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Punjab act 009 of 1971 : The PUNJAB PREVENTION OF BEGGARY ACT, 1971

PUNJAB GOVT GAZ. (EXTRA.), MAY 3, 1971

(VAISAKHA 13, 1893 SAKA)

PART I

LEGISLATIVE DEPARTMENT

1971.

Notification The 3rd May, 1971 No. 9-Leg./71.-The fllowing Act of the Legislaturc of the State of Punjab received the assent of the President of India on the 20th April, 1971, and is hereby published for general information - Punjab Act No. 9 of 1971

to provide for the prevention of begging, detention, training and employment of beggars and their dependents in Certified Institutions and the custody, trial and punishment of beggar offenders.

AN

ACT

BE it enacted by the Legislature of the State of Punjab in the Twenty second Year of the Republic of India as follows :

23

1. (1) This Act may be called the Punjab Prevention of Beggary Act, Short title and extent.

(1) 'begging' means- Or

(2) It shall come into force in any area of the State, on such date as the State Government may by notification appoint in that behalf for that area.

2. In this Act, unless the context otherwise requires

(a) soliciting or receiving alms in a public place, whether or not under any pretence such as singing, dancing, forune-telling, performing tricks or selling articles ;

(b) having no visible means of subsistence and wandering about remaining in any public place in such condition or manner as makes it likely that the person doing so exists by soliciting receiving alms ;

(c) entering on any private premises for the purpose of soliciting or receiving alms ;

(d) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whet her of a human being or of an animal ; or

(e) allowing oneself to be used as an exhibit for the purpose 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 manner prescribed;

(2) 'Certified Home' means a home certified by the State Govern ment 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 infectious or contagio us disease notified in this behalf by the State Government;

Definitions.

THE PUNJAB PREVENTION OF BEGGARY ACT, 1971 A

®

PUNJAB GOVT GAZ. (EXTRA), MAY 3, 1971

23

(VAISAKHA 13, 1893 SAKA)

PART I

LEGISLATIVE DEPARTMEN

T

Notif cati n The 3rd May, 1971 No. 9-Leg./71.—The fo o ing Act of the L egislature of the State

of Punjab received the assent of th e President of India on the 20th April, 1971, and is hereby published for gener al information :—

Punjab Act No. 9 of 1971

THE PUNJAB PREVENTION

OF BEGGARY ACT, 1971

AN

ACT

to provide for the prevention of beg ing, detention, training and employment

of beg ars and their dependents in Certified Institutions and the custody,

trial and punishment of beggar of) fenders. Be it enacted by the Legislature of the State of Punjab in the Twenty"

second Year of t e Republic of India as fol s :— on (I) This Act may be cal ed t e Punjab Prevention of Beggary Act,

1971.

(2) It shal e t r e in ny area of th e State, on such date as

the State Government ay otification appoi nt in that behalf for that

area.

2. In this ct, nless ntext t rwise re quires —

(I) 'begging' ea s—

(a) s l i g g m in a public place , whether or not

er e as singing, dancing, fo rtune-telling,

i g rick ng articles ;

(b) hav v e subsistence and wandering about

or emai in l place in such conditio n or manner

a kes like y th the person doing so exists b y soliciting

or rec v n alm ;

(c) en n o any p v p emi for the purpose of s oliciting or

rece v n alm ;

(d) exp n or ex i , w h the object of obtaining o r extorting

alm any sore w injury, deformity o r disease, whether

of a hum being or of an animal

; or

(e) allowing on to be used as an exhibit for th e purpose of

soliciting or receiving alms ;

but does not include soliciting or receiving mo ney or food or gifts

for a purpose authorised by any law, or authorise d in the manner

prescribed ; i.

(2) 'Certified Hom ' means a home certifie d by the State Govern-

ment or by any subord n e authority empo wered by it in this

behalf to be a fit place for the reception of beggars suffering from

leprosy or any other infectious or contagious disease notified in

this beha f by the State Gov n ent ; Short title

and extent,

Definitions.

1

Power to a

appear before

24

Court.

3.

