LexThe Telangana Prevention of Begging Act, 1977.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PREVENTION OF BEGGING ACT, 1977.
(ACT NO. 12 OF 1977)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER-I
PRELIMINARY.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER-II
BEGGING MADE AN OFFENCE
3. Begging in public place an offence.
CHAPTER-III
ARREST OF BEGGARS AND THE PROCEDURE
FOR COMMITTING THEM TO CERTIFIED
INSTITUTIONS, ETC.
4. Power to produce the person found begging before
a court.
5. Summary inquiry by the court in respect of persons
found begging and produced before it.
6. Orders of the court on completion of inquiry in
regard to person produced before it under section
4.
7. Order of court in regard to beggar who is a child.
8. Court’s finding regarding age to be final.
9. Court may order detention of persons wholly
dependent on.
10. Seizure and disposal of animals exposed or
exhibited for extorting alms.
2 [Act No. 12 of 1977]
CHAPTER-IV
CERTIFIED INSTITUTIONS AND THE
AUTHORITIES FOR THEIR MANAGEMENT.
11. Provisions of Certified Institutions.
12. Certified institutions to be under a Superintendent.
13. Advisory Committee.
14. Appointment of Chief Probation Inspector and
Assistant Inspectors.
CHAPTER-V.
MANAGEMENT OF AND DISCIPLINE IN
CERTIFIED INSTITUTIONS.
15. Mode of securing admission to certified institutions,
etc.
16. Procedure on detention or sentence of
imprisonment.
17. Search of beggar received in certified Institutions
and disposal of property of beggar.
18. Management and discipline.
19. Disciplinary imprisonment.
20. Transfer from one certified institution to another.
21. Release on licence.
22. Revocation of licence.
23. Power to release.
24. Arrest of person escaping from certified institution.
25. Transfers between certified institution and institution
of like nature in different parts in India.
26. Power to take finger prints.
[Act No. 12 of 1977] 3
CHAPTER-VI
MISCELLANEOUS.
27. Penalty for begging.
28. Penalty for employing or causing persons to beg or
using them for purposes of begging.
29. Penalty for refusing to give finger prints.
30. Certain offences to be cognizable and non-bailable.
31. Persons to be deemed public servants.
32. Detention to be deemed imprisonment for
purposes of appeal and revision.
33. Power to make rules.
34. Repeal and saving.
THE TELANGANA PREVENTION OF BEGGING ACT, 1977.1
ACT No. 12 OF 1977.
CHAPTER-I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Prevention of
Begging Act, 1977.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government may, by notification in the 2Telangana Gazette,
appoint and they ma y appoint different dates for di fferent
areas.
2. In this Act, unless the context otherwise requires,-
(a) „authorised officer ‟ means any police officer , or
such other person as may be authorised by the Government
to arrest any person under this Act;
(b) „begging‟ means,-
(i) soliciting or receiving alms for one ‟s own
subsistence or for the subsistence of his dependen ts and
1. The Andhra Pradesh Prevention of Begging Act, 1977 received the
assent of the President on the 30th April, 1977. The said Act in force in
the combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Note: The provisions of the Telangana Prevention of Begging Act, 1977
shall cease to apply to children according to section 91 of the Telangana
Children Act, 1979 (Act No.26 of 1979).
Definitions.
