LexThe uttar pradesh public examination (prevention of unfair means) act, 1998
Uttarakhand · state statute
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THE UTTAR PRADESH PROHIBITION OF BEGGARY ACT, 19751
[U. P. ACT NO. 36 OF 1975]
[Authoritative English Text of the Uttar Pradesh Bhiksha Vritti Pratishedh
Adhiniyam, 1975]
AN
ACT
to provide for the prevention of beggary and matters connected therewith
IT IS HEREBY enacted in the Twenty-sixth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
Short title,
extent,
application,
commencement
and effect.
1- (1) This Act may be called the Uttar Pradesh Prohibition of Beggary Act,
1975.
(2) It extends to the whole of Uttar Pradesh.
(3) The provisions of this Act shall apply to such city, municipality,
notified area or town area or part thereof or such other local area with effect
from such date as the State Government may, by notification, spec ify in this
behalf, and diffe rent dates may be appointed for different areas and different
provisions of this Act.
(4) The State Government may, by notification in the official Gazette
direct that the provisions of this Act shall in the first Instance app ly only to
children and by subsequent notifications from time to time direct the
application of this Act to other categories of persons.
(5) On the commencement of this Act in any area of the State and to any
class of persons in the manner provided in sub -sections (3) and (4) all
corresponding laws in force in that area shall in relation to that class of
persons cease to have effect and the provisions of section 6 of the U. P.
General Clauses Act, 1904, shall apply to such cessation as they apply to the
repeal of an enactment.
Definitions 2- In this Act, unless the context otherwise requires :-
(a) 'begging', with its cognate expressions and grammatical variations
means soliciting or receiving alms in a public place, whether or not under any
pretence su ch as singing, dancing, fortune -telling, performing tricks or
offering any article for sale, and includes-
(i) entering on any private premises for the purpose of soliciting or
receiving alms;
(ii) exposing or exhibiting, with the object of obtaining or extorting
alms, any sore, wound, injury, deformity or disease, wheth er of a human
being or animal;
(iii) having no visible 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;
1 For Statement of Objects and Reasons, please see Uttar Pradesh Gazette
Extraordinary, dated August 7, 1975).
(Passed in Hindi by the Uttar Pradesh Legislative Council on August 6, 1975 and
by the Uttar Pradesh Legislative Assembly on August 8, 1975).
(Received the Assent of the Governor on August 14, 1975 under Article 201 of ’
the Constitution of India ’ and was published in the Uttar Pradesh Gazette
Extraordinary, dated August 22, 1975).
[The Uttar Pradesh Prohibition of Beggary Act, 1975] [Section 3-5]
(iv) allowing oneself to be used as an exhibit for the purpose of
soliciting or receiving alms; but does not include soliciting or rece iving
money or food or gifts for a purpose authorized by any law or authorized in
the manner prescribed;
(b) 'Certified Institution' means any institution which the State Government
provides and maintains for the detention, training and employment for beg gars
and their dependents and includes an institution certified as such under section
16;
(c) 'Child' means a person below the age of sixteen years;
(d) 'Court' means the court of a Judicial Magistrate of the first class or of the
second class or any oth er court exercising criminal jurisdiction in the area in
which this Act is in force;
(e) 'Juvenile Court' has the meaning assigned to it in the Uttar Pradesh
Children Act, 1951;
(f) 'prescribed' means prescribed by rules made under this Act;
(g) 'public place' means any place to which for the time being the public have
or are permitted to have access, whether on payment or otherwise, and includes
any railway carriage, vehicle or vessel or railway or bus station;
(h) 'Committee' means the State Destitute s Relief Committee consti tuted
under section 3.
CHAPTER II
ADMINISTRATIVE MACHINERY
State Destitute
Relief
Committee
3- (1) The State Government may, by notification in the official Gazette
constitute a State Destitutes Relief Committee.
(2) The Commi ttee shall consist of a Chairman and such number of other
members as may be prescribed.
