Bihar act 001 of 1952 : The Bihar prevention of Beggary Act, 1951

Bihar prevention of

Beggary Act,

195111

Contents

1 Short title. We"t and

°°mme"°e' ment.

nce under

this

Act.

4 Power to

require

persons

found '

begging ^to

appear before Court.

5 Summary inquiry in

respect

of persons

found

begging and their Detention. a

Penalty

for

begging

after

detention asbeggar.

7.

Report

of medical officer before committal.

8.

10.

11.

12.

13.

[23

January, 1952 Punishment for

escape

from Worl House, Special

Home or

Certifiet Horne.

Release of a

person sentencet under Section 5 or

6

and committe to a Work

House.

Special

Home ( Certified

Home. Notification of^Work

House.

Speci; and Certified

Home. Fund. Rule-making

power. Savings. An

Act to check

begging

and reclaim

children

accompanying

beggars ar

ke

them

useful

citizens; Whereas it is

expedient

to check

begging ^arereclaim

children accompanyii Jgars and

make them

useful

citizens; It is

hereby

enacted as follows:— 1- short

title,

extent and commencement—(1

)

This Act

may tar

Prevention of

Beggary

Act.

1951

-

(2) ^It

extends to

the whole of the State of Bihar- ue(3) ^'1

Shall^{come into}force^insuch

areas^{and n9} SUCh

G"eminent may,

by

notification, ^{fromtime to} time.

8P

Ver \"mem may ⁱⁿ

like manner withdraw ^orreSCin publish

and re

ed

in

the Bihar

Gazette,

dated

the 23rd

January. 1952- ^For be called

tl date ^ordates as

H

point ^{and the} Sta

d such notification. Statement ^of

Objel

""15. see

the

Bihar

Gazette, 1948, ^Pt.v., at

p- 231-

In this Act. unless there iS

anything

'epugnam ^{'" the}

5"bitter 2, Definitions-— or coniGXi-

.

.. __ u

eans

.

(a)

ffgggring'ig

alms

in

a

public

place

or

In or about a

temple. mosque 0, l '

orshi .whether ^ornot

underany

pretence 231::Sgcggizg?lga:cing,pfortune-telling.

performing tricks^0,

..

selling

32:53,

private premises

for the

purpose

.of'soliciting alr'ns;(H)

entering hibiting ^withthe

object ^of

obtaining ^or

extoring(iii)

9:225:33?

wound: injury, deformity

or disease

whether of aa , I in ^orananimal;

.

(iv) 22:17:;

::

vigsible

means^of

subsistence ^and

wandering

about^or remaining ^{in any}public place ^orIn

.a'

temple, mosque or

other

place ^of

public

worship ^insuchcondition

or manner

as makes it likely ^thatthe

person doing ^soexists

by

solucrting

aims,

(v) allowing

himself^{tobeused asan}

exhibit ^forthe

purpose ^of soliciting

aims, ^butdoesnotinclude

soliciting

money ^or

food ^or gifts ^fora

purpose

authorised

by any ^laworauthorised^{in the} prescribed

manner

by ^the

District

Magistrate ^or

by ^theState Government:

Provided that the

State

Government may,

by general

or special order,

direct^that

'begging"

shall not

include

soliciting

alms in or

about

any

temple

or

mosque

or

any other

place

under

such terms and

conditions and on

such

occasions as

may

be

specified in the

order; (b)

"Certified Home" means a

home certified

by

the

State

Government or by any subordinate

authority empowered

by

it in

this

behalf to

be a

fit place ^{for the}

reception

of

beggars

suffering

from

leprosy

or

any

other infections or

contagious

disease notified in

this behalf

by

the

State Government;

(e) "Juvenile Cour!" means a

Court em 0 the

Fleformatory School p wered

b or

under '

s

Act, 1897;

Y

Section 8 of ribed"

/

2

s ^as 3—5] Bihar Prevention

of

Beggary

Act,

1951 l

W

e ^. includes ^anyopenspace ^towhich^forthetime

being ^the

public ^lib fl: '4

are

permitted

to have ^an

access. whether^on

payment ^or

otherwiw; (i)