Short title, extent
and
commencement
2 [Act No. 12 of 1977]
includes allowing a child in his care to solicit or receive
alms;
(ii) soliciting or receiving alms, whether or not under
any pretence, such as singing, dancing, fortune telling,
performing tricks or offering any article for sale;
(iii) exposing or exhibiting, with the object of
obtaining alms, any sore, wound , injury, deformity or
disease, whether of a human being or of an animal;
(iv) having no os tensible means of subsistence and
wandering about or remaining in any public place in such
condition or manner as makes it likely that the person doing
so exists by soliciting or receiving alms;
(v) allowing one self or a child or an animal to be
used as an exhibit for the purpose of soliciting or receiving
alms;
(vi) entering on any private premises for the purposes
of soliciting or receiving alms;
but does not include soliciting or receiving money or food or
gifts for a purpose, authorised by any law or authorised in
the prescribed manner by the Government, or by the
Commissioner of Police in the cities of Hyderabad and
Secunderabad or by th e District Collector elsewhere ; and
the word “beggar” shall be construed accordingly;
(c) „Certified Institution ‟ means any instit ution called
„special home‟ or „ work-house‟ which the Government may
provide and maintain for the detention, training and
employment of beggars and their dependents and includes
any institution certified as such under sub -section (1) of
section 11;
[Act No.12 of 1977] 3
(d) „Chief Inspector ‟ means the Chief Inspector of
certified institutions appointed unde r sub -section (1) of
section 14;
(e) „Child‟ means a person who has not completed
sixteen years of age;
(f) „Court‟ means the court of a Metropolitan Magistrate
in the Metropolitan area of Hyderabad and that of a
Magistrate of th e first class or second class spe cially
authorised by the Government in this behalf elsewhere;
(g) „Government‟ means the State Government;
(h) „notification‟ means a notification published by the
Government in the 3Telangana Gazette and the word
„notified‟ shall be construed accordingly;
(i) „prescribed‟ means prescribed by rules made by the
Government under this Act;
(j) „public place ‟ means any public street or road or
thoroughfare or any place of public resort and includes any
public conveyance or railway carriage or premises of a
railway station, seaport or aerodrome;
(k) „special home‟ means an institution, established
and maintained by the Government under the provisions of
this Act for detention of beggars not physically capable of
ordinary manual labour, and includes any institution certified
as such under sub-section (1) of section 11;
(l) „Superintendent‟ means a person placed incharge of
a Certified Institution, by whatever name called;
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
4 [Act No. 12 of 1977]
(m) „work-house‟ means an institution established and
maintained by the Government under the provisions of this
Act for detention of beggars physically capable of ordinary
manual labour, and includes any institution certified as such
under sub-section (1) of section 11.
CHAPTER-II
BEGGING MADE AN OFFENCE
3. (1) No person shall beg in a public place after the
commencement of this Act and it shall be an offence
punishable under this Act, if any person is found begging in
a public place.
(2) Any person who is found begging in a public place
shall be liable to be punished under section 27 or dealt with
in the manner provided in Chapter-III.
CHAPTER-III
ARREST OF BEGGARS AND THE PROCEDURE FOR
COMMITTING THEM TO CERTIFIED INSTITUTIONS, ETC.
4. (1) Any authorised officer may arrest without warrant
any person wh o is found begging in contravention of
section 3.
(2) Any person arrested under sub -section (1) shall be
informed as soon as may be, of t he grounds for such arrest,
and shall be produced before the nearest court 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, together with a report explaining the circumstances
under which the arrest was made.
(3) The court shall, as soon as may be, order the
person to be taken before a medical officer, not below the
Power to produce
the person found
begging before a
court.
Begging in public
place an offence.
[Act No.12 of 1977] 5
rank of an Assistant Surgeon, and the medical officer shall,
after examining such person, prepare and forward a medical
report to the court regarding the age and physical capacity
for ordinary manual labour of such person.
(4) The medical officer referred to in sub -section (3)
shall state in the medical report referred to therein, inter alia-
(a) the age and sex of the person;
(b) whether the person is suffering from leprosy;
(c) from what, if any, communicable disease other
than leprosy, the person is suffering;
(d) whether the person is an idiot or of un -sound
mind; and
(e) what is the general state of health and bodily
condition of the person and for which kind of work, if any, he
is fit.
5. (1) The court before whom the person is produced
under sub -section (2) of section 4, shall on receipt of the
medical report referred to in sub -section (3) of that section,
make a summary inquiry into the facts and circumstances of
the case and also age , character and the physical capacity
for ordinary manual labour of the person produced before it.
