sq.ft.
Provided that adjustments can be made for smaller units/hired accommodation/ temporary
units with the permission of the Commissioner Social Justice and Empowerment Department.
(3) The clothing and bedding for each inmate admitted to Rehabilitation home shall be as per
the scale and climatic conditions. The mini mum standards of requirement for each inmate
shall be as per Schedule-I.
(4) The inmates shall be provided three meals in a day including breakfast.
5. Procedure for setting up of Rehabilitation Homes. - (1) Rehabilitation Homes may
be established by rec ognized service organizations or NGOs. They may apply for grants -in-
aid of the State Government or Government of India, for the maintenance of Rehabilitation
Homes, and for expenses incurred on food, clothing, treatment, de -addiction, vocational
training and rehabilitation of inmates.
(2) A service organization desirous to establish a Rehabilitation Home, shall send its
application to the Department of Social Justice and Empowerment, Government of Rajasthan
with the recommendation of the District level Officer of the Department of Social Justice and
Empowerment. Each application for recognition should be accompanied by the following
documents:-
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(i) A copy of constitution of the organization;
(ii) Name and full particulars of the Board of Management/Governing Body,
etc. of the Organization;
(iii) Latest available annual report of the Organization;
(iv) A detailed budget showing the estimated income and expenditure of the year
to which the application pertains, including grants received, promised from
other bodies like the depart ments of the Central or State Government, local
bodies, etc.;
(v) An audited statement of the accounts of the Organization/ Institution for the
previous year certified by a Chartered Accountant/ Government Auditor; and
(vi) Brief note indicating the source of incom e, including foreign contribution, if
any and also details of assets during the last three year. This note should also
give details of activities undertaken by the organization in various fields,
including prohibition and drug abuse prevention with details about
area/place covered and the expenditure incurred.
(3) The Department of Social Justice and Empowerment shall register and scrutinize each
application received from the recognized service organization/NGO and if found necessary,
call for any clarification or suggest modifications therein.
6. Powers and functions of the Commissioner. - In addition to the powers and
functions prescribed under the Act the Commissioner shall have the following powers and
functions, namely:-
(i) To monitor Rehabilitation H omes and seek compliance of orders and
instructions given to the recognized service organization, from time to time;
(ii) To recognise and de-recognise service organizations;
(iii) To make guidelines for the working and control of the service organization
and District Level Committees;
(iv) To inspect Rehabilitation Homes from time to time and formulate
monitoring structures for the same;
(v) To consider any other matter related to the progress of the Rehabilitation
Home and welfare of the inmates in general or in particular; and
(vi) Exercise such other powers or perform such functions assigned by the State
Government from time to time relating to rehabilitation of Beggars or
Indigents.
7. Powers and functions of the Rehabilitation Officer. - (1) In addition to the powers
and functions prescribed under the Act, the Rehabilitation Officer shall have the following
powers and functions, namely:-
(i) To ensure effective implementation of the Act at district level or city levels;
(ii) To co-ordinate with all Government Departments to b uild inter-sectoral linkages
on beggars or indigents protection and rehabilitation;
(iii) To supervise and monitor all Rehabilitation Homes in the district;
(iv) To co -ordinate with NGO’s and citizens of the district to ensure effective
rehabilitation of beggars & indigents; and
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(v) To perform such other duties as assigned by the Commissioner, from time to
time.
(2) The Rehabilitation Officer shall submit to the Commissioner a quarterly report on the
progress of all activities undertaken in the Rehabilitation Homes of the district.
8. Duties of Superintendent. - In addition to powers and duties assigned by the
Government, from time to time, the Superintendent shall,-
(i) be responsible for the admission, care, custody, protection, treatment, training
and general welfare of the inmates of the Rehabilitation Homes;
(ii) be responsible for good discipline and efficient working of the training and
rehabilitation efforts for and of the inmates;
(iii) be responsible for management and general supervision of all the works of the
Rehabilitation Homes including the supervision of the staff, maintenance of
accounts and financial transactions, accounts of clothing, food stocks, stores,
private property of inmates, etc;
(iv) take all necessary measures for maintaining the good health of the inmates;
(v) ensure social and vocational rehabilitation of inmates, through job placement
and vocational training, as also educational arrangements for the children of
the inmates including de-addiction plan for drug users;
(vi) be responsible for proper di et and clothing of inmates in accordance with the
prescribed scale and in consistence with the sanctioned grant, and specially to
the genuine rehabilitation needs of the inmates; and
(vii) perform such other duties as may be assigned from time to time by the
Commissioner, Rehabilitation.
