Haryana act 009 of 1971 : Haryana Prevention of Beggary Act, 1971

-

58

U970: Haryana Act 30

(d) the manner in which and the rate at which t'ils a,d faxes shall be imposed, assessed and collected ;

(e) the rnanner in which, the fee on payment of which and the authority by which sare certificates shail be issued under section 9 ;

(l) the form and manner in which, the payment of fee on which and the authority by which licences referred to in sub-section (2) of section 10 shall be issued ;

(g) the manner in which and the fee on payment of which the Deputy Commissioner shall revise an order of suspension or cancellation of a broker's licence under sub-section (5)of section l0;

(h) the manner in which distress and sare of animars for movable property shall be made under sub_section (2/ of section l5 ;

(i) the manner in which the Cattle Fair Fund shall be constituted and operated in each district and matters connected with the proper aclministration.of such Fund;

(/ sanitation and control of diseases in fair area ; and

(k) any other purpose for which rules are required to be or may be made.

(3) Every rule made under this section shall be laid as soon as may be after it is made before the House of the state Legislature while it is in session for a total period of ten clays which may be Jomprised in one session or in two successive sessions ; and if before the expiry of the session in which it is laid or the session immediately following, the House agrees in making any modification in the,rure or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without

prejudice to the validity of anything previously done under that rule.

23. The provisions of this Act shail have effect notwithstanding anything inconsistent therewith contained in an1, other law for the time

CATTLE FAIRS

Act to

override

other las,s 7971 z Haryana Act 9J pREVENTToN oF BEGGARy

59

THE HARYANA PREVENTION OF BEGGARY

ACT, I97I

Tearr or,CoNrrNrs Sections !

l. Short title , extent and commencement.

2. Definirions.

3. Power to rrrrest.

4. Summary inquiry before detention.

5. Penalty for begging after detention.

6. Power of Court to detain dependents,

7. Report of Medical Officer before committal,

8. Punishment for escape from Certified Institution.

9. Penalt-v for employing persons for begging. i0. Bonds.

I L Appeal.

12. Power to release.

13. Reception Centres.

14. Certified Institutions.

15. Search in Reception centres and certified Institutions.

16. Management and discipline.

17. Disciplinary imprisonmenr.

18. Appointment of chief Inspector and other authorities.

19. Transfer from one Reception Centre or Certified Institution to another.

20. Release on licence.

21. Revocation of licence. Page

60

Sections :

23.

24.

25,.

26.

27.

28.

29.

30.

31.

32.

PREVENTION OF BEGGARY

U97l: Haryana Act 9 Page

Medical Examination and detention of leprosy patients and lunatics.

Transfer between Certi flied Institutions. Seizure and disposal of animals. Offences to be cognizable and non-bailable. Per.sons to be deemed public servants. Visiting Committee,

Advisory Committee.

Protection of action taken under this Act. Power to make rules.

Removal of difficulties.

l97l z [naryana A.ct 9] PREVENI'ION OF BECGARY '.THI, HAYr\NA P}TEVEI{TION OF BIIGGAI{. Y AC]', i 97 1 (HRRvarua Ac.r l{o. 9 or l97l)

llleceived^the asser$ o.f the (]ovenutr oJ' Ilarytanu otx the .lSth of Marc'h, 197.1 anr! lirst publisheel in the. Ilalyantr (i ci, e rnment G azette ( Extrnorditrury ),

AN

ACT

to provide for th,e preventiott of be gging, d.etention, training artd enryiloyrneli r;.1'beggat's and the.ir deyte.nclents irt Certified Institution cintl the ci.tstotly, triul utd punishnrcru aJ'beggar oJfenders.

BE it enacted by the l-egislature of the State ol' llaryana in the Twenty-second Year of the Republic of India, as follows :.--'

1. (1) T'tris Act may be called the Hayana Pi'evention of Beggary Act, 197I.