"Helormatory school"

means^aschool established and maintained

h/ the State Government

under the

Relormatory

Schools

Act, 1897; 0-) special

Home"means a home notified

by

the

State

Government,

as suitable ^forthe

reception ^of

beggars, ^not

physically capable ^of

ordinary manual

labour. ^butnot

suffering ^from

leprosy ^{or any}other infectious ^or contagious

disease^andchildren

below ^{the age often}

years ^whoare committed ^{to a}

Special ^Homeunder^anyofthe

provisions ^{ofthis Act;} and

l,

(k)

"Work House"

means a

place

notified

by

the State Government as suitable ^forthe

receiption ^of

beggars, physically

capable ^of

ordinary manual

labour, ^whoarecommitted^{to aWork}House under^anyofthe provisions ^ofthisAct.

3.

Begging ^anoffence under^thisAct.—lf any person ^isfound

begging

within an area to which this

Act

applies,

he shall be

guilty

of an offence under

this Act.

4. Power^to

require

persons

found

begging ^to

appear

before

Court—(1) Any police

officer ^orother person authorised ^inthisbehalf

by ^the District

Magistrate may arrest without ^awarrant

any person

who is found

begging:

Provided ^{that no}

person entering ^on

any private premises ^forthepurpose of soliciting ^aimsshall ^{be so}arrested ^orshall^beliable ^{to any}proceedings under this

Act

except

upon

a

complaint

of

the

occupier

of the

premises. The

provisions

of Section

61 of

the Code

of Criminal

Procedure, 1898*. shall

apply ^to

every

arrest under^this

section, ^{and the}

officer-in—charge of the

police- slation shall cause the arrested person ^tobe

kept

in

prescribed

manner until

he^can be

brought

before a Court.

5.

Summary Inquiry ^In

respect ^of

persons

found

begglng and their Detention—(1)

Where ^a

person ^is

brought

before^the

Court under Section ^{4, the} Court shall make a

summary inquiry ^inthe

prescribed

manner^as

regards the

allegation ^that

he was found

begging. '

(2) ^{If the}

inquiry

referred ^toinsub-section

(1)

cannot^be

completed forthwith, l

"'9

Court may

adjourn

it from time

to time and order the

person to be remanded

to '

sum

place and

custody

as

may be convenient. s

--

.(3)

".

0n

making

the

inquiry

referred

to sub-section

(1

),

the Court is not

a"Shed that the person

was found

begglng,

it shall

order ^that such person ^be released forthwith.

(4) H. ^on

making

the

Inquiry

referred ^toInsub-section ⁽¹⁾ the Court

is satisfied a

it

sue" Person^wasfound

begglng,

it shall record ^adeclaration

that the person is Dre:99". ^TheCourt shall ^alsodetermine after

making ^an

inquiry

In the manner er

9"b9d

whether^the

person ^{wasborn inthe}State^of

Blhar^and

ordinarily

resrdes Ordeal"

and'shall

include^the

findings ^inthedeclaration.The Court

shall^makefurther ras IS In

this section hereinafter

provided. to

be

5131'."

Court

shall order^the

person declared as

beggar

under

sub-section

(4)

\'

arned^In

aWork

House,

Special ^Homeor, as the

case

may be.

In a

Certified

NOW 1973

(ll

of

1974)

r

"W nce wit" ^"'"

circumstances UI ^{u Iv W""M "w} a rS- ,

ein accordⁿ

III/93W:

is satisfied the

I aga'n

It

"lay Ielease u e 'on (4

is not "kely

[:

I I

ub.seCU '

bstaining

from

begging

and the beggars a

.

a" dad

dmonition on bond

fgrwith

or without

suretles, as the

_Court

may 99'5 ^a

be.

9 execute whom

the Court consrders

surtable, n

'

when ^the

person declared ^as the age^{of five}

years, ^theCourt -

'

the

proceedings ub-sectron (5).

submit^..' beggaf

""'i':

Of making ^any

order [31:31

:vhich

may^{make such}

further

IanIry

_(.fa t

e

or orderfor

the

detention

of the Child 2"" ^asitmaythinkm and pa

'

'

'

ht have

passed

if

the child had been in ^aRelormatory 8 of

the Reformatory Schools ^Act,

1897. ^Forthe

. t -

b it under Section^.rto be onglgineyepfrgv

sub-section, ^theCourt^may..r"909553"

cause the

begga purp °

'

ed ^{b a}medical

officer.

