DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Prevention of Begging Act, 1945
Act 13 of 1945
Keyword(s):
Begging, Special Home, Workhouse
Amendment appended: 44 of 1994
1
-- -- . .
THE TAMIL NADU PREVENTION OF BEGGING
ACT, 1945.
,I TABLE OFCONTENTS.
SECTIONS.
' 1 Short title, extent and commt.ncc- ment.
2 Definitions.
3 g n a l t y for begging.
4 Application of sections 5 to 10.
5 Persons arqsted for offence under section 3 to be examined by medi- cal oficer.
6 Arrcstrd po~son l o bc produccd bc- fore a Juvellllc Cot11 1, if li)i~nd to bc under ei~hteen.
7 Arrested person to 1; produccd b2fot-e Magistrate, if found to bc eighteen or over.
8 drders to be passed by Magist- rate, if he finds accused tc be under eighteen.
9 Powcr of Magishatc to order cieten-
t ion of nblc-bodied accused of cightccn or over to wort-house. 1 0 I'OWL'I. of' M:\gistrilt~ ti) O ~ ~ C I . ~CLCII- i ~ o 1 1 of accused who is not nblc-
bodied to spccLrl I~o~uc.
10-A I'owcrs of Mi~gistratc 10 order iildc- linitc detention of lcpc~s.
4
11 Magistrate's finding ~.cg,~rdi~lg ;1 c
t o be linal.
2
12-A Power of Juvenile Court to order indefinite detention of juvenile lepers.
i13
Penalty for begging after detetltion as beggar. I
14 Contribution by patents. I Magistrate may order detentio~l of pcrsons wholly dependent on
beggar.
Power to order fi~rtl~er detention of pl~ysically incapable beggars. Penalty for employing or causing persons to beg or using tlle111 for purposes of begging.
Transfer from one work-house or spccial home to another.
Conditional relc:lsc.
Mc.dic:~l cxamit~ntion and t l ~ k ~ i l i o l ~ of lepers and lunntica.
Seizurc and disposal of nninlals ilscd for the purpose of begging.
Persons to be deen~cd pirblic serv: nts.
Cen(r:ll Act V of 1898 to i~yply to
bonds tnkeii iuidcr tllc Act.
3
i',
: $945 : T.N.' Act P A M I L NADU] ACT NO. XI11 OF 1945'. An Act to provide for the preveptbn of begging afar the detention and employment of beggers and their dependents in work-houses or special homes, and for the) custody, trial and punishment of beggar offenders in the 4[State of Tamil Nadu.]
WHEREAS it is expedient to provide for the prevention of begging '[for the detention and employmel~t of beggars and their dependents in work-buses or special homes, and for the custody, trial and pu~~ish-
ment of beggar offenders in the ' (Stn te of Tamil Nadu)].
-.
'These wotds were substituted for the word " Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by
the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
For Statement of Objects and Reasons, see Fort St. George Cnzrltc, dated the 10th October 1944, Part IV-A, page 104. This Act was e x t e ~ e d to the merged State of Puduklcottai by
section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act m o f 1949).
This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by section 3 of, and the Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1957 (Tam!l Nadu Act XXII of 1957) repealing the corres-
ponding law in force 111 that teCltOY.
a Thestwords were substitutad for,!he words "h the hoyince
of Madras except the City of Madras by section 2 of the Tamil ~ ~ d u prevention of Bem-ng (Amendment) Act, 1964 (Tamil Nadu
4ct 40 of 1964).
4
-- '[It is hereby enacted as follows :--I
1. (I) This Act may b~ called thz "[Tamil Nadu] extent and Prevention of Begging Act, 1945.
c o ~ c e -
(2) It extends to the whole of the 3[State of .; Tamil Nadu].
*(3) Thts section shall come into force at once ; and the 5[State] Government may, froin time to time by notification in the Fort St, George Gazette, direct that the rern-lining provisions of this Act shall come into force i n such local area and on such date, its mav be specified in the notification.
2. In this Act, ullless there is anything repugnant in tha subject or context-
6[(1) . begging' means-
(i) solicit~ng or receiving alms in a public place, whether under the pretence of singing, dancing, perforning tricks or selling articles or otherwise ;
(ii) entering on any private premises for the purpose of solicitirlg or receiving alms ; -
1 These words were substituted for the paragraph containjng the enacting formula and the paragraph preceding that paragraph by section 5 of the Tamil Nadu Re-enacting and Repealtng (No. I) Act, 1948 ( m n ~ i l Nadu Act VII of 1948).
These words were substituted for the word "Xladras" by the Tamil N:~du Adaptation of Laws Order, 1969, as amended by the
Tatnil Nadu Adaptation of Laws (Second Amendment)Order, 1969.
a l'his,~xprrssion was substituted for the expression "State of Madras by ibid.