(2) lt extends to the rvhole of the State of Flaryana.

(3) ltshall corne into force in any areaof the State, on such date or dates as the State Govetnment may by notification appoint in this behalf for thilt area.

2. In this Act, unless the context othewise requires^:---

(a) "beggitr" means any person who is found begging ;^' 6r

Short titlc,

extent^and

commence-

ment.

of tu{a.rclt 18, 197I l

I ) -t 4

Year ^No.Shtirt title Whethor repealed crr otherwise aflected by Legislation

191 t ^c)

The Flaryana Prevetrtir:u of 13eggary

Act,197l

Amended by llaryana Act2l of 19752 l. For statemcnt <>f Objects and Reasons, .sec Haryana (i

62

pREVENuoN oF BEGGARv L1,971 ; [Iaryana Act⁹

(b) "beggtng" rr,eans-*

(i) soliciting or receiving alnrs in^a irutrlic lrlacc whettrer or nct under any pletence, such as singitig, dancing, fonune-tel'ling. perfor:ning rncks or selling attiules^:

(i i.) having no visible means of subsistence and wandcring about or remainipg in any public pizice in such condition or manner as nrakes it likely that the person doing^so exists by solicitrng cr receiving ahns ; (iirJ entering on any privaie premises fbr the purpose of soliciting orreceiving alms ;

(lv) exposing or exhibiting, with the object o1'obtaining or extotting alms, any sore, wound, injury, def'ormity or disease whether of a human being or of an animal ; or (v/ allowing oneself to be used as an exhibit for the purpose of soliciting orreceiving alms ;

but does not include sr"rlicitiug r:r receiving money or foori or gifts for a purpsoe autliorised by any law, or authorised in^the manner prescribed ;

(c) "Certified lnstituiion" n'leans any institution which the State Covernmetrt ptovides anc! maintains fbr the detention, training anrl employrnent of Lreggars and their dependents and inch"rdes a Cetitled llome ancl Special Horne ;

(d) "Certified Home" means a home certilied hy the State Govcmment or by nny sulxrrdinate autltority empowered Lry it in this belialf to be a tit place for the reception and detention of beggars, suffering frorn leprosy or any other inf'ectiorls or contagious disease notified in this behalf by the State. Gtlvernment;

ie) "Chief Inspector" means the person appointed to be^the Chief inspector of Ceftified Institutions under section I 8 ; 1971 z f,laryana Act 9l PREVllNrloN oF BEGCARY 63 (g)..Court,'meanstlrecourtofaJudiciall\llagistrateofany class exercising crimiiral,iurisdiction in the area in which {h) "Gtarc}ian" flteans a person r'vho looks :ttter or takes care of a chiid in thc absence of, or in the evcnt of the death of his Parents ,

(i) ,,imprisoflmDnt" rneans ngorous or simpic imprisorrrnetrt as described in section 53 of the Indian Penal Code, 1860 (XI-V of 1860) ;

(.f) "Parent" means the father or^the mother of a child ;

(k) "Police Ofiicer" means a police officer not below^the rartk of an Assistant Sub-Inspector ;

(/) "prescribed" means prescribecl by rules made under this .^Acri

(m) "Prabation Officer" rneans an officer appointed to be a Probatiou Officer under section^{18 ;}

(D) ..pubiic place" means ;rncl inclrrcles iiny piace or precincts thereof to which for the time being the public have or are petrrritted to have arl access, whether on payment or otherwise anrJ irrcludes a passenger bus artd a railway cornPartmeht ;

(o) "Reception Centre" means an institution^for tlre rcceptlol] and ternporary detention of beggars prbvided hy^ttre State Governrnent, or certifiecl to be such r'indet' ,r, Ilil;ol'**"" rleans a home notitled t'v rt'" st't* Govcrnrnent as suitable for the reception and detention of beggars. nclt physically capable of doing manual iabour but not suffering tiorn leprosy or any other infectious or contagious disease; and I I

(q) ,.superintendent'i means a superintendent of a Reception Centre or a Certified Institution' as the case rnay^be' i

i

Summary inquiry before detenti0n. 64 pRirvENTroN o[: BECTcARy UgT l: Haryana Act g Provicled that no perso* iouncl begging on any premises. not being a public place shall he so an'ested or shali be Iiahle to any proceeclings uncer this Act except on a compraint rnade by thc oc,cirpier or suih Pretnises.