9. Maintenance of Registers. - The Officer-in-charge of Rehabilitation Homes shall
maintain following registers and forms in his office, namely:-
(i) Attendance Register of the staff;
(ii) Admission and Personal Belonging register of the inmates;
(iii) General order book;
(iv) Record of individual inmate relating to the preparation of rehabilitation Plan,
de-addiction plan and steps taken in its implementation;
(v) Cash book;
(vi) Meeting book;
(vii) Stock register;
(viii) Staff movement register; and
(ix) Log book.
10. Visitor's Book. - There shall be a visitor's book kept in the Rehabilitation Home.
The visitor may record his/her findings, remarks and suggestions in the visitor's book on
completion of the visit.
11. Norms and Standards for Recognition of Service Org anization.- (1) The Service
Organization must be,-
(a) a Society registered under the relevant law: or
(b) a Public Trust registered under law for the time being in force or
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(c) a charitable company; or
(d) an organization managed by a local body including Local Governm ent
institution or a Panchayti Raj Institution.
(2) For recognition a service organization must,-
(a) meet the standards of care laid down in the Act and these rules;
(b) have the capacity and willingness to meet the standards of care laid down in
the Act and these rules;
(c) be capable to provide basic services for admission, care and protection of
beggars and indigents;
(d) prevent subjection of beggars and indigents to any form of cruelty or
exploitation or neglect;
(e) abide by the orders of the competent authority and the State Government;
(f) be existed for a period of three years; and
(g) have a properly constituted managing body with its powers, duties and
responsibilities clearly defined and laid down in a written constitution.
(3) The State Government may, after making such inquiry as it considers necessary, grant
recognition to the organization with the condition that it shall provide proper reception,
maintenance, treatment, training, education, de -addiction of drug addicts, and rehabilitation
of beggars o r indigents and abide by the rules and instructions issued by the State
Government.
(4) The Commissioner may, after providing an opportunity of being heard, withdraw the
recognition granted to an organization under sub-rule (3).
12. Discipline and Mana gement of Rehabilitation Home. - A person admitted in
Rehabilitation Home shall not,-
(i) refuse to receive any training arranged or ordered for him/her or to do the work
allotted to him;
(ii) commit a nuisance or any act of indecency in any part of the institution or refuse to
obey any orders issued for proper sanitation;
(iii)disobey any order regulating the cleanliness of his/her personal, clothing bedding,
utensils or any other articles;
(iv) receive or possess or partake of any prohibited articles, drugs, alcohol etc. or any
other article as specified by the Superintendent; and
(v) resist or obstruct an officer in the execution of his duty or refuse or omit to obey any
lawful order of an officer or refuse to perform or omit to perform work or duties of
an officer or refuse to perform or omit to perform work or duties in the manner
indicated for that purpose.
13. Prohibited articles. - No person shall bring into the Rehabilitation Home the
following prohibited articles, namely:-
(i) Alcohol and spirit of every description;
(ii) Bhang, Ganja and opium or other narcotic or psychotropic substances;
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(iii) Betel nuts/gutka/tobacco etc;
(iv) Drugs of every description;
(v) Matches and materials for producing fire;
(vi) Any implements capable of causing hurt; and
(vii) Any other articles specified in this behalf by the Superintendent by a special
order.
14. Beggars and Indigents Welfare Fund. - (1) The State Government shall create a
fund at the state level under section 27 of the Act to be known as the Rajasthan Beggars and
Indigents Welfare Fund, herein under referred to as the fund, for the welfare and
rehabilitation of beggars and indigents under the provisions of the Act.
(2) The fund shall be used,-
(a) to implement programmes for the welfare and rehabilitation of beggars or
indigents, including purchase of tools, machinery, etc for their permanent
rehabilitation;
(b) to pay grant-in-aid to service organizations;
(c) to meet the expenses of State Advisory Board; and
(d) to do all other things that are incidental an d necessary for the above purposes
thereof.
(3) The management and the administration of the fund shall be under the control of the State
Advisory Board.
(4) The assets of the fund shall include all such grants and contributions, recurring or non -
recurring from the State Government or any other statutory or non statutory bodies set up by
the State Government as well as the voluntary donations from any individual or organization.
(5) All withdrawals shall be made by cheques or requisitions, as the case may be, signed by
the Secretary cum Treasurer and in case of amounts exceeding rupees twenty five thousand,
the cheques shall be signed duly by the Secretary cum treasurer and the member of the Board
of the management to be nominated by the State Advisory Board.
(6) The Commissioner shall be final authority regarding any type of decision or clarification
in relation to administration of fund.