4 The words " except the City of Madrass* wele omitted by section 3 of the Tamil Nadu Prevention of Begging (Amendment) Act, 19M
(Tamil Nadu Act 40 of 1964).
6 This* word was substituted for the word " Provincial " by the Adaptat~on Order of 1950.
6 The original clause (1) of section 2 was re-numbered as clause (1-A) of that se~ t ion and this clause (1) was inserted by section 4 ( i ) ' *, of tho, Tam11 Nadu Preventton of Begging (Amendmant) Act, 1964 (Tam11 Nadu Act 40 of 1964).
* Section 1 =me into Force on the 17th July 1915. The sections w m applied to cortain portions of the Sn te bynoti&a h u e d from time to tho .
5
. ? , 1945 : T.N. Act XI14 Prevention of Begging 931
(iii) exposing or exhibiting, with the object
of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or df any other person or of ail animal ;
9 (iv) allowing oneself to be used as an exhibit fdr the purpose of soliciting or receiving alms ; but does not incliide soliciting or recciving money or food or gifts for such purposes as may be prescri- bed.]
i 1 l[(I-A)] ' ~uvFnilt: Court ' means a Court es- tablished under sub-section ( of section 36 of the 1) "Tamil Nadu] Children Act, 1920, and if no such Court is estdblished in any area, a Sub-divisional
Magistrate ur a Magistrate of the fiist* or second
class* specially authorized by the 3[State] Government
to exercise the powers of such Court.
F 4[(1-B) ' Magistrate ' means a salqried Pre- sidency Magjstrate* or :I Sttb-divisional Mag stra te or a Magistrate of the first* or secotid class*apccially authorised by the State Government in this br:hnlf ; ----- -- .- ---- ---- .- -.. ,- -C-
1 The original clause (I) o f section 2 was rc~l~r~llbcrcd as cl;~usc
(l-A) of that section and this cl:u~se (1) was iriscr~ed by section 4
(i) o f the Ta~nil Nndu Prevention of Begging (Amcntfn~cclt) Act, 1964 (Tamil Natlu Act 40 of 1964).
2 These words werc~ubstitutcd for the word " M a d r . , ~ " by
i the Tami1 N?d\r Adaptation of Laws Order, 10Gl). :IS a~ltendcd bv the Tnn~il Nadu iid;iptati~~n of Laws (Second Arnendtncnt) I drtter, 1969. 8 This word was substituted for the word "Provincial" by the /dlptation Ordcr of 1900.
4 Clauses (1-R) and (1-C) were inserted by section 4 ( i i ) of the Tamil Nadu Prevention of Begging (Amendmcnt) Act, 1964 (Tamil Nadu I ' i l j I !
Act 40 of 1964).
*According to clauses ( (I) , (h) and (c) of sub-secl(on (3) of section of the Code of Criminal Prrccdrrre, 1973 (Central Act 2 of 1074),
hich came into force on the 1st April 1974, any rcfercncc to a
agistcate of the first class shall be construed as :I reference to a
udicial Magistrate of the first clns?, any reference to a Magistrate the second class or of the third class shall be construed as a refe- rice to a Judicial Magistrate of the second class and any refcrcnce
a presidency Magistlate shall be construed as a / reference to a etropolitan Magistrate.
6
(1-C') ' public place ' includes any public street, road or thoroughfare or any place of public worship or any place of public resort or any bus-stand or any railway carriage or premises of a railway stati0n.J
(2) ' special home ' means a pIace notified by the '[State] Government in the Fort St. George Gazette
as suitable for the reception of persons not physically capable of ordinary manual labour, 2[who are ordered to be detained in] a special home under any of the provisions of this Act;
(3) ' workhouse' means a place notified by the l[State] Government in the Fort St. George Gazette
as suitable for the reception of persons physically capable of ordinary manual labour, 2[who are ordered to be detained in] a workhouse under any of the provisions of this Act.
P:.ialty fur begging. 3[3. (1) Whoever is found begging shall be punisha- ble-
(0) on a first conviction, with fine which may extend to fifty rupees or with imprisonment which may extend to one month ;
(b) on a second or subsequent conviction, with il~lprisonment for a term which may extend to six months,
(2) Any Police oilicer may arrest without a warrant any person who is found begging :
Provided that no person entering on any private premises for the purpose of soliciting or receiving alms sllall be so arrested or shall be liable to any proceedings under this Act except upon a complaint of the occupier of the premises.]
- --
1 This word was substituted for the word "Provincial '' by the Adaptation Order of 1950. '
a These words were substituted forathe aords " whq are committed to "by sectlon 4 (111) of the Tam11 Nadu Prevention of Begging (Amendmant) Act, 1964 (Tnmil Nadu Act 40 of 1964).