PUNJAB GOVT GAZ. (EXTRA.), MAY 3, 1971

(VAISAKHA 13, 1893 SAKA)

(3) 'Certified Institution' means any nstitution which the State Government provides and maintains for the detention, training and employment of beggars and thcir dependents and includes a Certified Home, Special Hone or Work House;

(4) 'Chief Inspector means the person appointed to be the Chief Inspector of Certified Institutions under section 14 ;

(S) Child' means ajperson below the age of sixteen years ;

(6) 'Court' means the court of a Magistrate of not less than second class ;

(7) 'guardian' means a person who looks after or takes care of a child in the absence of, or in the event of the death of his parent ;

(8) "parent' means the father or the mother ofa child ;

(9) police officer means a police officer not below the rank of an assistant sub-inspector ji

(10) 'prescribed' means prescribed by rules made under this Act; () Probation Officer' means an officer appointed to be a Probation Oficer under section 14 ;

(12) 'public place' includes a rail way station and any open space to which for the time being the public have or are permitted to have an access, whether on payment or otherwise ; () Any police officer or other person authorised in this behalf requeund by the Disirict Magistrale may arrest without warrant any person who is found begging : begging to

(13) 'Special Home', means a home notified by the State Govern mentas suitable for the reception of beggars not physically capable of ordinary manual labour but not suffering from leprosy or any other infectious or contagious disease ;

(14) Work House' means a place notified by the State Government as suitable for he reception of beggars physically capable of ordinary manual labour. Provided that no person found begging on any premises, not being a public place, shall be so arrested or shall be liable to any proccedings under ihis Act except on a complaint made by the occupier of such premises.

(2) Such police officer or other person shall take or send the per Son so arrested to a court.

(3) The provisions of section 6l of the Code of Criminal Procedure. 1898, shall apply to arrests made under this section and the officer-in-charge of the Police Station shall cause the arrested person to be kept in the pres cribed manner until he is brought before a Courl.

24 PUNJAB GOVT GAZ. (EXTRA.), MAY 3, 1971

( AIS KHA 13, 1893 SAKA)

(3) 'Certifi d Instit t ' means any i st u ion which the State Government provides and maintains for the detention, training and employment of beggars and their dependents and includes a Certified Home, Special Home or Work House ;

(4) ' hief Inspector' means the person appointed to be the Chicf Inspector of Certified Institutions under section 14 ;

(5) 'Child' means ajperson below the age of sixteen years ;

(6) ' ourt' means the court of a Magistrate of not less than gsecond class ;

(7) ' uardian' means a person who looks after or takes carc of a child in the absence of, or in the event of the death of his parent ;

(8) 'parent' means the father or the mother of a child ;

(9) 'police officer' means a police officer not below the rank of an ssistant b-inspector 4

(10) 'prescribed' means prescribed by rules made under this Act ;

(11) "Probation Officer' means an officer appointed to be a Probation f c der t

) 'p bli l ce' ( n es a o space to

hi h im h public have or are permitied to

ess, hether ent is

(13) 'Special Home' means a home notified by the State Govern- as itable o .the reception of beggars not physically l rdinary manual labour but not suffering from ep n s s sease

(1 "W k H use' ns n t e the S G ent

a su a fo the reception of beggars physically capable of o n m ual lab r

3 p c officer or other person authorised in this behalf by the Diswrict Magistrate may arrest without warrant any person who is p rson f und cq beg n : begging to

P o d tha no person found begging on any premises, not being a pub c pla sha lbe so a rested o sh be liable 10 any proce und this A exce on compl i m by the occ of such premi

(2) Such police officer or other person sha l take or send the person

so arrested to a court.

(3) The provisions of section 61 of the Code of Criminal Proced , 1898, shall apply to arrests jmade under this section and the o ficer-in-cha ge of the Police Station shall cause the a rested person to be kept in the es- cribed m til he is broug before a Courl.

2

PUNJAB GOVT GAZ. (EXTRA.), MAY 3, 1971

(VAISAKHA 13, 1893 SAKA)

4. () Where a person is brought before a Court under section 3, the ummary Court shall make a summary inquiry in the prescribed manner as regards respect inquiry in of the allegation that he was found begging.

25

(2) If the inquiry referred to in sub-section (1) cannot be completed forthwith, a court may adjourn it from time to time and order the person to be remanded to such place and custody as may be convenient.

(3) If on making the inquiry referred to in sub-section (7), the court is not satisfied that the person was found begging, it shall order that such person be released forthwith.

(4) If, on making the inquiry referred to in sub-section (1), the court is satisfied that such person was found begging, it shall record a finding that the person is a beggar.