(2) such Porice officer or other person shall take or sencl rhe ..Frerson so arrested to the nearest police station :

Provided that the other prerson may h.antl h.im over to a Folice officer if he finds it convenient.

(3) 'The provisions of '[section 57 of the code of criminar Frocedure, 1973) shall apply to arrest mad.e under this section and the officer-in-charye of ',he pclice sta'iion shall cause the a-rrested person to be kei:t in the prescriLred manner untir he is brought before a court. 4.⁽ⁱ I where a person is brought before a court under sectio, -?, the court shali make a sumrnary inquiry in the prescribed rnanner as regards the allegation thar he was founcl begging,

(2) if the inquiry referred to in sub-section //) cannot be conrpleted lbrthi,vith, r.he court may adjourn it from tirne to tirne ancl order the person to be remaniled tc such prace and custociy as nlay be convenient or i:elease him on a bail bond, rvith or without sureties. (:i) If on making the inquiry rei'erred to in sub-secrion (1), rrie court is not satisfied that the person was founcl begging it shall order that such person be released forthwith.

(1) rf 'on making the inquiry referred to irr sub-section (1), the court is satisfii,:d,rthat such person was fountJ beggirrg it shall record a fincling that the person is a beggar ancr convict him acclrdingty.

(-5) The court shall order the person convrcted under sub-

section (4) to be detained in a certified Institurtion in accordance with

the provisions of section^'7 fbr a period of not less than one year and

not more than two years ;

Provided that if the court is satisfied from the t:ircumstances of

the case that such person is not likely to beg again, it rnay release him

after due admonition on ii l'rond for his abstaining from hegging, being

executed with or without suretics, as thc court may require, by thc

beggar or any other person whom the court co,sicrers suitat:le :

Provided l'urther that il'the Lreggar is a minor, the Lronci shall he

\971 z lfanyann Act 9l pREVrjNrroN oF nECCAny

(5J ln passing an order under thrs secri,f,n, the coun shall

have regard to tlie follcru,,ing r:onsiclerations :---

(a) tha age and cha'acter ol' the beggar ;

(b) thecircumstances anci c:onditions in which the beggar is living;

repor,t, if any, made by the Pr.otration Of{'rcer ; ancl such other matiers as mAy, in the opinion of the court, requirc to be taken into consideration in the interest of, the beggar.

(v) The repolt of the Probati.n Gfticer or any other repr,rt considered by the court shall he treated as confldentiai :

I'rovided that if such repoft relates to the character, health or contluct of', or the circumsrances and conditions in r,virich the beggar is living, the court may if it thinks expedient so to do comrnunicate the suhstance thereof'to the beggar or, if the beggar is clepenrlent tc his parenrs or guardian, if any. andmay give the beggarorthe parent orguardian, as rhe case nlay be, an opportunity of producing eviclence which may be relevant to the mrlttel's stated in the rcpoft.

(8) A copy of the order made under sub-section (.i/ shall be sent fbrthwith by the court to the Chief Inspector.