8 Thin section was substituted for the original sxtion 3 by section 5, ibfd.
7
Tllis word was substituted for the word Provitlcltll "I./
8
6 . If in the opinion of such medical officer the rson arrested has not attained the age of '[eighteen years], such person shall without delay be produced, together with the certificate of the medical officer, before a Juvenile Court and the provisions of section
"0; section 12-A] shall then apply to the case.
7. (1) If in the opinion of such medical officer person arrested has S[attained the age of eighteen s, he shall, without delay, be prodc:ced before a gistrate] together with the certificate ant! a report
be '[,iehreen by a Police officer of the facts oft he case.
(2) The Magistrate shall make a summary inquiry into the facts of the case and the circumstances and the character of the person produced before him.
(3) During such inquiry t1.s Magistrate shall to such person the f~c~snlleged against him in the Police report and record :my statement which he m u y wish to make with refcrerzcz :hereto.
(4) If such persoil disp~ire. the correctness of the I'olice report in any mr.1erial *.c\pect, the Magist- r;lte sll:ill proceed :is l~rarly : s li;:?! be in accordance
Cc,,trL,l Act the procediire laid down fi:r ~ i l e trial of stunrnons
b- of ISYS. cases, in tile Code of Cri~ninal i'r,>crtdure, I898*. _-_- --- --- --
r T],cje wold> uPct: subsritclted ror th: \\~.rd and figures "under 16" bv ,cction7 ( ~ ) o f t h TumllYndx Prcic -:t,>n of Begging (Amend. rnent);\ct, 1954( ramil Nadu Act 40 of l9b-ll.
z These were substitttted for tllc ivords "sixteen years"
by section 7 (ii), !bid.
3 This exprecsion was inserted by section 3 of the Tamil ~ a d u I'reventlon of Begging (Amendment) Act, 1973 (Tamil Nadu Act 28
of 1973).
4 ~11csc words were substirllrcn for the fig~res and words ct 16
over " by section 8 (i) of rhc Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
5 These words were substituted for the words attained the age of '* ~ixteenyenrs,hc shall without delay be produced beforea Sub-divisional Megistrate or a Magistrate of the first or second-class specially authorised by the State Government in rhis behalt"' by section 8 (jj ibld.
* See now. the Code of Criminal Procedure, 1973 (CaFtn~l
of 1974).
I
9
1945 ; T.N. Act xm] Prevention of Begging 935
8. If the Magistrate finds that the person in respect Orders to be of whom an inquiry is made under section 7 is guilty ~ ~ ~ $ ~ ~ e , ,
of a6 offence under section 3, but has not attained the if he ficds
agd of "eighteen years], the Magistrate ma$pass any accusea to order which a Juvenile Court could have passed if :$;:,"yer
such person had been produced before it under sub- section (1) of section 12.
3[9. (1) If the Magistrate finds that the person in Power of
respect of whomsuch enquiry is made is gullty of an to order offence under section 3, has attained the age of eighteen detention of
years, and is physically capable of ordmary manual able-bodied
labour, the Magistrate may, if t b r e is a workhouse teen
instead of sentencing him under section 3, order hinl (lr over to
7-
C These words were substituted for thc word and figures
" buder 16 * by section 9 ( i ) of the Tantil Nadu Prevention of Bcigging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
7 These words were substiluted for the, words "s~iteen years'' by section 9 Ci), ibid.
10
a term which may extend to six months and the Magis-
trate may also order the forfeitwe of the bond aforesaid :
Providd that the Magistrate may, instead of sentencing the offender as aforesaid, order him to be
detained in a workhouse for a period of not less than
three years and not more than five years.] hat the person (other
respect of whom an
7 is guilty of an offence the age of 3[eighteen
ly capable of ordinary manual
ay, if there is a special home, under section 3, "[order him
to be detained in such home for a period of not less than one year and not more than three years]. finds that the person
s 111a3e under section 7
tion 3 and has attained sntl~fied on a certfi-
mcdiciii officer, that such person is a leper, the Magistrate may instead of senten- cing him under section 3, order him to be detained indefinitely in a leper asylum appointed ~lnder section 3
of the Lepers Act, 1898 (Central Act 111 of 1898) ---
1 These words were substituted for thc nards " to commit fl by section 11 (i) of the Tamil Nadu Prevent~on of Begging (Amend- ment) Act, 1964 (Tam11 Nadu Act 40 of 1964).
a This expres;,ion was substituted for the expression finds that the person by Section 4 of the Tan111 Nadu Prevention of Begging (Amendment) Act, 1973 (Tamil Kadu Act 25 of 1975).
8 Thme words were substituted for the words "sixteen years 9r
by section 11 (ii) of the Tamil Nadu Prevention of Begging (Amend.
ment) Act, 1964 (Tam11 Nadu Act 40 of 1964).