(2) During such inquiry the court shall explain to such
person the facts alleged against him in the report of the
authorised officer and record any statement which he may
wish to make with reference thereto.
(3) If such person disputes the correctness of the
report of the authorised officer in any materia l respect, the
court shall proceed, as nearly as may be, in accordance
Summary inquiry
by the court in
respect of
persons found
begging and
produced before
it.
6 [Act No. 12 of 1977]
with the procedure laid down for the trial o f summons cases
in the Code of Criminal Procedure, 1973.
(4) If the inquiry 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.
(5) For the purposes of inquiry, the court may examine
the medical officer as a witness and shall reduce the
examination to writing.
6. (1) If on completion of the inquiry, the court is not
satisfied that the person was guilty of the offence under
section 3, it shall order that such person shall be released
forthwith.
(2) If on completion of the inquiry, the court is satisfied
that such person is guilty of the offence under section 3, it
shall record a declaration that the person is a beggar and
shall make further orders as provided in sub -section (3) or
sub-section (4) or sub -section (5) as the case may be,
unless he is, in the opinion o f the court, a leper or a lunatic,
in which case the court shall make further orders as
provided in sub-section (6).
(3) If the Court finds that the person who is declared a
beggar under sub -section (2) is a child, it may, subject to
the provisions of section 7, deal with the case in any manner
specified in section 28 of 4the Andhra Pradesh (Andhra
Area) Children Act, 1920, in accordance with the provisions
of that Act.
(4) If the Court finds that the person who is declared a
beggar under sub -section (2) has completed sixteen years
4. Andhra Area Act.
Central Act 2 of 1974.
Orders of the
court on
completion of
inquiry in regard
to person
produced before it
under section 4.
Act 4 of 1920.
[Act No.12 of 1977] 7
of age and is physically capable of ordinary manual labour,
it may, instead of sentencing him under section 27, order his
detention in a workhouse for a specified period not less than
one year but not exceeding three years:
Provided that if the Court is satisfied from the
circumstances of the case that the person declared a
beggar under sub -section (2) is not likely to beg again it
may,-
(i) instead of releasing him on proba tion of goo d
conduct under clause ( ii) relea se such person after due
admonition on his giving an undertaking in writing that he
will not again commit an offence under section 3;
(ii) direct that he be released on his entering into a
bond with or without sureties t o appear and receive
sentence when called upon during such period as the Court
may direct and in the mean time to be of good behaviour.
(5) If the court finds that the person who is declared a
beggar under sub -section (2) has completed sixteen years
of age but is not physically capable of ordinary manual
labour, it may, instead of sentencing him under section 27,
order his detention in a speci al home for such period as the
Court may deem fit.
(6) (a) If the Court is of opinion that the person who is
declared a beggar under sub -section (2) is a leper or a
lunatic, it shall record a finding to that effect and shall direct
that the detention ord ered shall be undergone by the
beggar-
(i) if a leper, in a leper asylum appointed under
section 3 of the Leper s Act, 1898 , and certified under
section 11 of this Act ;
Central Act 3 of 1898.
8 [Act No. 12 of 1977]
(ii) if a lunatic, in an asylum established or licensed
under section 84 of the Indian Lunacy Act, 1912 and
certified under section 11 of this Act.
(b) Notwithstanding anything in the L epers Act, 1898,
or in t he Indian Lunacy Act, 1912, in respect of any lep er
asylum or lunatic asy lum referred to in clause (a) the
Superintendent of such leper asylum or the person incharge
of such lunatic asylum, as the case may be, shall also have
authority to detain persons se nt thereto in such asylum in
accordance with the direction of the Court under this
section.