(5) The Court shall order the person found to be a beggar under sub section (4) to be detained in a Work House, Special Home or Certified Home in accordance with the provisions of section 7 for a period of not less than one year and not More than three years :

Provided that if the court is satisfied from the circumstances of the case that such person is not likely to beg again, it may release him after due admonition on a bond for his abstaining from begging being executed, with or without sureties as the court nmay require, by the beggar or any other person whom the court considers suitable.

(6) In passing an order under this section, the court shall have regard to the following considerations that is to say -

(a) the age and character of the beggar ;

(6) the circumstances and conditions in which the beggar is living;

(c) report made by the Probation Oficer; and

(d) such oher matters as may, in the opinion of the Court, require to be taken into consideration in the interest of the begga.

(7) The report of the Probation Officer or any other report considered by the court shall be treated as confidential :

Provided that if such report relates to the character, health or conduct of, or the circumstances and conditions in which, the beggar is living, the court may, if it thinks expedient, communicate the substance thereof to the beggar or, in the case of dependents, to the parent or guardian concerned and"may give the beggar or the parent or guardian, as the case may be an opportunity of producing evidence which may be'relevant to the matters stated in the report.

(9) Notwithstanding anything in this scctien to be a beggar under sub-secrion (4) Is a child who persons

found beg

ging and

their de ten

(8) A copy of the order made under sub-section (5) shall be sent forth with by the court to the Chicf Inspector.

tion.

when the person found

Was found begging in

PUNJAB GOVT GAZ. (EXTRA.), M 3, 1971 25

(VAISAKHA 13, 1893 SAK

c 4. (I) Where a person is brought before a Court under sec ion 3, the Simon in ourt shall make a summar inqu ry in the presc ibe m as regards podeit? the allegation that he was found begging. i of found -

ging and

their deten-

tion.

(2) If the inquiry referred to in sub-section (I) ca t be co plet forthwith, a court may adjourn it from time to time and order the p soto be remanded to such place and custody as ma be co enient. (3 If on making the inquiry referred to in su t (1 the c r is not satisfied that the person was found begging, it shall or th u person be released forthwith.

(9 If, on making the inquiry referred to in sub-section (I), h rt is

satisfied that such person was found be gi g, i ll e find n hthe person is a beggar.

(5) The Court shall order the person fo to ar r - section (4) to be detained in a Work House, Special e ertif e in accordance with the provisions of section 7 for a period t e h one year and not more than three years :

Provided that if the court is sat rom h rcumst es h that such person is not likely to beg again, it may release him after due admonition on a bond for his abstaining from begging being executed, with or without sureties as the court may require, by the beggar r t er r si ers i l .

(6) In passing an order under this section, the court shall have regard to the following considerations that is to say :—

(a) the age and character of the beggar ;

(b) the circumstances and conditions in which the beggar is living; ) ort ade robati n f ;

(d) such other matters as may, in the opinion of the Court, require to e taken into consideration in the interest f the beggar.

(7) The report of the Probation Officer or any other report considered by t urt al be t as onfi enti : CR CR

[il

Provided t at if ch r port relates t t e character, health or conduct of, or t i stances d conditions i which, t e beggar is l ing, t court ay, if it thi ks expedient, communicate t e substance t ereof t t e or, i t e case of dependents, t t e parent or guardian concerned a d" ay give t e beggar or t e parent or guardian, as t e case may be an opportunity of producing evidence which may be'relevant t e matters stated in the report.

(8) A copy of the order made under sub-section (5) shall be sent forth- with by the"court to the Chief Inspector.

m [2

(9) Nowwithstanding anything in this sc ticn when the person found 10 be a beggar under sub-section (4) 1s a child who was found beg ing in

3

beggar.

26

Penalty for 5. ()) Whoever having been previously detained in a Certified Institu begging after tion in accordance with the provisions of section 4 is found begging. shall on detention as conviction be punishable as is hereinafter in this section provided. Power

dents of

convicted

beggars.