4 These words were substituted for the words " order his committal to such homo for such period as the Magistriite may deem fit"'by
inserted by section 5 of the Tamil Nadu Pmven. (Amendment) Act, 1975 (Tamil Nadu Act 28 of
\
11
1945: 'f'.N. Act xm Prevention of Begg/@ 937 and notified to be a speckd home under clause t2) af
section 2 until he is released in the circumstances ,s'tated in sub-section (2).
I
9
, (2) The leper detained under sub-section (I) may be released on any one of, or more of the follow- ing grounds, namely :-
(i) if a qualified medical officer certifies that the person detained has been fully rehabilitated ;
(ii) if any person, whom the Magistrate considers suitable, execute a) bond with or without sureties, as the Magistrate may require making him-
self rebponsible for the housing, medical treatment and maintenance of such person and for preventing him from begging or being used for the purpose of begging ;
*
(iii) on such otlier ground as may be pres- cribed.
(3) The certificate referred to in sub-section (1) or clause (i) of sub-section (2) shall be in such form and shall be issued within such time as may be pres- cri bed.]
11. Where a Magistrate has arrived a t a finding M ~ ~ ~ U Y Z Z ~ - regarding the age of a person dealt with by him under fin@% regar- section 8,9,'[10 or 10-41 such age shall, for the purposes thereof, be deemed to be his true age, and no order find.
or judgment of the Magistrate shall be deemed to b: invalid or bc liable to be interfered cwi th in appeal or revision on the ground that the age of such person was not correctly determined by the Magistrate.
1 This exprcssion@s substituted for the exp *' or 10 *
by s t i o n 6 of the Tamil Nsdu Prevention of &ion 0 (Amendmeat) Act, 1975 (Tamil Nadu Act 28 of 1975).
12
943 : T.N. Adt %Iff +
12. (1) 2[If any person arrested by a Police-officer
for an offence punishable under section 3 has, in the
crghte) opinion of such Police-officer, not attaind the age 'uvenlle of 3[eighteen years], he shall be informed, as soon as 2: m y be, of the grounds for such arrest, and shall be such produced before the nearest Magistrate within a period - Court. of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to
the Court of the Magistrate ; and no such person
shqll be detained in custody beyolld the said period
without the authority of a Magistrate. On such
production the Magistrate shall without delay direct
the pzrson to be taken before a Juvenile Court esta-
blished ut~der sub-section ( I ) of section 36 of the 4[Tamil 4[Tamii
Na-iu] Children Act, 1920. The person shall then Nadul
be dealt with under the provisions of that Act as modi- fiidav O'
fied by the provisions of this section] :
Provideci that if the Juvenile Court is satisfied on inquiry that such person has attained the age of' jleighteen years] it shall record a finding to that etyect, a d thetcupon it shall be opan to the Police ro proceed against such pel-son under section 3, or if there is a work-hou\e or a special home, unc!er section 5 ; 'and it1 ihc latter case the medical officer referred to in section 5 shall be reqitireci to certify only regarding the phybic~l capacity of such person for ord~nary nlatlual lab ~ t r and the li11~111lg of the Juvenile Court ~ ~ ~ r l . d i n g illc abc of such person shill1 a l so je binding
u11 the Mag~\lr'tte bzfot4e whom he may be produced. --- - -0- -
1 Thc\e wo~rls wcrc subst~tutcd for the word ~ n d figures "under 16 " by sec t~o~ l 12 (I) of the Tanlil N ~ l i u I'revention of Begging(An~wld. nient) Act, I904 ( T ~ r n ~ l Nndu Act 40 of 1964).
This p :~~,~gr i iph was substituted for thc o~iyindl one by tho
Adaptation ('l'llr~d Amcndment) Or'~ier, 1950.
a Thew wo~il.i wcrc substitutcd for the wortls "sixteen years '*
by sechon 12 (11) ( { I ) of the T.111ul Nadu Prevent~on of Begging (Amendment) Act, 1961 (Tamil N d u Act 40 of 1964).
4 These word\ were substitutcd fi)r the word " Madras " by tho
Tamil Nadu AdClptatlon of Law5 Order, 1969, ;is amended by the Tamil y a d u Adilptatron of Laws (Second Amerldment) Order, 1969.
"Thew worJs were subs itutdd for the figures anJ word
" 16 years " by section 12 (ii) (b) of the Tamil Nadu Prevention of Begy ~ng (Arne ~dment) Act, 1954 (ram11 Nadu Act 40 of 1964).
13
. , visible means of subsistence, or has no parent or guardian, or has a parent or guardian who does not exercise proper guardianship, or
(b) is destitute and both his parents or his surviving parent, or in the case of an illegitimate child, his mother, '[are or is undergoing detention in prison on conviction], or
to have such care,
the Court may pass such order in respect of the offen- der as it could have passed if he had bee11 brought before it under sub-section (1) of stction 29 of the ,
"Tan61 Nadu] Children Act, 1920:
I --.- - *
* These words were substituted fol;,the words '' are or is under-
g( ing transportation or imprisonment by section 12 (iii) (0) of [he 'Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamii Nadu Act 40 of 1964).