(9) Norwithstanding anything containeci in this section, when \the person founcl to be a beggar as aforesaicl is a chil

5' (/l Whoever having been"previousiy cletained.rn a Certified penatty Institution ltt accr:rdance with the provisions of section 4 is founcl begging begging again shall on conviction be punishaLrle as is hercirrafter dertenti

(2,) when a person is convictecl fbr'thc sccond timc tlrc c.urt shall order him to be cletained in a Certiflecl Institution for a period not less

65

(c) kr)

I

4

Power of c0rrrt^t() dstain

dependents. Il.eport ol' Medical

Oflicer before committal. 66 pRi.ivEN'r'roN oF BEGcAIIv [1971 : llaryana rtct 9

(3) When a pel'son is con',ricted fbr the ttrirJ or subsequent tirne, the ctiurt shall ordel hirrr to be detaineci l-ot'a period of tive )'eilI-s in the Clertified Institution and tnay cr:nvert any peiod of such detention, noi e:xceeciing one year, into a sentence ol'imprisonnlent^:

Provided that the total period of deterition and irnprisonrnent, if any, shall n0i exceed five years.

(t. (1) When thr: c:clurt has orclered tlre cletention of a tr:eggar in a Certii'iecl Instittrtion under seciion⁴or section 5, it ,'nay after rnaking^such inrlurry as it thinks [it. order aily person^who is wholiy :

Providecl that befr.rre sucl-r an order is macie such depenCent or his parents or guar'dian, if any,^as the case may be, shall be giveri an opportunity of showing cause why it shor"rld not be made.

(2) Where the dependent person is a child above the age of five years,^ihe couri shall forward him to'[a Board constituted uncier section 3 of the l:Iaryana Children r\ct" 1974, for being dealt with under that Act.j

7.⁽¹⁾ 'l-he court which finds a person t he is suff'ering from tiny infectious or contagious disease.

(2) It the rnerJical officer certifies that the said person is^not ii child, is physicaily capable of ordinary manual labour and is^not suffering from any infectious or contagi

(4) It the medicai officer reports thar the said person is sul'fbring frorn any infcctious or contagious disease, the court shall pzlss a sentence lbr c6nlmittel of such person io a Certified Hqme. 19V I : [Ian1'ana Act 9] PREVUNI'ION OF BE]CGARY

8. Whoever escapes, from a Certified Institution to lvhich he has been committed cn conviction lrnrler the provisions of this Aat betore the expiry of tlre period fbr which he ha..i becn cornmitied, shall be punishalrle with iinprisonrnent which may extend to tlrrce mrNrths. 9" Whoever employs or causes any persori ttl solicit r)r receivc aims, or vrhoever traving the custody, charge or care of a child, connives a[ cr encourages the errrployment cr the causing of a chilel to solicit or receive alrns or whoever uses another person as an exhibit for the purpose of begging, shall on ctxviction be pr"urished with imprisonrnent for a term whiclr rn;ry extend to three years br:t r.vhich shall not be less than^one ycar.

10.^The provisions r:f r[Chapter XXXTTI of the Corle of Criminal Procedure, 19737, shall^so far^as may be, apply to bonds taken under this^Act.

11. An appeal or revision shall lie as providecl in 1[Chapters XXIX ancl XXX of i.he Code of Criminal Ptocedure . 19731, from any crder of detention made under this Aci. The lieriod rif detention shall tre deemed to be a scntence of imprisorlment for the same 1rcriod. 12" If the State Governrnent at $ny tirne, of its own motion or on application made to it, is satisfied that a person convicteci under section

5

PREVENTION OF I]ECGARY

[197] : flaryana Act 9 Ssarch in

ReceJrtion

Centres and

Certif ied

Institutions.

Ivlanagement

aricl

disciplinc.

Disciplinary

imprisr.in,

ment.

Appointrncnt

<.lf Chief

Insprector

and othcr.

authorities.

(2) F.v"cry certified Institi-rtion and Reception cer:trc shall be under the clrarqe ,:f a Superintenclent.