PUNJAB GOVT GAZ. (EXTRA.). MAY 3. 1971

(VAISAKHA 13, 1893 SAKA)

any area in which the Bast Punjab Children Act, 1949, isin force, the court

shall, instead of making any order under sub-section (5) forward the child

along with the pro ceedings to a juvenile court as definedin clause (i) of

section 3 of that Act, and the juvenile court may make such further inquiry

as it may deem fit and pass such sentence or order for the detention of the

child in a certified school or otherwise as it might have passed if the child were a person described in clause (a) of sub-section (/) of section 8 of that

Act and had been originally tried by it under that section. For the purpose of this sub-section the court may, if necessary, cause the beggar to be examined by a medical officer.

of 6. When the court has ordered the detention of a person in a Certified court to de- Institution under section 4 or section 5 it may, after making such inquiry tain depen- as it thinks fit, order any other person who is wholly dependent on such

(2) When a person is convicted for the first time under sub-section (1): the court shall order him to be detained in a Certified Institution for not less than three years and not more than seven years and may convert any period of

such detention not exceeding one year into a sentence of imprisonment ex

tending to a like period.

(3) When a person is convicted for the second or subsequent time under sub-section (), the court shall order him to be detained for a period of ten years in the Certified Institution and may convert any period of such detention not exceeding two ycars into a sentence of imprisonment extending to a like period.

person to be detained in a Certified Instit ution for a like period:

Provided that before such an order is made such dependentperson or his parent or guardian, as the case may be, shall be given an opportunity of showing cause why it should not be made.

Report of 7. (1) The court which finds a person to be guilty of an offence of begging Medical offi- under section 4 or section 5, shall, before passing any sentence of his committal Cer beforo to a Certfied Institution, send such person to the Medical Officer incharge committal. of the local civil hospital or to the medical officer attached to the local Work House, if any, and call for a report about his age, physical capacity for ordi nary manual labour and also whether he is suffering from any in

fectious or contagious disease.

(2) If the medical officer certifies that the said person is not a child, is physically capable of ordinary manual labour and is not suffering from any infectious or contagious disease, the court shall pass a sentence for committal of such person to a Work House.

(3) If the medical officer reports that the said person is a child or is physically incapable of ordinary manual labour but is not suffering from any infectious or contagious disease, the court shall pass a sentence for committal of such person to a Special Home :

Provided that nothing in this sub-section shall apply to a hild to whom sub-section (9) of section 4 applies.

(4) If the medical officer reports that the said person is suffering from any infectious or contagious discase, thc Court shall pass a sentence for committal of such person to a Certified Home, but if there is no such Certified Home for the reception of such persons, the Court may stop further inquiry and relaasa him.

NJ B G . (EX ), 3, 19

VA SAK 1 18 )

any area in i th E s hi Act 1 , is in fo t he c r

shall, instead of making any order su t (5 forw the c along with the proceedings to a u nile rt a n in l ause(i)

section 3 of that Act, and the juvenile court su fu h in i

as it may deem fit and pass uch se ce o o th o o th child in a ertified sc ol r o h i a it i t if h child were a person described in ause (a) s ct n (1 s o o th Act and had been originally tried by it r that tion. h - this sub-section the courf may, if necessary, cause the ar to be i V)

edical o r.

Penalty for 5. (I) Whoever having been previousl n erti t - a hd tion in accordance with the provisions of section 4 is found begging, shall on beggar. conviction be punishable as is hereinafter in this section provided.

(2) he is vict o h im t 1) the court shall m o n erti u o e tha three or han ert o

t i n m r o ent e -

tending to a like period. ) he a vict h uent im er sub-section (I), the court shall order him to be detained for a period of ten years in the Certified Institution and may convert any period of such detention not Sxesading two years into a sentence of imprisonment extending to a like r od.

6. When the court has ordered the detention of a person in a Certified court to de- Institution er section section 5 it ay, after aki n i jn depen- as it thinks fit, order any other person who is wholly dependent on such convicted person te be detained in a Certified Institution for a like period :

beggars.

i ed that before order is ade endent person or his

parent or guardian, as the case may be, shall be given an opportunity of i g l t ade.

Report of 7. (I) The court which finds a person to be guilty of an offence of begging edical Offi- der t n r t n 5, shall, ef re assi g t ce f his mittal cer before to Certified Institution, on to the edi Officer n h rge committal. re J al ivil ospital r edical ffi er a d al ork

House, if any, and call for a report about his age, physical capacity for ordi- r manual ur hether fferi g om i -

fectious or contagious disease.

(2) If the medical officer certifies at i er n ot hild, physically capable of ordinary manual labour is ot fferi g om infectious or contagious disease, ourt al ass t ce r mmittal a or ouse.