.

exam: Pezalty ^for

begging

after detention ^asbeggar-—(1) Whoever

habvéng

been

previously

detained

in^a Work House,

Specral

Home ^or as the

case

may ll

,

Certified ^Homeinaccordance

with the

provision

5 ^IS

tound

begging s a on conviction ^be

punished ^asishereinafter ^inthis section

provrded. '

(2) ^{When a}

person ^isconvicted for the first time

under

sub-section

(1), the Court shall order him ^tobevdetained

in ^aWork

House,

Spectal Home ^orCertlfted Home, ^{asthecase may}be. ^{for notlessthan} three

years

and

not ^morethan

seven years and may

convert^anyperiod

of such detention not

exceeding ^one

yearinto ^a sentence ot

imprisonment extending

to^alike

period:

Provided that it the

Court, ^at

any time after the

passing

of the

sentence,

of

its own

motion or on

application,

is satisfied

that the

person sentenced under this sub- section is not

likely

to

beg again.

it may release the person after due

admonition on abond tor his

abstaining

from

begging

and

being

of

good

behaviour

being

executed with or

without

sureties,

as

the Court may require,

by

the person

or

any

other

person whom the

Court considers

suitable.

(3) ^Whena

person is

convicted

tor the

second '

.

or

subse u ^- section

(1),

the

Court shall order hi q ^em"meunder SUb

.

. _ rn

to

be

detained for ten

years

in a

Work

House acacia:

Homeor

Certitred

Home, ^{as thecase maybe, and may}

convert^{an ' d} suc7

detention not

exceeding

to a

like

period y PerlO .n

I

eport ^or

medical otflcer

before

committal.—(1 )

The

Court which finds a co

ol

begging

under

Sections 5 or

6

shall before nd

such ers use or a

Special Home or

a hospua, ^or

the ^.

P

on

lo

the

medical oft,

police hos it

' icer

Inchar e

on House. ^if

any

and call

forpaar' or

to

he medical ^0th 9 he local CIVII

59W

'

(2) ^If the

medical

officer certifies that the^saidperson is above^the

age of ^ten pic of ordinary manual labour and is

also not

suffering

from any infectiousa and ^cap-

d' ^asetheCourt shallⁱ -

.ous ^{ISe ,}

. n

Case

ofafirst offence a wigs; ^ofsuchperson ^{to aWork}

House. '

p

55 a sentence for co

{the medical

officer

reports that the said person is

below the

age of ten

or all

'

.

pmisicallv

incapable of'ordlnary manual

labour,

but is not

suffering

from any {:feclious ^orcontagious disease, ^theCourt

shall,

in case of a

first

offence pass

a

I

,

nience forcommittal of such person ^toa

Special

Home.

56

4) ^{if the} medical

officer

reports ^{that thesaid}person^is

suffering ^from

any us disease, the

Court shall ^{incase ofa}

first

offence. pass

a

sentence for al ^ofsuch

person to a Certified

Home, but,

if there is no

such

Certified e reception

of such person, the

Court may stop

further

inquiry

and infectio commltt Home

for 1h ieleaSG ^him- 3, Punishment ^for

escape from Work

House,

Special

Home or

Certified HomerWhoever

escapes

from a Work

House,

Special

Home or a Certified Home in which

he has been

committed ^on

conviction under the

provisions

of this Act before ^the

expiry of ^the

period

for which he has been

committed,

if he ^isofmorethan sixteenyears ^ofage, shall ^be

punished

with fine which

may

extend^{to one}hundred rupees ^orwith

imprisonment which may extend to three months:

Provided ^thatiftheperson^isbelow^{the age of}

sixteen, ^heshall ^be

punished with fine which may extend ^totwohundred rupees ^orwith

imprisonment

which may extend ^tosixmonths.

9.