15. The superintendent of a Receptio,r centre or a Cerrified Institution may order that any pcr.on receive$ in rhe Rectrptio' ce*tre or ce.rified Instit*tir>n shall be searchetl, cleansed, that his glersonai etfbcis shall be inspecfed, and that airy money r:r valuables f.ound with or on the saicl person shall be kept in the custociy of sur:h supe.dnrendent, and tha.t any eff-ects other tlran money or valuahles so furur.rd shall bc dispr.rsecl of in the prescribed *onn"r. where an order of cietention is passecl by the couft against any such person, the superintencrent may order that any money or ,6rssf1"s founcl with or oii tt'," said person shall be disposed of in the prescribed manner. where the court passes an order other than an order of detention r,vith regard to any such person. his money and vaiuables shall be rerurned ,o iii* ana ir his c'iothing has been ciestroyecr,. he shalr be pr'vicred with fresh crothing. The expenses clf providing such clothing shall bc borne

^hy

the state

Goven'lment :

Provideci that a femare shail be searched onry by a femare witrr due clecency.

16. Persons remantlecr to, o. cretained in, Receptio^ centr.es and Certified Insritritions unrler this Act shall be subjeci to such rules of managernent and discipline including the inrposition of marrual or other work and awarding r:f, punishment as may, from time to time, be prescribed

17" Without pre.judice ro any

taken uncle' the section irnmecliatery preceding, the chief Inspector,

the Inspectoror superintendent may rcport to the court the case of any

person detained in a certifieri Instit*tiorr ,,vho wilfuHy disobeys or

neglects to i,,mply witrr any rure refen.ecr to in that section ; and the court may thereupon, if satified that the said person has wirfuriii disolicyed or neglected to compry with ,ny ,u*h rure, convert the

balance of'the pericirJ of his detention in a certified Institution or parr

therecf into a term oi, imprisonment.

18. (l) Fcir ca.rying our the purposes of this Act the sratc Governrnent may appoint a crrief Inspector of certificcl rnstitutions, Inspectors and such number of A,ssisiant Inspecr.'rs anci probati.rr officers as it thinks fit tc assist the chief Insilector, ancr every person so appointed to assist the Chiel Inspector shall havc the nowers rnrt \971 z Haryana A,ct 9l pREVEN,r"roN oF IEGCARy

covcrnrnent may crircct, bilt sharr nct under the directions oi. the ChiefInspector.

(2) Every certitred Instituti,, shar, at least once in every six months, be inspected Lry rhe Chief Inspector. 19" (1) subjecr.to c.onditions prescdberi, the crriet Inspeotor may direct an)'persorl aetained in a Receprion centre o. c..iiri*or Instit,rionro be transt'erred therefiorn to another Receptio, Centre or crertifrecr Institution in the state : LUrrL L Provided tirat the totar period of cretention of sucri person shail in no case be incrcasecl by such transfer,.

.{.2) rn directing such rransfer the Chief trnspector sha, haveregard to the medicar cerlificate and the (r ) subjecr ro such cond.itions as may be prescribed_

(a) rhe C^hief Inspector or the SLrperintenr.lent of the ccrtified Institution rnay ar an-v time grant permissi*n to a person deiainecr in a certifiecl Insirtution to airsent hirnself for short periocls ; ancl

(b) the Chief Inspector rna_y at any time release such person conditionary arid issue hini a !icence therefirr.

(2) Any such ricence shai! be in force untir the expiry of the term for which the person was ordered to be dekineJ iri a crertified Institution, unless sooner revr:ked. 'i'ransf e

fl'c,m cir

Recepti

(lentre r.

Clcriifie,

trnstituti

arrother.

Release

licence"

(.3) The penod cruring which such person is atrsent from *Certified Institnrion by pernrisJion or by ricence as aforesaid, shar, for the purpose r-if computing his term .,f detention in a Certifie.lnstitution, he cleeniecJ t.,-t* p,i*t of fris rletention. 21"⁽ I ) subject to sirch conclitions as fflay be prescribeci, the Chief Revrca Inspector rnaY at any tinte rcvokc licence issuetl unrier secti()n 20, encl 0l'ticcnr thereupon the r"ereasccr person shail rre Jetuined in a certified Institutionuntil the expiry of the term for which he had been orderca to ue aetainecr. . \ ir n*."*,oli] i:::T:T3:::'ii:,.::li:l,he chief rnspecror rnav,

-

I

I

I

I

I

I

l

I

I

l

1

I

I

j

I

6

- i Proced ure cin r>t'cier o1' iletention^r-rr sentence of imprison-

ment.