15. Manner of accounts and audit of the fund. - (1) A regular account shall be kept of
all money and properties, and all incomes and expenditures of the Rajasthan Beggars and
Indigents Welfare Fund and shall be audited by a notified firm of chartered accountants, or
any other recognized authority to be appointed by the Board.
(2) The auditors shall also certify the expenditures from the fund made by the Commissioner.
(3) In order to ensure that fund is utilized for the aims and object of the rehabilitation of
beggars or indigents, the Commissioner or officer authorised by him may appoint internal
auditor to report proper use of the fund.
16. The manner of receiving donations. - (1) The Commissioner shall be authorized to
accept donations or contributions in cash/cheque / kind (especially goods, cloths etc.) made to
the fund by members of the public or any other No n Governmental Organization/ corporate
social responsibility (CSR) organization, etc.
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(2) The amount received in pursuance of any agreement with the State Government for the
care of Beggars or Indigents shall be credited to the Fund.
(3) Donation in kind may be permissible so far as it is legal, proper, just and not opposed to
public policy of the State Government.
17. Transfer from one Rehabilitation Home to another. - (1) The Commissioner may
direct that any person admitted in a Rehabilitation Home may be transferred to another
Rehabilitation Home subject to the following conditions, namely:-
(i) every such direction shall be issued with due regard to the availability of accommodation;
(ii) no such direction shall be issued except on,-
(a) a repo rt from the Medical Officer recommending the transfer of such person on
medical or hygienic grounds, or
(b) a report from the Superintendent recommending transfer in the interest of the
inmate of the institution or for other reasons, as he/she may deem fit.
(2) The Rehabilitation Officer shall not direct for the transfer of any person to a
Rehabilitation Home in contravention of the terms of any agreement entered into by the
Commissioner in respect of such Home.
18. Short leave of absence to inmates of Rehabilitation Homes.- The Rehabilitation
Homes are open Homes and there is no compulsion for inmates to be forced to stay. The
Superintendent may, therefore on cause being shown, grant permission in writing to an
inmate to absent himself/herself for any period for the purpose of visiting his parents or
relatives or attending to any domestic work. The attempt should however be to ensure full de -
addiction/and training in a skill such that the beggar becomes self sufficient.
19. Manner of survey of beggars and indigents.- The survey of beggars and indigents
shall be conducted from time to time in the manner specified by the Commissioner
Rehabilitation.
20. Quorum of State Advisory Board. - The Quorum for the meeting of the State
Advisory Board shall be one t hird of the total numbers. The Chairperson shall preside over
the meetings. If the Chairperson is absent from any meeting, the members present shall elect
one of the members, to preside over the meeting, amongst them. At least seven clear days
notice shall be given by the Secretary for the meeting of the Board. However urgent meetings
can be held with the permission of the Chairperson at short notice.
21. Period of stay.- (1) No male inmate shall be allowed to stay for more than two years
in a Rehabilitation Home without the permission of the Commissioner.
(2) When it is found that a male inmate should be allowed to stay in the Rehabilitation Home
beyond two years, the Superintendent shall refer the case to the Commissioner with necessary
details and recommendations. The decision of the Commissioner shall be final.
(3) A female inmate may be allowed to stay in the Rehabilitation Home for a period not
exceeding three years or till her training in a particular trade or profession is completed. If it
is found that a female inmate should be allowed to stay in the Rehabilitation Home beyond
three years, the Superintendent shall refer the case to the Commissioner with necessary
details and recommendations.
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(4) If an inmate of the Rehabilitation Home has secured a job or employment, he/she may be
allowed to continue to live in the Rehabilitation Home for a period not longer than two
months, with the permission of Commissioner.
22. Composition of District Level Committee. - (1) The District Level Committee shall
consist of the following, namely:-
1. District Collector Chairperson
2. Superintendent of Police Member
3. Chief Medical & Health Officer/ Principal Medical
Officer
Member
4. Chief Executive Officer/ Commissioner/ Executive
Officer. of Nagar Nigam/ Nag ar Parishad/Nagar
Palika
Member
5. District Employment Officer Member
6. Two Persons to represent recognized service
organizations to be nominated by the District
Collector, one of them shall be a woman
Member
7. Rehabilitation Officer of concerned dist rict/District
Probation and Social Welfare Officer/District
Probation Officer shall be the ex -officio Member
Secretary, to be decided by the District Collector
Member Secretary
(2) Nominated members shall hold office for a period of three years from the date of
appointment and for such further period, if any, as the Commissioner, may by general or
special order direct on that behalf.
(3) A nominated member may be terminated by the Commissioner, at any time without
assigning any reason.
(4) A nominated member shall be eligible for re -nomination on the expiry of his/her term of
office.