I
These words were substituted for the words "a certified school *'t
by section 12 (iii) (b) (1) of the Tamil Nadu prevention of ~ c g g j ~ (Amendmqt) Act, 1964 (Tamil Nadu Act 40 of 1964). 1,
14
(3) If the J u d e Court finds on inquiry that a persoa produced before it under sub-section (1) has attained the age of fourteen years but has not attained the age of '[eighteen years] and that he is guilty of an offence under section 3, the Court may
'[order him to be detained for a period of not less than one year and not more than three years]-
(a) in case it finds that he is physically capable of ordinary manual labour 3[in] a workhouse, if there is one, and
QC
(b) in case it finds that he is not physically capable of ordinary manual labour, 3[in] a special home, if there is one.
tuithstanding anything contained in sec-
Juvenile Court finds on inquiry that any - person brought before it under sub-section (1) of that section has not attained the age of eighteen years and is satisfied on a certificate issued by a qualified medical officer that such person is a leper, the Juvenile Court may, instead of dealing with him under sub-section (I),
(2) or (3, as the case may be, of that section order him to be detained indefinitely in a leper asylum appointed under section 3 of the Lepers Act, 1898 (Central Act JII of 1898) and notified to be a special home under clause (2) of section 2, until he is relebed in the circumstances stated in sub-section (2) of seG 1_3_
1 These words were substituted for the words " sixteen years' by section 12 fiv) (a) of fhe Tamil Nadu Prevention of Begging(Amend- merit) Act, 1%4 (Tanill Nadu Act 40 of 1964).
s These words were substituted for the words;' order his committal for a sp&fd period not exceeding three years by section1 2 (iv) (b),
r This word was substhtCd for the word " to" by section 12
his ssction was inserted by section 7 of the Tamil Nadu Pre- ion of Bq&ng (Amandmmt) Act, 1975 (Tamil Nadu Act 28 of
15
1945 : T.N. Act XII3[1 Prevention of Begging 941 l13. (1) Notwithstanding anything contained in malty tor this Act, whoever having been previously detained beggkrr afitr
in a work-house or a special home under this Act is '' found begging shall on convictiorr)by a Magistrate, be punished as hereinafter in this section provided.
1
(2) When a person is convicted for the first <,
time under sub-section (I), the Magistrate shall order '.,, him to be detained in a work-house or a special home, as the case may be, for not less than three years and I!
I
i I not more than seven years and maj convert any period of such detention not exceeding one year into
I
a sentence of imprisonmwt extending to a like period. I i i !
(3) When a person is convicted for the second or subsequent time under sub-section (1) the Magist- rate shall order him to be detained in a wo~k-house or a special home, as the case may be, for not less than three years and not more than tep years and may convert any period of such detention not exceeding
a two years into a se~tence of imprisonment extending to a like period.
'14 (1) The Magistrate who makes an order for ~ 'ontr~but ion by
the detention of any person in a work-honse or a pMentr* 1 special home under this Act may make an order re-- quiring the parcnt or other person liable to maintain the person detained to contributi. to his naintenance, if able to do so, in the prescribed manner.
(2) The Magistrate before making any
order under sub-section (1 ) shall inquire into the cir- cumstances of the parent or other perwn liable to maintain the person detained and shall record evidence, if any, in the presence of the parent or such other person, as the case may be.
(3) Any order ~nade nndcr t h i s section may at any time bc varied by the Magistrate on an apptica- tion made to him by the party affected by the order.I
- .
Sections 13 to 29 were substituted for the original sect on3 1 3 and 14 by section 13 of the Tamil Nadu Prevention of Beggind ( A m m e n t ) Act, 196) (Tam11 Nadu Act 40 of 1964).
i
16
* " . i i $7
, -. : $$ t2< e *>wM;:" ' * '*&
ofBegging [I945 : T.N. Act XUI
! (4) Any order made under this section may be enforced in the same manner as an order under section !i 488 of the Code of Criminal Procedure, 1898' (Central f Act V of 1898).
t
Masistra may l15. (1) When the Magistrate has ordered the deten-
sd;Zs (Ion tion of a person in a work-house or a special home
epen- under this Act, he may, after making such inquiry as ? I dent on bpgg.ar he thinks f it , order any other person who is wholly dependent on such person to be detained in a work- house or a special home, as the case may be, for a likr period:
Providcd that bzfore such order is made, such
dependent person shall be given an opportunity of showing cause why i t should not be made.