(3) If the medical officer reports that the said er n is hil r physically incapable of ordinary manual labour but is not suffering f infectious or contagious disease, the court shall pass a sentence for committal of such person to a Special Home : p)

Provided that nothing in this sub-section shall apply to ch h sub-section (9) of section 4 applies.

(4) 1 the medical f icer reports at i er n is uffering from any infectious or contagious disease, the Court shall pass a sentence for committal of such person to a Certified Home, but if there is no such Certified H e for fe reception f persons, ourt ay rt er uiry release

.

4

PUNJAB GOVT GAZ. (EXTRA.), MAY 3, 1971

(VAISAKHA 13, 1893 SAKA)

27

8. Whoever escapes from a Certified Institution to which he has been Punishment co mmitted on conviction under the provisions of this Act before the expiry of from Certi the period for which he has been committed shall be punishable with fine which fied Institu may extend to one hundred rupees or with imprisonment which may extend tion. to three months.

9. Whoever employs or causes, any person to solicit or receive alms, or Penalty for employing or whoever having the custody, charge , care of a child, connives at or encourages causing per he employment or the causing of a child to solicit or receive alms or whoever sons to beg uses another person as an exhitbit for the purpose of begging, shall on con- or using viction be punished with imprisonment for a term which may extend to thr ee them for purposes of begging.

10. The provisions of Chapter XLII of the Code of Criminal Procedure, Bonds taken under Act 5 1898, shall, so far as may be, apply to bonds taken under this Act. of 1898. escape

11. For the purposes of appeal and revision under the Code of Criminal Appeals.

Procedure, 1898, an order of detention under this Act shal] be deemned to be a sentence of imprisonment for the same period.

Power of

12, If the State Government at any time, of its own motion or on app- state Go lication made to it, is satisfied that a person convicted under section 4 or yernment to section 5 and committed to a Certified Institution h¡s been cured of a disease or release from is in a fit state of health to earn his living or is otherwise fit to be discharged Certified

before the expiry of the period for which he has been committed,the State Institutions.

Government may, by order, direct that the person so detained shall be released subject to such restrictions and conditions, if any, as may be specified in the Inspector.

13. (1) The State Government may provide and maintain oneor more Provisions of Cert ificd

Certified Institutions at such place or places as it thinks fit, and may certify any Institutions. institution to be a Certified Institution for the purposes of this Act. Any such Certified Institution may include provision for the teaching of

Agricultural,

Industrial and other pursuits, and for the general educationand

medical care of

the inmates.

(2) Bvery Certified Institution shall be under the charge of a Superin

tendent.

14. (1) For carrying our the purposes of this Act, the State Govern ment Appointment

Chief

may appoint a Chief Inspector of Certified Institutions, an Additional Chiefo

Inspector of Certified Institutions, an Inspector and such number of Assistant Inspector and

Inspectors and Probation Oficers as it thinks fit tc assistthe Chief Inspector;

and every person so appointed to assist

the Chief Inspector shall have such

ofâuthorities.

the po wers, and perform such of the duties, of the Chief In spector, as the State direction of the Chief Govern ment directs, but shall act

under the

(2) Every Certified Institution shall, at least once in every six months,be

inspected by the Chief Inspector. other

15. For every Cortified Institution, the State Govern me nt shall appoint Visiting a Visiting Committee in such manner as may be prescribed and assign such Committe.

powers, uties and functions to the Committee as may be prescribed. Provided that, where a local authority has agreed to render such financial assistance as the State Govornmentmay consider p roper in each case, for the

16. (I) The State Government may, for the whole or any part of the Advisory

State, constitute an Advisory Committee consisting of such persons, not Committee.

Ox ceeding twenty-one in number, as it may appoint:

years but which shall not be less than one yoar. order.

PUNJAB G GAZ. (E RA.), 3 19 27

VA SAK 13, 18 A )

8. Whoever escapes from a Certified Institution to which he has been Punishment mit c vict u th provisions of this Act before the expiry of [of escape the period for which he has been committed shall be punishable with fine which from AC may extend to one hundred rupees or with imprisonment which may extend tion. to hr e nt

9. Whoever employs or causes, any p so to s i o rec v a m o P l for whoever having the custody, charge , care of a child, connives at or encourages splouss ol h employment or the causing of a child to solicit or receive alms or whoever ein A io

" t r a bit o h ba i g, s ll on con o n ion shed i h m sonm o erm which end o thr _ them for © vears but which shall not be less than one year. nt of f 10. o apt I he inal ure, aken

1898, shall, so far , o ak h ct. nds At 5

11. For the purposes of appeal e r h r inal Appeals. Procedure, 1898, an order of detention under this Ac shal] eme o sentence of m r o ent for he am r d.

