The HARYANA PREVENTION OF BEGGARY

The Haryana Prevention of Beggary Act, 1971 Act 9 of 1971 Keyword(s): Beggar, Begging, Public Place 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. 59 1971 : Havana Act 91 PREVEN~ONO F BEGGARY THE HARYANA PREVENTION OF BEGGARY ' ACT. 1971 - Sections : Page I. Short Li~le.e xtent and commencement. 2. Dcfinirions. 3. Power lo arresl. 3. Summary inquiry beforc dctcntion. 5. Penalty for bcgging after detention. 6. Power of Courl ro detain dependenrs. 7. Rep~rtO F Medical Officer beforc comminal. 8. Punishment for escape from Certified ~nslilution. - 9. PcnaIry for employing persons for begging. 10. Bonds. 11. Appeal. 12. Power to release. 13. Rccepcion Centres. 14. Cer~ifiedI nstitutions. 15. Search in Reception Centres and Certified Institutions 16. Managemenr and discipline. 17. Disciplinary imprison men^. 18. Appointmcnt of Chief Tnspcctor and othcr aulhorities. 19. Transfer from one Reception Centre or Ccrlified hstirurion lo another. 2 1. Revocalion of licence. 22. Procedure on order of detention or senrcnce nf iniprrcnnmenr BEGGARY 60 PREVENIION OF 11971 : Haryana Act 9 . , < , , , Page . - 23. Medical Examination and detention of leprosy patienrs and lunatics. . I 24. Transfer between Ccnified Institulions. 25. Seizure and disposal of animals. 26. Offences LO be cognizable and non-bailable. 27. Persons to be deemed public scrvanrs. 28. Visiting Committee. 23. Advisory Commitlee. 30. Protection of aclion taken under this Act. 31. Power lo make rules. 32. Removal of diff~culties. 1971 : Haryana Act 91 PREVEN'I'ION OF BEGGARY 6 1 , ITHE HAYANA PREVENTION OF BEGGARY ACT, i97i W~KYANAA CT NO: 9 OF 197 !1 - . , , , [Received the asset11 of the Ga~ler~tonf r Horyuna orz rJle 15dr of Mnrcl~.1 971 ntldfirsr pablishcd in tile iiatynrla Govern~t~etGlta zette (Extrrrorditrary), of iW(irch 18, 19711 -1 -2- -3 4 Year No. Shorl titlc Whethcr repealed or otherwise affected by ~c~islalioi - - 1971 9 The Haryana Amended by Hnryana Ac: 27 or 19752 Preven~iono f Beggary Act, 1971 AN ACT to provicle for the prevenlion ofn'heggit?gd,e ret~tiont,r aining and enrploy~netrrc lfheky=yat-tast ld rkeir deperldenrs in Cerrified I~z,rrituiiocrr~rl il lhe oilsfody,r riul u~~dprinishrr~utr~ of beggar oJfe11de~'s. ~ E - ieln acted by the Lcgisli~ureo f the Sta~eo f Hat-yana in the Twen ty-second Year of the Republic of India, as follows :- 1. (I) This Act may be called theHayana Prevention ofB eggary Short title, Act, 1971. cxtent and . commence- .. (2) It extends to [he whole of the Slate of Haryana. ment. (-3) It shall come into force in any area of the State, on such date or- dates as the State Government may by notification dppoint in this behalf for that area. 2. In this Act, unless the context othewise requires :- Dcfi~~itious. (u) 'Lb~ggilrm'le ans any person who is found begging ; 1. For sratcmcnr ilf Ol~jectsa nd Reasons, see Haryana Govcrnment Gazette (~xtraothinar~1),9 7 I, page 167. ' 2. For srutcmcn1 of Ol~jjeclsa nd ~zii~onssi,c tjnrynna Government Gazelte (EXt raordinnl-y). dalcd the I X-7- I 975,.1>lrgr: 840. , , (b). "bcgg ing" means- (i) soliciting or t-eceiving alnls in a p,ublic place whethe:. or nct under any pretcnce, such'as 'singii~gd, ancing, fortune-telling. perfomling tricks or seIling articles (iij havi ng'no visible means of subsistence and wandering about or remaining in any p~~blpiica ce in such condition or manner as makes it likely that the person doing so exists by soliciting or receiving alms ; (iii) enwring on any privaie premises for the purpose of soIicitjng or receiving nlnls ; - ,, (iv) exposing or exhibiring, with the object of obti~iningo r extor-ti~gal ms, any sorc, wound, injury, deformity or disease whether of a human being or of an animal ; or allowing or~eseltfo be used as an exhibit for the purpose (17) oFso1iciti:lg orreceiving alms ; but does not include so1icitir:g or receiving money or , food or gifts for a purpsoe authoiised by any law, or authorised in thc mahner prescri bed ; (c) "Ccni tied Insti tuiion" means any institutjorl which the State Government provides and maintains for the detention, training and employment of beggan and their dependerlts and includes a Cerlilied Home and Specj a I Home ; (dl "Certified Home'' mcans a home certilted by the State Government or by any subordinate autllority empowered by it in this behalf to be a fir place for the reception and detention of beggars, suffering from