(3) The Chairman and other members shall be appointed by the State
Government and shall, unless the appointment is terminated earlier by the State
Government, hold office for a term of three years from the date of appointment.
(4) Any vacancy in the committee caused by resignation or otherwise shall
be filled by the State Government by fresh appointment.
(5) Save as otherwise provided in this section the terms and con dition of
appointment of the Chairman and other members of the Committee shall be such
as may be determined by the State Government.
Acts of the
committee not
to be invalid-
dated vacancy
4- No act or proceeding of the Committee shall be deemed to b e invalid by
reason merely of any vacancy or any defect in the constitution of the
committee.
Powers and
functions of
the committee
5- The Committee shall-
(a) advise the State Government on matters concerning prohibition of
beggary and the provision of relief to destitutes ;
(b) prepare and submit to the State Government schemes for the
purpose of providing relief to destitutes ;
(c) supervise, direct and control all matters relating to the
administration of relief to destitutes; and
[The Uttar Pradesh Prohibition of Beggary Act, 1975] [Section 6-10]
(d) exercise such other powers and perform such other functions; and
duties as may be specified by or under this Act.
Staff of the
committee
6- (1) There shall be a Secretary of the committee who shall be appointed by
the State Government on such terms and conditions as the State Government
determine.
(2) Subject to any general or special orders of the State Government
Committee may, for the purpose of enabling it to perfor m i ts functions
efficiently or to exercise its powers appoint such other officers or employees as it
may think fit and determine their functions and conditions of service.
Local Relief
Committees
7- (1) The Committee may, for the purpose of carrying out the provisions of
this Act in any local area, constitute a Local Relief Committee in such manner as
may be prescribed.
(2) The Local Relief Committee shall, subject to the control of the State
Destitutes Relief Committee, perform such functi ons as may be prescribed or
assigned to it by or under this Act.
CHAPTER III
PREVENTION OF BEGGARY
Prohibition of
begging
8- No person shall beg within an area to which this Act applies.
Power to arrest
person found
begging
9- (1) Any police officer may arrest without warrant any person who is Power
found begging and shall take or send the person so arrested to a Court :
Provided that no person entering upon any private premises for the purpose
of soliciting or receiving alms shall be arrested or sh all be liable to any
proceedings under this Act, except upon an oral or written complaint to such
police officer by any occupier of the premises.
(2) The provisions of sections 50, 51, 52, 56 and 57 of the Code of Criminal
Procedure, 1973 shall, so far as may be, apply to every arrest under this section,
and the officer -in-charge of the police station shall cause the arrested person to
be kept in the prescribed manner until he can be brought before a Court.
Inquiry in
respect of
persons found
begging.
10- (1) Where a person is brought before the Court under section 9 the Court
shall make a summary inquiry in the prescribed manner as regards the allegation
that he was found begging.
(2) If the inquiry referred to in sub -section (1) cannot be completed forth-
with 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 :
Provided that the Court may, pending inquiry, release a person on furnishing
bond, with or without sureties, that during the inquiry, he shall not resort to
begging and shall attend the Court whenever required.
(3) If on making the inquiry referred to in sub -section (1) the Court is not
satisfied that the person was found begging, it shall order that such person be
released forthwith.
[The Uttar Pradesh Prohibition of Beggary Act, 1975] [Section 11-12]
(4) If on making the inqui ry referred to in sub -section (1 ) the Court is
satisfied that such person was found beggi ng, it shall record a finding that the
person is a beggar.
[(5) If a person is found to be a beggar under the last preceding sub -section
the Court may pass any of the following orders, namely—
(a) If the Court is satisfied from the circumstances of the ca se that the
person found to be a beggar as aforesaid is not likely to beg again, it may,
after due admonition, release that person on a bon, with or without sureties,
for his abstaining from begging, and being of good behaviour during the
period in which the bond is in force;
(b) The Court may order him to be detained in a Certified Institution
for a period which shall be not less than one year and may extend up to two
years:
Provided that the court may, by a subsequent order, and for reasons to
be recorded, reduce the period of such detention.]1
(6) In passing any order under the provisions of this Act, the Court shall have
regard to the following, that is to say-
(a) the age and character of the person charged with begging,
(b) the circumstances and con ditions in which that person was living,
and
(c) such other matters as may, in the opinion of the Court, be
necessary to be taken into consideration in the interests of such person.