7. Where the Court dealing with any case under
sub-section (3) of section 6 finds that the person
concerned,-
(i) has no home or settled place of abode or ostensible
means of subsistence, or has no parent or guardian, or has
a parent or guardian who does n ot exercise proper
guardianship; or
(ii) is destitute and both his parents are or his surviving
parent, or in the case of an illegitimate child his mother, is
undergoing imprisonment; or
(iii) is under the care of a parent or guardian who by
reason of criminal or drunken habits is unfit to have such
care,
it may order him to be sent to a school establis hed or
certified under the relevant law for the time being in force
relating to children:
Provided that where the Court is satisfied that it is
inexpedient to send the offender to such school by reason
of his bodily ailment or incapacity or other cause, the Court
Central Act 4 of 1912.
Central Act 3 of 1898.
Order of court in
regard to beggar
who is a child.
Central Act 4 of 1912.
[Act No.12 of 1977] 9
may, if separate accommodation is provided in a special
home for persons who have not completed sixteen years of
age, order his detention in such home for a specified p eriod
not exceeding three years:
Provided further that where the court is satisfied that
the parent or guardian of the person concerned who is
bound to maintain him has sufficient means but fails to
maintain him, it may order such parent or guardian to
maintain him or to contribute for his maintenance such
amount as may be specified in that order.
8. Where a court has arrived at a finding regard ing the
age of a person dealt with by it under section 5, such age
shall, for the purpose thereof be deemed to be his true age,
and no order or judgment of the court shall be deemed to
be invalid or be liable to be questioned in appeal or revision
on the ground that the age of such person was not correctly
determined by the court.
9. (1) When the court has ordered the deten tion of a
person for a ny period in a certified institution under section
6 it may, after making such inquiry as it thinks fit, order any
other person who is wholly dependent on such person to be
detained in the certified institution for a like period :
Provided that no such order shall be made unless the
dependent person has been given an opportun ity of
showing cause against such order.
(2) Where the dependent person is a child, the court
may-
(a) place the child in the custody of any suitable
person, whether a relative or not, who is willing to u ndertake
the care of such child; or
Court‟s finding
regarding age to
be final.
Court may order
detention of
persons wholly
dependent on.
10 [Act No. 12 of 1977]
(b) send him to a school established or certified
under the relevant law for the time being in force relating to
children:
Provided that where the dependent person is the
beggar's own child who has not completed five years of age
and the beggar is an able bodied mother not being a leper
or a lunatic, the child may be ordered to be detained in the
same certified ins titution in which the mother is detained
without being separated from the mother until it completes
five years of age and thereafter dealt with as provided in this
sub-section.
For the purpose of this section, the court may, if
necessary, cause the depen dent person to be arrested and
brought before itself and sent for examination by a Medical
Officer.
10. (1) Any authorised officer effecting under sub-section
(1) of section 4 the arrest of a person who is found begging
may seize any animal, the sore, wound, injury, deformity or
disease of which was exposed or exhibited by such person
with the object of obtaining or extorting alms.
(2) The authorised officer may remove the animal to
any infirmary appointed under section 6 -B of the Prevention
of Cru elty to Animals Act, 1890, for detention therein and
thereafter the provisions of that Act shall, mutatis mutandis,
apply to such animal.
CHAPTER-IV
CERTIFIED INSTITUTIONS AND THE AUTHORITIES FOR
THEIR MANAGEMENT.
11. (1) The Government shall establish and maintain one
or more work -houses and one or more special homes at
such place or places as they think fi t; or may certify an y
Seizure and
disposal of
animals exposed
or exhibited for
extorting alms.
Central Act 11 of 1890
Provisions of
Certified
Institutions.
[Act No.12 of 1977] 11
institution not established and maintained by the
Government, to be a work -house or special home for the
purposes of this Act.
(2) Separate accommodation for males and females
shall be provided in each such certified institutions.
12. (1) Every certified institution shall be under the charge
of a Superintendent who shall exercise such powers and
perform such functions as are assigned to him by or under
this Act.
(2) Every certified institution shall make provision for
the residence, maintenance, physical exercise and medical
care of its inmates.
(3) Every certified institution may, for the general public
uplift of its inmates, provide for the following matters,
namely:-
(a) training in arts and crafts;
(b) training in agriculture and poultry;
(c) establishment of an industry;
(d) primary education;
(e) education in morals and conduct in every day life;
(f) health and medical care.