(2) Where the dependcnt p:t'son has not attained thc agi: of fourteen yelrs, the Magistrate sh:rll forward him to :1 Juvenile Court which shaIl deal \-~.ith him under t lx 2[Tamil Nadu] Cbildren Act, 1920 ("Tamil Nadu] Act I V of 1920). as if thz said pcrsc,n had been brought before it undcr hub scct:on ( I ) of scotion 29 of' tht said Act:
Providcd tht t whcre the dependznt person is rhc beggar's own child b-low thc ngc of fivc \.bni a and [he beggar is an :~l)lchollicJ morl~cr not bzirlg :i cont,~c-ci- 011s lcpsr or ;l lu:lnlic, ~ h c ll'ld may be ordcrcd to hc d:r:lined in a \~ork-hou~e wit l~out b.-ing scp:rrstctI from tile mothcr ac regards thc plaoc of ctctcnlicm, unti l i t attains t l ~ : age of five y4:ars and thcrcaftcr do~ l t with as provided in this sub-scction.
_ I - . . . - - - - - - -
1 Sections 1 3 to 29 were \tlb\tituted for the orieinal section< 13 anl\ 14 by \ ~ctlon I ? of the Tnmil N:kdtl Prevcnlion of Begpli~g (Amendment) Act, 1964 (Tami! Ni~du Act 40 of 1961).
These wortls were \ub\tituteil for the word " Madras" by the T,t~llil Na('11 Atl;lptation of Law? Order, 1969, us amended b y the Tamil Nadu Ad.~ptution of Laws (Second Amendment) Order,'
1969.
*See now the Code of Criminal Ptocedure, 1973 (Central Act 2
v f 1974), sections 125 and 126.
\
17
1945 : T.N. Act XIII] Prevention of Begghg 943
(3) For the purpose of this section, the Magis-
trate may, if necessary, caute the dependeut person
i to be arrested and brought before himself and
, examined by a Medical Officer. The person so arrested shdll be produced before thQncarest Magis-
trate wittiin a period of tweuty-four 1;ours of such
I
arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and no such person shall be detained i11 custotly beyond the said period without thc authority cf h Magistrate.
l16. (1) When any persor who isdetained in a special Power to order further deten- home under this Act is, who,ther on an applicat made by him or otheryilse con~idered
Government to be blind, cripple cr c th
cally incarable of doing any wes k, the
rnent may order that he shhll, after the
perlod of his detention, be further detai
tdy in a special home :
PI ovided that the State Clovernn~ent may I eledse
m y such person if any person whom the State Go\err?- - ment cot~sider suitable, erecutes a bond, with or M ith- out sureties ds the State Governnlent may rcquire making himself reeponsible for the housing and main- tenance of such person and for preventil!g him from begging or beins used for tlic purpose of beggillg.
(2) The po\vers conferrcd on the State Govern- ment by sub-section ( I ) may il.1~0 be excrc:scd by such authority as may be prescribed. A copy of every order passed by the prescribed ::uthor ;ty uncler this sub-section shall be commu~~icated forthwith to the State Government with such particulars relat- ing t o the persot) concerncd as may b.: prescribed.
'17. ( I ) Whoever employs or cc*ses any pe solicit or receive' alms, or
'Sections 13 to 29 were substituted for the original seclio 14 by section 13 of the Tamil Na
mcnt) Act, 1964 (Tamil Nsdu Art
18
944 Preveniion of Begsing [I945 : ,T.N. Ad XIII
(2) whoever having the custody, charge or m e of a person wbo has not attained the-age of fourteen years connives at or encourages the employment or the causing of such person to solicit or receive alms, or
(3) whoever uses another person as a n exhibit for the purpose of begging, shall, on conviction, be puni- shable with imprisonment for a term which may extend toone year and thereafter with detention in a workhouse' or special home, as the case may be, far a period of not less than one year and not more than three years or aith imprisonment for a term which may extend to two years.
Transfer from '18. ( 1 ) The State Government may, subject t o
One Harkhouse such conditions as may be prescribed, direct any or special home
to another. person detained in a work-house or special home to be trarrsferred therefrom to another work-house or , special home, a s the case may be : I
Provided that the total period of detention of such person shall not be increased by such transfer.
(2) The powers conferred on the State Govern- ment by sub-section (1) may also be exercised by such authority as may be prescribed. A copy of every order passed by the prescribed authority under this sub-section shall be commur;.icated forthwith to the State Government with such particulars relating to the person transferred as may be prescribed.
(3) In directing such transfers, the State Govern- nlent or the prescribed authority shall have regard to the medical report, and the directions, if any, made by
the Magistrate or Juvenile Court, under section 23.