(5) Any vacancy among the nominated members shall be filled by nomination of another
nominated who shall hold office so long as the person in whose place he/she is nom inated
would have held it if the vacancy had not occurred.
(6) Nominated members shall be entitled for payment of traveling allowance and daily
allowance for journey undertaken to attend the meeting and compensatory allowance for
visiting the Rehabilitat ion Home at such rates as may from time to time be fixed by the
Commissioner.
23. Cleansing and medical examination of persons admitted to the Rehabilitation
Home.- (1) Every person admitted to the Rehabilitation Home shall,-
(a) submit to, –
(i) a preliminary medical examination and such medical dressing as may, in
the opinion of the Medical Officer, be necessary;
(ii) such trimming or shaving of the hair on any part of the person as may, in
the opinion of the Medical Officer, be necessary for the administration of
medical treatment or for securing cleanliness and health;
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(iii) thorough cleansing and washing of the body with such materials as may be
provided and the complete removal of clothing in order to secure this
object.
(b) wear such clothes as may be supplied by the Superintendent.
(2) Notwithstanding anything contained in these rules, the Medical Officer in pursuance of
the provisions of section 35 of the Act shall examine a person carefully and thoroughly and
shall,-
(i) record the result of his examination in Form -II, if the person is in good health
and in Form-III, if he/she is not in good health;
(ii) keep a copy of such record in the history sheet of the person concerned; and
(iii) report the result of his/her examination to the Superintendent:
Provided that a female inmates shall only be examined by a Lady Medical
Officer in the female section of the Rehabilitation Home.
24. Report certain cases to Commissioner. - The Superintendent shall report to the
Commissioner monthly compliances of the rules by the inmates as also progress of De -
addiction and training received etc.
Schedule-I
(See rule 4 (3) )
Clothing, Bedding, Toiletries and other articles
Every Inmates shall be provided with the following articles:-
Bedding
S.No. Article Quantity to be provided per inmate
1 Towels 2 Per year
2 Cotton Bed sheets 2 Per year
3 Pillow (Cotton Stuffed) 2 Per 2 years
4 Pillow Covers 4 Per 2 years
5 Woolen Blankets 2 Per 2 years
6 Cotton durry 2 Per 2 years
7 Mattress 1 Per 2 years
Clothing for female inmates
S.No. Article Quantity to be provided per inmate
1 Salwar suit or sari with blouse
and petticoats
4 sets per year
2 Brassieres 4 per year
3 Panties 8 per year
4 Sanitary towels 12 packs per year
5 Woolen shawls 2 in 2 years
6 Woolen Sweaters 1 in 2 year
7 Dupatta / Half sari 2 per year
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clothing for male inmates
S.No. Article Quantity to be provided per inmate
1 Shirts 4 Sets per year
2 Pants 4 Sets per year
3 Vest 4 Sets per year
4 Underwear 4 Sets per year
5 woolen jerseys 2 in 2 year
Miscellaneous articles
S.No. Article Quantity to be provided per inmate
1 Slipper 1 pair per year
2 Shoes 1 pair per year
Toiletry
S.No. Article Quantity to be provided per inmate
1 Hair oil 200 ml per months
2 Toilet soap 2 Large bar per month
3 Tooth paste and brush 1 Brush per 1 months 80 gm paste per
months
4 Comb 2 per year
5 washing soap 2 soap per month 125 gm
Form-I
(See rule-3)
Register of Admission
1 2 3 4 5 6 7 8
S.No
.
Name &
address of
inmate
together
with name
of father/
husband
Date
of
Admis
s-ion
and
Time
Caste/
religio
n and
Sex
Ag
e
Source
of
Admis
sion
Details of physical
fitness
Particulars and Value of
cash/other valuable
articles
1 2 3 1 2
Height Wei
g-ht
Marks
of
identifi
cat-ion
Signature
or Thumb
Impressio
n of
Inmate
Attesting
signature
and date of
Supdt/Asstt.
.Supdt.
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Form-II
(See rule 23)
MEDICAL EXAMINATION SLIP
NAME……………………age……………Registration number…................
sex…………weight…….height …………Identification marks ………….General state of
health Fit for work at institution.
Remarks if any ..............................................................
Date……………………..
Seal and signature of Medical officer
Form-III
(Seerule 23)
MEDICAL EXAMINATION SLIP
NAME……………………age………Registration number..........................
sex……………weight…….....height …………Identification marks
……………………............is suffering from ………………………..(disease)
Date……………………..
Seal and signature of Medical officer
[No. F.15 ( ) SS/Beggars/SJED/20/...................]
By order and in the name of the Governor,
Gayatri Rathore,
Secretary to the Government.
Government Central Press, Jaipur.