13. (1) The Government may constitute for one or more
certified institution s, an Advisory Committee consisting of
such number of persons not exceeding twenty but not less
than nine as they may appoint:
Certified
institutions to be
under a
Superintendent.
Advisory
Committee.
12 [Act No. 12 of 1977]
Provided that two of such persons shall be persons
nominated by each local author ity for whose local area the
certified institution or institutions are established or certified.
(2) The Advisory Committee constituted under
sub-section ( 1) or any member thereof may visit at all
reasonable times and after due notice to the Superintendent
of any certified institutions in which beggars are detained.
(3) The Advisory Committee may also-
(i) tender advice as regards managemen t, to the
Superintendent of the certified institution through the Chief
Inspector or such officer as the Government may specify;
(ii) collect subscriptions towards the recurring as well
as non -recurring expenditure of any or all certified
institutions within its jurisdiction and disburse the collections
to them in the prescribed manner;
(iii) advise the Government through the Chief
Inspector as regards the establishment of additional certified
institution or the abolition of any certified inst itution within its
jurisdiction;
(iv) advise the Government generally on the working
of this Act in its jurisdict ion and particularly on any point
referred to it by the Chief Inspector or any other officer
specified by the Government.
14. (1) The Government may appoint a Chief Inspector of
certified institutions for the State, and Inspector and as
many Assistant Inspectors as may and be necessary for one
or more certified institutions functioning i n any area, for
exercising the powers and per forming the functions
conferred on or entrusted to them by or under this Act.
Appointment of
Chief probation
Inspector and
Assistant
Inspectors.
[Act No.12 of 1977] 13
(2) The Government may, by general or special order,
define the local limits within which the Inspector or each
Assistant Inspector shall exercise the powers and perform
the functions conferred on or entrusted to the Inspector or
Assistant Inspectors by or under this Act.
(3) Subject to the provisions of this Act the Inspector
and all Assistant Inspectors shall perform their functions
under the general superintenden ce and control of the Chief
Inspector and the Chief Inspector may, in addition to the
powers and func tions conferred on or entrusted to him,
exercise any power or perform any function so conferred or
entrusted to an Inspector or Assistant Inspector.
(4) The Chief Inspector, Inspector or Assistant
Inspector shall inspect every certified institution as often as
necessary, but not less than once in every six months.
CHAPTER-V.
MANAGEMENT OF AND DISCIPLINE IN CERTIFIED
INSTITUTIONS.
15. (1) Any beggar may present himself for admission into
any certified institution and the Superintendent of the
Institution shall, after satisfying himself that he is a beggar,
admit him to such institution.
(2) Any beggar desirous of admission into a certified
institution under sub -section (1) shall, before his admission
execute an agreement to the effect that he shall abide by the
rules and regulations of the institution and comply with such
general and spec ial directions and orders as may be given
at any time by the Superintendent of the institution.
(3) Such beggar may be transferred from one certified
institution to another.
Mode of securing
admission to
certified
institutions, etc.
14 [Act No. 12 of 1977]
16. (1) Subject to the provisions of sub-section (2) when a
person has been ordered to be detained in a certified
institution under section 6, the court which ordered the
detention shall forthwith forward him to the nearest certified
institution with a copy of the order of deten tion and the
person shall thereupon be handed over to the custody of
the Superintendent of the institution, who shall detain him in
the institution.
(2) When any such person has been sentenced to
imprisonment, the court passing the sentence of
imprisonment, shall forthwith forward a warrant to a jail in
which he is to be confined and shall forward him to such jail
with the warrant together with a copy of the order of
detention. After the sentence of imprisonment is fully
executed, the officer ex ecuting it shall, if detention in a
certified institution for any period remains to be undergone
by such person, forward him forthwith together with the
copy of the order of detention to the nearest certified
institution.