. h over ent at time, of its own motion or on app- Set ol lication made to it, is satisfied that o i o O v ent to on it ed o ert ied n itution a ed f e rom is n fit a e h o n iv n i fit o

c ertif

i h hi he mit ed, h t Institutions.

over ent ay, er, t h all e

bject to t ons nditions, if , a cifi n

13. I t over ent a aintai or eayici ns « ertifi d tu ion s a rti of Coit tu ion erti tu ion r oses ct. '

Certified Institution a e visi n e gricultural,

Industrial ursuits, general ucati n medical of

n a Lo

.

(2) ver ertifi d t o al der r e uperin-

}

14. (I) For rrying out e r oses f this Act, t G vern ent Appointment

may appoint a hief ect r of ertified T sti t s, Additional efof hief

ct r ertifi d st s, Inspector

ber of s istant1 i a

ectors r bati n f rs s tc

ssist hief Inspector; ane os.

and every person so oi ssist hi

ct shall have such of

the powers, and rform such of the uties, f hief spector, t t

Government directs, al direction

of hief

0 ,.

*

. .

Tnspoo) very ertified sti t n ha l , t ast ce ery onths, e

pected by the hief specto r.

ifi ituti i]

Il point Visiti g

o ary erti ed st

i n, tate Governme t al

)

2 a in ng ias an er s ay e rescribed ssi n Committee. o powers, d es ncti ns ommittee ay e pr escribed.

5 A

L é e Advi sory

tat over ent ay, r hole r part 0 A ory

t t % Drs dvisor y ommittee onsisting f persons, ot ommitt ee,

ex edi g enty-one n umber, s it ay point:

rovided that, here cal uthority as greed t der ch financial

assist nce s t e tate overnmen t ay onsider p per i ch as e, r t

5

28

maintenanceof Certified Institutions in which beggars from the area subject to the jurisdiction of the local authority are detained, the State Government shall appoint such number of persons as it deems fit on the Advisory Commit tee for such area representing the local authority. PUNJAB GOVT GAZ. (EXTRA.), MAY 3, 1971 (VÁISAKHA 13, 1893 SAKA)

(2) The Advisory Committee constituted under sub-section (1) in any area or any member thereof, may visit at all reasonable times any Certifi Institution, in which beggars from that area are detained, after due notice to the Superintendent of that Institution. PoWer

make rules.

to

(3) The Advisory Committee may also

(a) tender advice as regards management to any Certified Institution through the Chief Inspector or such other officer, as the State Government may specify;

(b) collect subscriptions towards the recurring as well 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 the prescribed manner;

(c) advise the State Government, through the Chief Inspector, as regards the certification of any institution as a Certified Institution or the de-certification of any Certified Institution within the area;

(d) advise the State Government generally on the working of this Act in that arca and particularly on any point referred to it by the Chief Inspector or any other officer specified by the State

17. (/) The State Government may, by notification and subjcct to the condition of previous publication, make rules for carrying out the purposcs of this Act.

(2) In particular, and without prejudice to the generality of the foregoing Power, such rules may provide for

(a) the manner of authorising a purposc under clause (l) of section 2;

(b) the manner of keeping persons arrested under sub-section () of section 3;

(c) the manner of making summary inquiry under sub-section (l) of section 4;

(d) the manner in which and the place at which the persons sentenced under section 5 shall serve their periods of imprisnment ;of Government.

PUNJAB G Z. (EXTRA). , 19 ]

(VAISA 13, A)

maintenance Certified Institutions in which beggars from the area subject to the jurisdiction of the local authority are detained, the State Government shall appoint such number of persons as itdeems fit on the Advisory Commit tee for such area representing the local authority.

(2) The Advisory Committee constituted under sub-section (I) in a area or any member thereof, may visit at all reasonable times any Certitill) Institution, in which beggars from that area are detained, after due notice to X th Superintendent that Institution.