Medical

Examination anci deten- tion of^'

ieprosy paticnts and lunatsics. PREVUNTTON oF BEGCARY u971: Flar.yana Act 9 22.^{( I} ) Suhlect to rlre p{'ovisions of sub-section (2) when a person has been orclered to be cletainecl in a Cerlif ieci lnstitution under sectioil 4, section 5 ol section 6, the cou'rt r,vlrich orclered the cletention strall for-thrvith forward him to the'nearest Reception centle with a copy of tlrc order of detenticn. 'fhe person shall thereupon bi: handeri over to thc custody of the Superintendent of the Receiition Cerrtre and shall be tletained in tire Reception Clentre until he is sent therefrom to a Certifie

(2,) \Yhen any such person has also been sentenced to

imilrisonrnent uncler sub-seition (3) ot -section 5, or section 17, the cor.n1 passrng the sentencc of irnprisonmernt shall forthwith forwarcl a walrani to a.iail in vrhich ire is to be confined and shall forrvard him tir such.jail with the warrant together with a copy of the order of detention. After the sentence of imi:risonment is fully executed, the officer executing it shall, if detention in a certified trnstitution for any periori remains to be undergone hy suchr person, fbrwarcl hirn fbrthwith together rvith a copy cf the order of detention to the neal'sst Reception centre, and thereupon the provisions of sub-section (.1) shali apply.

(J) In computing the period for which a per-son is orderecl to bc deiainsd in a Certifled Institr-ition there shali be included the period fbr which he is detained in a rteception centre uncer tiris section. 23.^{( I} ) Where it appears to the State Government that any treggar dr:tarned in a certified Institution under any orcler of a court is of unsound nrind cr is a leper, the Stirte Governntent nlay hy an3, orcler sr:tting forth the grounds of beliel'that the Lreggar is of unsound mincl or" a leper order his remr:val to a mental hospital or leper asylum or other piace of safe custody, there to be kept anri treated as State (iovernment drrects during the remainder of the term for which he has lreen orderecl to be detained or ,if on the expiration of that term it is certified by a rnedical officer that it is necessary for the saf'ety of the beggar or of others that tie shouicl lre further detained uncler medical care or treatment, lre srhould be detained untrl he is clischarged according to liirv.

(2) V/here it appcars to the State Covcrnment that the beggar has ceased to be of unsound nrind, or is cured of leprosy, the State Gr:vernmenl. shali, il'he is no longer lialrle to be kept in <;ustody, order hirn to be dischargeci. In case the beggar is srill liable to be kept in 1971 z Haryana Act 9I PRE,VEN'I'ION fJF BTIGCAR Y i I

(3) The provisions of section 3l of the Indian .[-unacy Act, 1912, and the provisions t>f section 14 of the i,epers .A.ct, 1898, shall appl'/ to every beggar confined in a menfal hosprtal or lepc:r asylum under:rub-section (l) after the expiration of the periori ftlr which he was orderecl to be de'rained ; and tire 'rime during which a beggar is coriflned in a mental hospital or lcper asylum under ihat sub-section shall be reckoned as part crf'the: period for which he may have^been ordererl by the Court to be dctained^:

Provided that where ihe rernoval of a lrcggar due to unsoundness af mind or leprosy is immediately necessary, it shall be open to ttre authorities of the institution in rvhich the beggar is detained to apply to ir couft having jurisriiction under the ,lndian Lunacy Act, 1912, or^t]re Lepers Act, 1898, as the case m&y be, for an immediate order of his conimittal to a rl"entai hospital or a leper asylum"