17. (1) The Superintendent of a certified institution may
order, that any person received in the certified institution
shall be searched, that his personal effects shall be
inspected, that any money or valuables found with or on the
person shall be kept in the custody of the Superintendent or
disposed of in the prescribed manner, and that any effects
other than money or valuables so found shall be disposed
of in the prescribed manner:
Provided that a woman or female child shall be
searched by a woman only and with due regard to decency.
(2) Where any such person is released or discharged
from the certified institution his money and valuables, if any
kept with the Superintendent shall be returned t o him and if
his clothing has been destroyed, he shall be provided with
Search of beggar
received in
certified
Institutions and
disposal of
property of
beggar.
Procedure on
detention or
sentence of
imprisonment.
[Act No.12 of 1977] 15
fresh clothing and the expenses therefor shall be borne by
the Government.
18. Persons detained in certified institutions under this Act
shall be subject to such rules of management and
discipline, including the imposition of manual or other work
and the awarding of punishment for breach of any such
rules, as may from time to time, be prescribed.
19. Without prejudice to any disciplinary action that may be
taken under section 18, the Chief Inspector may report to
the court the case of any person detained in a certified
institution who habitually or wilfully refuses or neglects to
comply with all or any of the rules referred to in section 18
and the court may if satisfied that the person has wilfully
refused or neglected to comply with such rules convert a ny,
period of his detention in a certified institution not exceeding
three months into a term of imprisonment to a like period.
20. (1) The Chief Inspector may direct that any person
detained i n a certified institution may be transferred
therefrom to another certified institution.
(2) In directing such transfer, the Chief Inspector shall
have due regard to the medical report referred to in
sub-section (3) of section 4 and the directions, if any, made
by the court under sub-section (6) of section 6.
21. (1) The Chief Inspector may at any time grant
permission to a person detained in a certified institution to
absent himself for short periods or release him by granting a
licence on such terms and conditions as may b e
prescribed:
Provided that in urgent cases, the Superintendent of a
certified institution may grant such permission for any period
not exceeding fifteen days.
Management and
discipline.
Disciplinary
imprisonment.
Transfer from one
certified institution
to another.
Release on
licence.
16 [Act No. 12 of 1977]
(2) Any licence granted under sub -section (1) shall be
in force until the expiry of the term for which the person was
ordered to be detained in a certified institutio n unless
sooner revoked.
(3) The period during which such person is absent
from a certified institution during the continuance of a
permission or a licence granted to him under sub-section (1)
shall for the purpose of computing his term of detention in a
certified institution be deemed to be part of his detention.
22. (1) The Chief Inspector may at any time revoke a
licence granted under sub -section (1) of section 21 and
thereupon the released person shall be detained in a
certified institution until the expiry of the term for which he
had been ordered to be detained.
(2) For the purpose of this section, the Chief Inspector,
may if necessary, cause the released person to be arrested
and sent to nearest certified institution together with a copy
of the order of detention, and thereupon the provisions of
sub-section (1) of section 16 shall, so far as may be, apply.
23. If the Government at any time, of their own motion or
on application made to them, are satisfied that a person
convicted under section 6 or section 27 and committed to a
certified institution has been cured of the 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, they may, by order, direct that the person
so detained shall b e released subject to such restrictions
and conditions, if any, as may be specified in the order.
24. Any person who leaves a certified institution without the
permission of the Superintendent or fa ils to return the reto
after the expiry of the period of absence permitted under
sub-section (1 ) of section 21 may be arrested by an
Revocation of
licence.
Power to release.
Arrest of person
escaping from
certified
institution.
[Act No.12 of 1977] 17
authorised officer, without warrant, and sent back to the
certified institution.
25. The Government may direct any person detained in a
certified institution in this State to be transferred therefrom to
any institution of a like nature in any other State in respect of
which provision similar to that in this State is made by the
Government of t hat other State under any law in force
therein:
Provided that no such transfer shall be made without
the previous consent of the Government of that other State.