Pat ole. '19. ( 1 ) Subject tosuch conditions as may be pres- cribed, the Commissjorer of Police in the City of Madras and the Superintendent of Police elsewhere may, at any time, grant permission'to a person detai- ned in a work-house or a special home to absent himself for such per ioa as may be specified. -
i Sections 13 to 29 ollae substituted for t 14 by & 13 of the Tamil Nadu Prcven ,t) ~ o t , 1964 VMNadu Act 40 of 19
19
19145 :. T.N. Act xmJ Prevention of Begging 945
(2) The period during which such erson is
absent from a work-house or a special home d' uring the
, continuance of a permission granted to him under this section shall, for the purpose 9 computing his term of detention in a work-house or a special home, ' be deemed to be part of his c'etention.
'20. (1) Subject to such conditions as may be Conditional
specified, the State Government may, c.f their o m relwc.
motion or on application, at any time, release a person detained in Zd work-house or a special home.
(2) Any order of rekase issued under sub-section
(1) shall be in force until the expiry of the term for whirh the person was ordered to be detained ina work- house or a special hohe, as the case may be, unless sooner revoked.
(3) The State Government may,, at any time, revoke the order ofrelease issued under sub-section (1) - for any violation of the conditions subject to whicll the order was issued and thereup011 the person released shall be detained in a work-house or a special home, as the case may be, until the expiry of the period for which he had been ordered to be detained.
l21. At any time after the expiration of tJirec Unconditiona I
months frorn the comrnencen~ent of the release of release.
any person under sub-section ( 1 ) of section 20, the Commissioner of Police in the City of Madras and the Superintendent of Police elsewhere, may, if he is satisfied from the circumstances of the case that such person is not likely to beg again, recommend to the State Government his unconditional release. The State Government may thereupon, release such person unconditionally and on such release the term for which such person had been ordered to be detained in a work-house or a special home shall be deemed to have expired. - --
Stctions 13 to 29 were substituted for the driginal sections 13 and 14 by section 13 of the Tamil Nadu Prevmtron of Be&g (Amend- ' '
ment) Act, 1964 (Tamil Nadu Act 40 of 1964).
125-14-60 \
20
t o be detained in ,:,
(2) The Medical Officer shall make his report to the officer in chiirge of thc special home stating inter olio-
(a) whether the person is a leper suRL.l.ing from conta_eious leprosy or not ;
(h) from what, if any, communicable disease other th;111 leprosy the person is s~ifferin~ ;
(c) whether the person i s an idiot or of unsoun(1 mind ;
(3) Where the medical repolt states that the
beggar is a contagious leper or a lunatic, the officer
in charge of the special home, sllnll forthwith forwed
the report to the Magistrate who or the Juvenile Court -
lgectior~s 13 to 29 weresub~tituted for the original sections 13 and 14 by section 13 of theTamil Nadu Prevantlon of Be~Oia0 (Amend- mat)Act,1964 (Tamil NaduAct40 of1964b
21
p ":
6::- 'P 1945 : T.N. Act xm] Prevention of Begging 947
which, passed the order of detention. The Magistrate . or the Juvenile Court shall thereupon examine the -Medical Officer as a witness and shall reduce the examination to writing. If, after t e examination and upon such further inquiry, if a& as he or it thinks fit, the Magistrate or the Juvenile Court is of opinion that the beggar is a contagious leper or a lunatic,
he or it shall record a finding to that effect and shall direct that the detention already ordered shall be under- gone by the beggar-
(i) if a contagious leper , in a leper asylum appointed under sectioL 3 of the Lepers Act, 1898 (Central Act I11 of 1898) and notified to be a special home under clause (2) of section 2 ;
(ii) if a lunatic, in an asylum established or licensed under section 84 of the Indian Lunacy Act, 1912 (Central Act N of 1912) and notified to b,o a special home under clause (2) of section 2.
(4) Notwithstanding anything contained in the LepersAct, 1898 (Central Act 111 of1898) or the Indian Lunacy Act, 1912 (Central Act IV of 1912), if zny
leper asylum appointed under section 3 of the Lepers Act, 1898 (Central Act 111 of 1598) or any asylum established or liceuscd under section 84 of the Indian Lunacy Act, 1912 (Central Act IV of 1912) is noti- fied to be a special llomc under clause (2) of section 2,
the Superintendent of such lcper asylum or the person in charge of such lunatic asyl~m~, as the case may be, shall also have authority to detain persons sent thereto in accordance with a directioh of the Magistrate or the Juvenile Court '[under section 10-A or section 12-A or under this section , as t l~c ase may be]. 1 'These words, figures and letters were substituted for the words
"undcr this Mion by section 8 of tho Tamil Nadu Prevention of Begging (Amendment) Act, 1975 (Tamil Nadu Act 28 of 1975). ,
22
C
?
i !M8 Prevention of Beggi'zg [I945 : T.N. Act Xm .
Selznte and '24. (1) Any Police Officer effecting the arrest of
disp-1 of ani- a pzrson who was found begging may seize any animal
mab used for used for the purpose of begging and detain it pending
the purpose of bellsing. production before the Magistrate or the Juvenile Court.