24. (1) The State Government iliay direct any person detained in a Certified Institution to be transferred thercfrom to any [nstitution of a like nature in any other part of India in respcct of which provision similar to that in the State of Haryana is made by the State Govemment , of that part under any lawⁱⁿ force therein^:

Pnrvided that no rlerson shall be transferr*d unrler this section to any other State without the consent of the Government

(2) The State (iovernment rnay, in consultation with the Superintendent of any Cenifiecl Institution consent to the f.ransfer to that Instjtution of afly person in respect of whom an orr"ler clf detention Iras been rnade by a competent authorit,v in any other part of trndia of the nature of an order made under this Act directing him to be detained in a Certified Institution or Institution of a like nature and upon such transfer the provisions of this Act shall apply to such persons. 25.^{( I} ) Any Police Officer or othei person effecting, under sub- Seizure section (1) of sectioll 3, the arrest of a person who was f'ound i:egging disposal may serze any animal the sore, wouncl, injury, deforrnity or disease of anirnals rvhich was exposed or exhihited by such person with the object of soliciting or rcceivirtg aims,

(2) The Police Officer or other person ettbcting the seizurc may remove sr,rch animal to any inl'irrnary appointed under section³⁵ ur$ tL^ Dravanri^* ,,T /a-',^1r,, +,r A ".i*.,1. A ^r I QO/"l fnr rlatanlir.n ihefpin Transfe,

between

Certifie<

Institutir

.LId,-,\

7

73 72

1971t Haryana Act 9I PREVENTION OF BEGGARY pRuvENTroN orr BECGARv Ll,911l : flaryana Act 9 Provided that the olher person may hancl over the seized animal to a Polic:e Ollltrer if Lre f!nCs it ccrnvenicnt..

(.1) 'rhe court befbrc rvhich tire pcrson fougld tlegging is brought may ciiret:t that the atrimatr shall be treaterl arr,l carecl fbr in su.ch inf irrniry until it is fit for discharge or rhat it shall be sent to a pinjrapole, or if the veterinary officer incharge of the area in which tlie animal is f"oirnci or sucli other veterinarli officei" ils has been authoriseci by the rules rnacie undersection I5r:f thePrerrentionol'crueltytoAnirnalsAct, lgg0.certifies that it is incurable or oannot be removed r,vithout cruclty, that it shall be destroyed ; andthe Court ntay a.lso orderthat alierrelease from lhe intirmary thc animal rnay be confiscated.

(4) t\n anrmal sent f

26.'The ofl'ences under sections 5 and 9 of this Act shall be cognizable and non-bai lable.

27- Lllpersons empowered to perfornr any furrction underthis Act shall be deemed ro tre public servants within rhe meaning of the Indiarr Penal Code, 1860 (XLV of i860).

28. For every certified Institution, tire state ciovernrnent shali appoint a Visiting commitfee in such manner as may be prescribed an,l assign such pou,ers, duties and ftrnctions to the comrnittee as may be prescribecl.

29. (t) The sta-te Government may.tbr the whole or any part,f the state, constrtute an Advisory cornmittee consisting of such persons, not exceeding eleverr in nurnber, as it rnay appoint:

Provided ihat, where a local authority has agreecl to rencler such fina-ncial assistance as the state Government may consicier proper in i

I OtTences ro

be ct.rgni-

zahle iirrd

n

Persons to

be deemed

public

servants.

Visitirrg

Committee.

Advisory

Committee.

detained, the state,covemment shail appoint such numbcr of persons as it deems fit on the Advisory commiitle for such *u ."pr"l"r*;the local author,,ty.