Release^ofa

person

sentenced under Section^5or6andcommitted ^to Work

House,

Special

Home^orCertified

Home.—|f

the State

Government, ^at any time,

of its^ownmotion ^oron

application

is satisfied ^thata

person

convicted under

Section 5 or 6 and committed

to Work House ^ora

Special

Home ^oraCertified Home

has

been cured of a disease

or is ^inafitstate of health ^toearnhis

living ^oris otherwise ^{fitto be}

discharged

before ^the

expiry ^ofthe

period ^forwhich he has ^been -

mn'ied'

the State

Government

may, by

order direct that ^the

person ^sodetained speci":dreleased

subject to such restrictions and conditions,

if any, ^as

may be i In

the order. Gmgng-'et'lnotification ^ofWork

House,

Special ^andCertified

Home—The State

CErtified

Hornmay establish and maintain ^aWork

House, ^a

Specral

'Home

or a

declareby notjt5f_fctr.any area to which this Act

applies

or

may from ^timeto

time Dine

for the

$3353; hiuse as a Work House,

a

Spemal

Home

or a Certified IS c .

.

such

23th:;nd"(1)

For^the

purposes of this

Act,

there

shall ^be

established

by [unit which

S:

T ^may be

prescribed

for every local ^areatowhich the Act

applies, ^a fund

Shall,

sub?

be

called the Prevention of

Beggaw

Fund ^for

such ^area and ^that Government

lizct to

such

direction^{as may. fromtime} to

time,

be

giver?

by the State

(2)

Theire

sfadministered ^and

controlled ^by the

prescribed authority.

(a) a"

all

be

placed

to the credit

of the said fund—

.

SUmS

which may

be allotted

out of the Consolidated

Fund

of the State forthe purposes

of

W ations

or subSidies

received ^{from any}local

authorityon .

-

s. d . '

'

stitution; all contnbumn hilanthropic ⁱⁿ_ (b)

.

9:0:3:3;

Government ^{or any}subordinate

authorityum

W^IC

-

tthat ^{the sum} shall ^becredited ^tothefund.

..

direc The state GOVernment

may. by

notification,emp0

-

wer.—-(1) . - ' ' 12_.

Ru'e'trgtgirgii'tign ^of

previous PUbl'Cat'on' make Rule

for

carrying

Into and sublect ^to f this

Act. tthe

provisions ⁰.^..aflec

(2) ^In

particular and Without

prejudi rovide ^for— -

- ~

- i sum Want:

:ianner ^of

authorising ^a

purpose ^'0'Wh'Ch

5°"°'t'ng money ^{or food} or

gift

is

permissible

under sub-clause

(a) of Section

,2; is

.

(b) ^the

manner^of

keeping

person arrested

under

sub-sectlon

(2) ^o

ection 4;

_

.

(c) ^the

manner^of

making

summary inquiry

under

sub-section

(1) ^of Section ⁵and

the manner in which the

inquiry, ^as

regards

birth and residence,

shall^bemadeunder sub-section

(4) ^ofSection

5;

(d) ^the

management ^of

WorkHouses,

Special

Homes^andCertified

Homes, the detention of

persons committed to such House and

Homes,

and the

maintenance, care, treatment and

instruction

of such

persons including ^allmatters

relating ^totheir ^dietand

accommodation ^aswell as their

labour and

general conduct;

(e) ^the

determination ^ofthenumber of

officers and servants to

be

employed under this Act and their

salaries and

allowances,

and the

other conditions of

service and

the

authority competent

to

appoint

such

officers and servants;

(f) ^the

discharge

of persons from Work

Houses Certified

Homes; '

(g)

the

nature, incidents a imposed on

persons

detained in

Work Houses ce to the

generality

of

the

foregoing power, may be secured

for

them; ecial

Homes WhiCh

( ) I

t

' I t 9

date" ll

lat O

01

he all" OI

It el

IpoVVel

ed 0

adl I

"II I

llthl

.

y t

lste

and CO

(i) any other matter

which is re 13. Savings—Nothing ⁱⁿ

this Ac

87

quired to

be or

may

be

prescribed.of

the

European VAGRANCY ACT 1 t

shall a

- - 4/11 Pply ^to

vagrants Within the

meaning

0