(3) Th Advisory Committee ma also—

(a) tender advice as regards management to any Certified Tnstitution through the Chief Inspector or such other officer, as the State Government may specify; () collect subscriptions towards the recurring as well as non-recurring expenses of any or all Certified Institutions within th local a or one in which beggars from that area a detained, and disburse h collections in the prescribed manner; advise th State Government, through

regards the certification of any institution

h de-

the Chief Inspector, as

a Certified Tnstitution

certification a Certified Institution within th area;

advise the State Government generally the working of Act in that area and particularly on any point referred to it by h Chief Inspector a other officer specified th State overnment.

. I Stat Government may, notification and subject to the condition previous publication, make rules for carrying out the purposes h ct.

(2) In particular, and without prejudice to the generality of the foregoing Po er, i r—

(a) the manner authorising purpose under clause (1) of section 2 ; h manner keepin persons arrested under sub-section (1) l J s

[

(c) the manner making summary inquiry under sub-section (I) ot ; h manner n whic a (h place at which the persons sentenced section shall serve their pe riods of imprisnment;of

PUNJAB GOVT GAZ., (EXTRA.), MAY 3, 1971

(VAISAKHA 13, 1893 SAKA)

(e) the management of Certified Institutions, the detention of persons committed to them and the maintenance, care, treatment and instruction of such persons including al1 matters relating to their diet and accommodation as well as their labour and general con duct ; ) the powers and duties of the officers appointed under section 14 ;

29

(g) the determination of the number of officers and servants to be em ployed under this Act and their salYries and allowances, and other conditions of service and the authority competent to appoint such officers and servants and impose penalties on them

(h) the discharge of persons from Certified Institutions; () the nature, incidents and maximum periods of punishments to be imposed on persons detained in Certified Institutions for breach of any rules or for failure or neglect to accept any employment outside such Institutions which may be secured for them ;

G) the manner of appointing a Visiting Committee under section 15 and the powers, duties and functions thereof ;

(k) the conduct of business by Visiting and Advisory Committees and their Constitution ; and () any other manner which has to be or may be prescribed.

(3) Bvery 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 days which may be comprised in one seasion or in two successive sessions, and if, before the expiry of the s ssion in which it is laid or the session immediately following, the House agrees in making any modification in the rule 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 annul

ment shall be without prejudice to the validity of anything previously done

under that rule.

18. () The Punjab Prevention of Beggary Ordinance, 1970 (Punjab Repeal and Ordinance No. 8 of 1970), is hereby repealed. Savings.

(2) Notwithstanding such repeal anything done or, any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had commenced on the 21st September, 1970.

C. S. TIWANA,

Secretary to Government, Punjab, Legislative Department.

328 L R (P) Govt. Press, Chd.

PUNJAB GOV GAZ, (EXTRA), 3, 1971

(VATISAKHA 13, )

(e) the management Certified Institutions, the detention persons committed to hem h C t e maintenance, car treatment and instruction such persons including all matiers relating to their diet an accommodation wel their labou general c n- duct ;

(f) the powers and duties th officers appoi t sec o 1 ; { i. (2) h determination h nu ber o serva ts o - } ployed under this Ac and their salaries allowances, conditions service the authority "on : competent to appoint \ such officers servants impose penalties hem ;

(h) the discharge persons from Certified Institutions;

i) h nature, incidents max m per s punishments oimposed persons detain n Certi Ins s oan rules for failure neglect to accept any employment outside s Institutions whi sec hem ;

(j) the manner ointi g isi mmittee under section 15 a h ers, t ct s thereof 5 h conduct busi ess Visit dvisor Committe s

i onstit t ;

(I) other anner hi o a scri ed. ver a er all be laid as soon as may be after it is a r h ous h egislature while it is in session hi a comprised in one session or in

two successive sessions, and if, before the expiry of the sgssion which is mmediately owing, the House agrees in making any

odification ous s t e should not be made,

hal , reafter ve effect only in such modified form or be of no

effect, a e, h ever, t h modification or annul-

ent shall it out dice ali it ything previously done

der l . -

18. (I) The Punjab Prevention f eggary rdinance, nj b Rapes) s Ordinance No. 8 of 1970), is hereby repeal vings. Notwithstanding such repeal anything done or any action der the 2) Notwithstar al ed or taken under this Act as if this Act had commenced on the 21st eptember, 70,

ta . . NA, n 4) Secretary to Government, unjab,

Legislative Department.

328 LR (P) Govt. Press, Chd.

7