(7) A copy of the order made under sub -section (5) shall be sent forthwi th to
the Superintendent of the Certified Institution.
Special
provision for
child beggars
11- (1) Notwithstanding anything contained in this Act, where is found that a
person against whom an inquiry is to be held under section 10 is a child, the
court shall, if the provisions of Uttar Pradesh children Act, 1951 are applicable
in that local area, forward the child to a Juvenile Court which shall deal with him
in accordance with the provisions of that Act.
(2) For ascertaining the age of a person for the purpose of sub-section (I) the
Court may cause him to be examined by a registered medical practitioner or take
such other evidence as it considers necessary.
Penalty for
subsequent
offences.
12- (1) Whoever, having been previously detained in a Certified Institution under
this Act, is found begging, shall on conviction be punished as herein after
provided.
(2) When a person is convicted for the first time under sub -section (I), the
Court shall order him to be detained in a certified Institution for a per iod which
shall not be less than one year and may extend up to three years.
(3) When a person is convicted for the second or subsequent time under sub -
section (1) the Court shall order him to be detained in a certified Institution, for a
period of five years and may convert any period of such detention (not exceeding
two years) into a sentence of imprisonment extending to a like period.
1- Substituted by section 2 of U.P. Act No. 21 of 1978.
[The Uttar Pradesh Prohibition of Beggary Act, 1975] [Section 13-18]
Keeping of
child below 5
years wholly
dependent on
beggar
13- Where the court has ordered the detention of a person in a Certified
institution under section 10 or section 12 it may, after making such inquiry as
it thinks fit, order any child below the age of five years wholly dependent on
such person, to be kept in the Certified Institution during the whole or part of
the period of his detention.
Recovery of
costs of
maintenance
from the
beggar or his
relatives
14- (1) The Court which makes an order for the detention of any person in a
Certified Institution under section 10 or section 12 may make an order that the
parent or any other person liable to maintain him shall, if able to do so,
contribute to his maintenance in the prescribed manner.
(2) If the Court is satisfied that the person against whom an order for
detention is made under section 10 or section 12 has any property or is entitled
to a share in any property, it may direct that such co sts of maintenance as mar
be specified in the order shall be recovered from his property of share in the
property as the case may be.
(3) Before making any order under sub -section (1) or (2) the Court shall
afford opportunity to the person against whom an order is proposed to be
made under the aforesaid provisions to show cause against the same.
(4) Any order made under this section may, on the application made by
the party liable, or otherwise, be varied by the Court.
(5) Any sum ordered to be recovere d under sub-section (1) or (2) shall be
recovered as if, it was fine imposed by a Court of Criminal Jurisdiction.
Penalty for
employing or
causing persons
to beg or using
them for
purposes of
begging
15- Whoever employs or causes any person to beg or whoever having the
custody, charge or care of a child, connives at, induces or encourages him or
whoever uses another person as and It or the purpose begging, shall on
conviction be punished with imprisonment for a term which shall not be less
than one year and may extend up to three years.
Punishment
for refusing to
go to a
Magistrate etc.
16- Any person refusing or failing to accompany a police officer or any other
person authorized in this behalf to appear before a Court or Magistrate or to be
taken to a Certified Institution or other place, when required under this Act,
shall on conviction be punished with imprisonment for a term which may
extend to six months or with fine or with both.
CHAPTER IV
CERTIFIED INSTITUTIONS
Certified
institution
17- (1) The State Government may provide and maintain one or more
Certified Institutions at such place or places as it thinks fit and may certify any
institution to be a Certified Institution for the purposes of this Act.