(2) The Advisory committee constituted under sub-section ( I ) in any area, or any member thereof, may visit at alr reasonabre times any Certified Institution, in which ueggars from that area are cietaine

(3) The Advisory Committee may also,_

(u) tender advice as rega.ds management to any certified

. Institution through the chief Inspector or such other officer as the State Government may specify ;

(b) cofiect subseriptions towards the reeurring as weil as non-recurring expenses of any or all certified Institutions within the local area or one in which beggars from that area are detained, and disburse the collections in ihe prescribed manner ;

(c,) advise the state Government, through the chief Inspector, as regards the certificalion of any institution as a certified Institution or the decertification of any certified Institution within the area; and^,

(d) advise,h" srur" Government generally on the working of this Act in rhar area ano p-articutarty on any poinr. referred to it by the Chief Inspectoi or any other officer specified by the State Government. 30' No suit, prosecution or other legar proceedings shail lieagainst any person empowered to perform any functio, un,r., tiris Act for anything which is in good faith done or intended to be done under this Act. 31,.⁽ 1) The state Government may, by notificatio. ancr subject to the condition of previous publication make rures for carrying outthe purposes of this Act.

(2) In particular; and without prejudice to the generality ofthe foregoing power, such rules may provide for,_ Prcrteciion of

8

74 eREVENTToN oF BEGGARv U97l: Harya4a Act 9

(b) the manner of keeping persons arresreci or, animais seized under sub-section ( I ) of section 3 or sub- section (1) of sectiorr 25, respectively ; l97l : Haryana Act 9l pREVENTToN oF BECGARv 15

(o) tne manner of appointing a visiring Commirree under section 2g and the powers, duties and functions ihereof ;

(p) theappointment of visiting and Advisory Committees and assignment of powers, duties and functions of such committees;and

( q) any other maiter rvhieh ha.s io be or may Lre preseribed. (3/ Any rule made under this section may provide that a contravention thereof shall be punishable with imprisonrnent which may extend to one month, or with fine which may eitcnd to one thousand rupees, or with both.

(1) Every rule maile iinder iliis seciiori siiall be iaiil as soon as may be after it is made before the state Legislature while it is in session for a total period of ten da-ys, which may be compnsed in one session or in two or more successive sessions, and if, betore the expiry of the session in which it is so laid or the suecessive sessions aforesaiel, the House agrees in making any modification in the rule or the House agrees that the rule should not be rnade, the rule shall thereafter have effect only in such modified form or to be of no effect, as the case may be ; so however, that any such modification. or annulment shall be without prejudice to the validity of anything previously done under the rule.

32. rt any difficulty arises in giving effect ro rhe provisions of this Act, the State Governmenr may by order published in the official Gazette make such provision or give such direction as appears to it to be necessary for removing such difficuity,

(e)

14\ v/

/o\\6/

(c)

(dl

(h)

(j)

(k)

(i)

(m)

(n)

the manner of making summary inquiry under sub-

section (l) of section 4 ;

the manner in which and the place at which the persons sentenceri under sectioir 5 and seciioi-r 17 shall ser.;c theirperiods of imprisonment ;

the manner of medical examination of beggars ;

ihe manner in which the effects and the mcnei, an,J valuables referred to in section i5 shall be disposed of;

the rnanagement of Certified In-stitutions, tfo A"t*rtio, of perSons eommitted to them and the maintenance. care, treatment andinstructions of such perspns inciuding ail matters relating to their labour and general conduct ; the management and discipline of, persons detained in a Reception Centre or Certified trnstiqution including the imposition of manual or other, work and the

awarding of punishment for breach of any rule made underthis clause; .

the powers and duties of the officers appointed under section l8 ;

the conditions subject to which the Chief Inspector may direct transfers under section 19 ;

the conditions subject to which a person may be released on licence under section 20 ;

the conditions subject to wilcn a ircence may be revokeci under section 2l ;

the discharge of persons from Certified Institutions ; the nature, incidents and maxirnum periods of the punishment to be imposed on persons detained in

Certified Institutions for breach of any ruleq qr for failure

(i) Removal of difficulties.

7