26. Every person ordered to be det ained in a certified
institution under this A ct shall at any time allow his finger
prints to be taken by the Commissioner of Police or any
officer empowered by him in this behalf in the cities of
Hyderabad and Secunderabad and by the District
Magistrate or any officer empowered by him in this behalf
elsewhere.
CHAPTER-VI
MISCELLANEOUS.
27. (1) Whoever is found begging in contravention of the
provisions of section 3 shall, on conviction, be punished
with imprisonment for a term which shall not be less than six
months but shall not be more than two years or with fine
which may extend to two hundred rupees or with both.
(2) Whoever, after having been convicted unde r
sub-section (1), is again convicted for a second time, he
shall be punished with imprisonment for a term which shall
be not less t han two years but shall not be more than three
years.
Transfers between
certified institution
and institution of
like nature in
different parts in
India.
Power to take
finger prints.
Penalty for
begging.
18 [Act No. 12 of 1977]
(3) Whoever, after having been convicted under
sub-section (2) for a second time, is c onvicted again, he
shall be punished with imprisonment for a term which shall
not be less than three years but shall not be more than five
years.
28. Whoever employs or causes any person to solicit or
receive alms, or whoever having the custody, charge or care
of a child connives at or encourages or causes the
employment of a child to solicit or receive alms or whoever
uses an other person or a corpse as an exhibit for the
purpose of beggi ng, shall on conviction, be punished with
imprisonment for a term which shall not be less than two
years but shall not be more than seven years and in case he
is a beggar, thereafter with detention i n a certified institution
for a period of not less than one year and not more tha n
three years or with imprisonme nt for a further term which
may extend to one year in lieu of such detention.
29. Whoever refuses to allow his finger prints to be taken
under section 26 shall, on conviction, be liable to have his
period of detention in a certified institution not exceeding
three months converted to a term of imprisonment
extending to a like period.
30. The offence under section 28 of this Act shall be
cognizable and non-bailable.
31. All persons empowered to perform any function under
this Act shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code.
32. An order of detention under this Act shall be deemed to
be a sentence of imprisonment for the same period, for the
purposes of appeal and revision under the Code of Criminal
Procedure, 1973.
Penalty for
employing or
causing persons
to beg or using
them for purposes
of begging.
Penalty for
refusing to give
finger prints.
Certain offences
to be cognizable
and non-bailable.
Persons to be
deemed public
servants.
Central Act 45 of 1860.
Detention to be
deemed
imprisonment for
purposes of
appeal and
revision.
[Act No.12 of 1977] 19
33. (1) The Government may, by notification and subject to
the condition o f previous publication, make rules for
carrying out all or any of the purposes of this Act.
(2) Every rule made under this section shall,
immediately after it is made, be laid before each House of
the State Legislature, if it is in session and if it is not in
session, in the session immediately following for a total
period of fourteen days, which may be comprised in one
session or in two successive sessions and if, before the
expiration of the session in which it is so laid or the session
immediately fol lowing, both Houses agree in making any
modification in the rule or in the annulme nt of the rule, the
rule shall from the date on which the modifi cation or
annulment is notified, have effect only in such modified form
or shall stand annulled as the case ma y be; so however that
any such modification , or annulment shall be without
prejudice to the validity of anyth ing previously done under
that rule.
34. The Andhra Pradesh (Andhra Area) Prevention of
Begging Act, 1945, the Andhra Pradesh (Telangana Area)
Prevention of Beggary Act, 1350 F. and the Andhra Pradesh
Prevention of Begging Ordinance, 1976 are hereby repealed
and; upon such repeal the provisions of sections 8 and 18
of the 5Telangana General Classes Act, 1891, shall apply as
if the said Acts and Ordinance had been repealed and
re-enacted by the Andhra Pradesh Act.
* * *
5. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power to make
rules.
Repeal and
saving.
Act XII of 1945.
Act XX of 1350F.
ordinance 26 of 1976.
Act 1 of 1891.