(2) Every such Certified Institution shall be under the charge of a
Superintendent who shall be appointed by the State Government on such
terms and conditions as may be prescribed.
(3) In any such Certified Institution, there shall, so far as practicable, be
made provision for the teaching of agricultural, industrial and other pursuits
and for the general education and the medical care of the inmates.
Management
and discipline
18- Any person who is detained in a Certified Institution under this Act shall be
subject to such rules of managem ent and discipline including the taking of
manual or other work and the awarding of punishment for breach of any such
rules, as may, from time to time be prescribed.
[The Uttar Pradesh Prohibition of Beggary Act, 1975] [Section 19-22]
Transfer of
detunes
19- Subject to such conditions as may be prescribed any person detained in
a Certified Institution under this Act may be transferred to any other Certified
institution :
Provided that the total period of detention of such person shall in no
case be increased by such transfer :
Provided further that no person shall be transferred to any other State
without the consent of the Government of that State.
Arrest of
persons
suffering from
certain
diseases
20- Any person who leaves a Certified Institution without the permission of
the Superintendent thereof or any other lawful excuse, or fails to return after
the expiry of the period of absence permitted under this Act, may be arrested
by any police officer wi thout warrant or by an officer of the Certified
Institution authorized in this behalf by the State Government and shall be sent
back to the Certified Institution.
CHAPTER V
POWERS OF THE STATE GOVERNMENT
detention of
persons
suffering from
certain
diseases
21- (1) Where it appears to the State Government or any person authorized
by the State Government in this behalf that any person detained in a Certified
Institution under this Act is a leper, or of unsound mind, the State
Government, to the person s o authorized, as the case may be, may order the
removal of that person to a leper asylum or a mental hospital or other place of
safe custody.
(2) Subject to the provision of the Lepers Act, 1898 and the Indian
Lunacy Act, 1912, no such person as aforesaid shall be detained in a leper
asylum or mental hospital or other place, as the case may be for a term
inclusive of the period of detention undergone in a Certified Institution, which
would exceed the total period for which he has been ordered to be detaine d in
a Certified Institution under section 10 or section 12.
(3) Where it appears to the State Government or any person authorised
by it in this behalf that the person has ceased to be of unsound mind or is
cured of leprosy, the State Government or such o ther person shall by order
direct him to be sent back to the Certified Institution, if still liable to be
detained and shall otherwise direct him to be discharged.
(4) Subject to the provisions of this section where the removal of a
beggar due to unsoundn ess of mind or leprosy is immediately necessary, it
shall be open to the superintendent of a Certified Institution to proceed in the
prescribed manner until such time as the order of the State Government or any
other person authorised in that behalf can be obtained, as aforesaid.
Temporary or
unconditional
release before
expiration of
the period of
detention
22- (1) Subject to such conditions as may be prescribed, the State
Government or any other person authorised in this behalf may at any time
grant permission to a person detained in a Certi fied Institution to absent him -
self for short periods or may at any time release such person conditionally and
issue him a licence therefor.
(2) Subject to such conditions as may be prescribed, a licence issued
under sub-section (v) may at any time be revoked and ther eupon the person
released on such licence shall surrender and in case of default shall be arrested
and sent to a Certified Institution for detention until the expiry of the term for
which he had been ordered to be detained under section 10 or section 12.
[The Uttar Pradesh Prohibition of Beggary Act, 1975] [Section 23-28]
(3) The period during which any person is absent from a Certified
Institution by permission or by licence as aforesaid shall, for the purpose of
computing his term of detention in a Certified Institution, be deemed to be part
of his detention.
(4) Notwithstanding anything contained in the foregoing provisions, the
State Government may, if it is satisfied that a person detained in a Certified
Institution will abstain, from begging, direct at any time that he shall be
released unconditionally and thereupon the term for which such person had
been ordered to be detained in a Certified Institution shall be deemed to have
expired.