(2) Pending conclusion of the trial, ths Magistrate or the Juvenile Court may make such order as he or it thinks fit for the proper custody of the animal pro- duced under sub-section (1).
(3) The Magistrate or the Juvenile Court may,
when the trial is concluded, order that the animal be dstroyed or confiscated to the State Government or dzlivered to the person claiming to be entitled to the possession thereof.
Per3ons to be deemed public
'25. All pzrsons empowered to perform functions
servants. under this Act shall be deemed to be public servants within the meaning of thc Indian Penal Code (Central. Act XLV of 1860).
Central A C ~ v '26. The provisions of Chaptcr XLII of the Code
of 1898 to of Criminal Procedure, 1898 *(Centl-a1 Act V of 1898) apply to bond5 taken under thc shall, SO far as may be, apply to bonds taken under
k t . this Act. Appeals. '27. For the purposcs of appeal and revision under
thz Codc of Criminal Procedure, 18981. (Central Act V of 1898) an order of detention under this Act shall be deemed to be a sentence of imprisoiiment for the same period.
Power t- make '28. (1) The State Govern~llent may make rules
rules. for carrying out all 01. any of the purposes of this Act. -----, - --
I Sections 13 to 29 were substituted for the original sections 13 and *
14 by section 13 of the Tamil Nadu Frcvention of Beggins (Amendnlcnt) Act, 1964 (Tamil Nadu Act 40 of 1964). *See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), Chapter XXXIII.
tSee IIOU. the Code of Criminal Procedure, 1973 (Central Ac: 2 of 1974).
23
1945 : T.N. Act MII] Prevention of Begging 949 1
I
(-2) In particular and without prejudice to the1 generality of the foregoing power, such rules may pro- vide for or regulate-
i
(a) all matters expressly h u i r e d or allowed by this Act to be prescribed ; . . >. -- . ; f
(b) the management of work.-houses and special homes, the detention of persons ordered to be detained in such work-houses and special homes and the maintenance, care, treatment and instruction of such persons, including all matters relating to their diet and accommodation as well as their labour and generalconduct; *
(c) the discharge of persons from such work- houses and special homes ;
(d) the obtaining of suitable employment outside such work-houses and speqial homes for per- sons detained therein;
(e) the nature, incidents and m~~ximum periods of the punishments to be imposed on persons detained in work-houses and special homes for breach of any rules or for failure or neglect to accept any suitable employment outside such work-houses and special homes which may be obtained for them ; and
. ( f ) the manner of medical examination of beggars.
(3) All rules made under this Act shall be pub- lished in the Fort St. George Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(4) Every rule made undrr this Act shall, as soon as possible, after it is made, I)e placed on the table of both Houses of the Legislature, and if, before the pxpiry of the session in which it is So plaoed or the '
. 6
24
Rcpral.
* ,$$<:g: [
. - - , a s
>* 2" "' .. ''LI<
950 Prwention of Begging [1945: T.N. Act ]Lm
next session, both Houses agree in making any modi- fication in any such rule or both Houses agree that the rule should not be made, the rule shall there- after 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.
'29. On the date of coming into force of this Act
in the City of Madras, sections 71-A to 71-L of the Madras City Police Act, 1888 ('[Tamil Nadu] Act 111
of 1888) shall stand repealed.
1 Sections 13 to 29 were substituted for the original sections 13 md I4 by section 13 of the Tamil Nadu Prevention of 8 - n ~ (Amendment) Act, 1964 ( T a d Nadu Act 40 of 1964). tftuted for the word " Madras " by tho
Laws Orddt, 1969, as amended by tho of Lawa (Second Amendment) OrQors
25
. , -,
RNYCNT 0; Thmf* NhDo ' - ,-
' EXTRAORDINARY PuaLlstiEo BY AUTHORITY
MADRAS, THURSDAY, JULY 7, 1994
I
Aani 23, Bhava, Th;~~val luvar Aandu-2025
T
Part IV - Section 2 Tamil Nadu Acts and Ordinances.
The following .Act, of the Tamil Sadu Legislative Assembly received the assent of the President on the 1st July 1991 and is hereby published for general information :-
t I ACT NO. 44 OF 1994. An Act further to urnend the Tamil Nadu Prevention of Begging Act, 1945. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty- fourth Year of the Republic of India as follows:-
1. This Act may be called the Tamil Nadu Prevention of Begging (Amendment) Short title2
2. In the Tamil Nadu Prevention of Begging Act, 1945 (hereinafter referred to Amendment of XI11 of as the principal Act), in section 2, in clause (I), for the expressio~i "but does not section 2.
include soliciting or receiving money or food or gifts for such purposes as may be prescribed", the following shall be substituted, namely :--
"but does not include--
26
27