CHAPTER VI
MISCELLANEOUS
Medical
examination of
the beggar
23- (1) A person ordered to be detained in a Certified Institution under this Act
shall, as soon as may be, after his arrival at a Certified Instit ution be examined
by a Medical Officer.
(2) The Medical Officer shall report about the age and general Mate of
health and mental and bodily condition and in particular whether the person is a
leper or whether he is suffering from any infectious or contagi ous disease and
whether he is capable of rendering any kind of manual labour.
(3) The report of the Medical Officer referred to in sub -section (2) shall be
forwarded to the Superintendent of such Certified Institution and a copy or the
report shall also b e sent to the State Government or a person authorised in that
behalf for such action as may be deemed fit.
Search in
certified
institution
24- The Superintendent of a Certified Institution may direct that any person
received in the Certified Institution shall be searched, that he shall be cleansed,
that his personal effects shall be inspected and that any money or other thing
found with him shall be disposed of in the prescribed manner:
Provided that a female shall be searched only by a female, and with due
regard to decency.
Power to take
finger prints
25- (1) Every person ordered to be detained in a Certified Institution under this
Act shall at any time allow his finger prints to be taken by any officer
empowered by rules in this behalf.
(2) Whoever refuses to allow his finger prints t o be taken under sub
section (1) shall on conviction be liable to imprisonment for a term which may
extend to three months.
Seizure and
disposal of
animals
26- (1) Any police officer arresting a person under sect ion 9 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 exorting alms.
(2) Any animal seized under sub-section (1) may be removed to the nearest
veterinary hospital and shall be disposed of in accordance with the orders of the
Court.
Offences to be
cognizable and
non-bailable
27- All offences under this Act shall be cognizable and non-bailable.
Appeal and
revision
28- For the purposes of appeal and revis ion under the Code of Criminal
Procedure, 1973 and order of detention, passed under this Act shall be deemed
to be a sentence of imprisonment.
[The Uttar Pradesh Prohibition of Beggary Act, 1975] [Section 29-31]
Persons to be
deemed public
servants
29- All persons empowered to perform any function by or under this Act
shall be deemed to be public servants, within the meaning of section 21 of the
Indian Penal Code.
Bonds taken
under this Act
30- The p rovisions of Chapter XXXIII of the Code of Criminal Procedure,
1973 shall, so far as may be, apply to bonds taken under this Act.
Rules 31- (1) The State Government may by notification in the official Gazette make
rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:-
(a) the powers, functions and duties of the Committee;
(b) the constitutions, powers, functions, and dutie s of the Local Relief
Committees;
(c) the manner in which a person arrested under section 9 is to be kept
until he can be brought before a court;
(d) the manner of making summary inquiry under sub -section (1) of
section 10;
(e) the manner in which contr ibution for the maintenance of a person
detained in a Certified Institution may be made under subsection (1 ) of
section 14;
(f) the management and discipline including the taking of manual or
other work and the awarding of punishment for breach of rules in respect of
the person detained in a Certified Institution;
(g) the conditions subject to which a person may be transferred from
one Certified Institution to another in the State or outside the State;
(h) the manner of and the conditions for the remova l of any person
from Certified Institution owing to unsoundness of mind or any other reason
under sub-section (4) of section 21;
(i) the conditions of permission for temporary absence from a Certified
Institution and the conditions of licence for temporar y release under sub -
section (1) of section 22;
(j) the manner in which the medical examination of a beggar is to be
held under section 23;
(k) the manner of disposal of things found in possession of a person
detained in Certified Institution under section 24;
(l) fees in respect of any of the matters provided by or under this Act;
(m) any other matter which is required to be or may be prescribed.
(3) All rules made under this section shall, as soon as may be after they are
made be laid before each Hous e of the State Legislature, while it is in session,
for a total period of thirty days which may be comprised in its one session, or in
two or more successive sessions and shall, unless some later date is appointed,
take effect from the date of their public ation in the Gazette subject to such
modifications or annulment as the Houses of the Legislature may during the
said period agree to make, so however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done
thereunder.