leprosy or any other infectious or contagious disease notified in this behalf by the State Guvanmenr ; ('1 "Chief Inspector'' means the person appointed to be the Cl~izIfn spector of Certified Institutions under section 18.; ' ![fl "chi Id" means a child as defined in clause (d) 01' sc.cr ion 2 of the Hi~ryanaC hildren Act, 1974 ; j . . I 1971 : Haryana Act 91 PR evtiNTloti OF REGGARY 63 (g) '.Court" means the court of a Judicial Magistrate of any. . class exercising criminal jurisdictio~in~ the area in which this Act is in force ; (h) "Guardian" means a pcrsun who looks afts.r or takes carc of 3 chjld in Ehc ahscnce of, or in tllc evcnt of the death ol his parenls . -, ;' - -. (i) " 8 I ,m pri so~~menmt"e ans rigorous or simple imprisonment as described in secrion 53 of the India11P enal Code, 1860 (XLV of 1860) ; (j) "Parent" means the fathkr or the mother of a child ; (k) "Police Officef' means a police officer no1 below the r3r.k of an Assistant Sgb-Inspector ; (I) "prescribed" means prescribed by 'mles midc under this Act ; (m) "Probation Officer" means an officer appointed to be a Probation Officer under secrion 18 ; -. (ti) "public place" mems and includcs any place or precincts thereof to which for the time bcing rhe public have or are permi ttcd to have an access, whether on payrnenr or otncrwise and includes a passenger bus ;u~da railway compartment ; (01 "ReceptionCentreWmeansani nstitution farthe reception and temporary detention of beggars provided by the Statc Government, or certified to be such under section 13 ; (p) "Special Homc" nlcans a home notified by the Stare Govcmment as saitabIe for the reception and detention of beggars. not physically capable of doing manual labour but not suffering from leprosy or any other infectious or contagious disease ; and x (y j "Srlyerinte'iidenl" means a Superintendent of a Reception I Centre or a Certified Institution, as the case may be. 3. '(1) Any Police OCl'iccr or orher persorl authot-ised iri this ~r,wcrt o behalf by the Statc Government rnay a]-rcst wit houl wdrranl any arrcsl. beggar : h h4 PHEVENTION OF BEGGARY El971 : Haryana Ad 9 . Provided that no person bunrl begging on any premises, not bcing n public place shall he so arrcsted or shall be liable to any PI-oceedings undcr this Act except on a complaint made by the occupier of such premises . ( 2 Such Police Officer or other pcrson shall take or scnd the persou so arrested to the ncarest police sta~ior:: Provided that the other pelson may hand him over to a Police Officer if he finds it convenieni. (3) The provisions of '[section 57 of the Code of Criminal Procedure, 19731 shall apply ra arrest made under [his seclion and the officer-in-.charge of the police station shall cause the arrested p&son lo be kzpt in the prescribed manner until he is brought before a court. Sumrnary 4. (I) Where a person is brought before a court under section 3, inquiry the court shall make a summay inquiry in h ep mcribed manner as regards before the allegation that he was found begging. detenlion. (21 if the inquiry rcferred to in sub-section (I) cannot be cornplered forthwith, the coui~m ay adjounl it Prom lime to time and order the person to be remanded to such place and custody rls may be coflvenient or release him on a bail bond, wiih or wilhout sureries. (3) IF on ma king the inquiry refen-ed to in sub-scclion (I],t he court is not sali sfied that the person was found begsing it shall order that such pcrson be released forthwith. (4) If, on making rhe inquiry referred to in sub-section (Ij , the court is satisfied that such person was found begging it shall record n finding that the person is a beggar and convict him accordingly. (-5) The court shat l order the ,person convicted under sub- section (4) to be detained in a Certified Institution in accordance with the provisions of section 7 for a period of not less than one yew and not more than two years : Provided that if the court is satisfied from he circumstances of the case that such person is nor likely to beg again, it may release him ;~fterd ue admonition on a bond ,forh is :tbstaining from begging, bei-ng executed with or wi~hours ureties, as rhc court may require, by the beggar or any other person whom the coult cor~siderss uitable : P~~ovidcrdui -ther that it [he beggirt- is a minor, the bond shktll bc with sureties. , I. St~bs~irutehdy Harpanu .l\cl 17 rit 1975. 1971 : I3arl)'m-m Act 91 PREVENTION OF DEGGARY 65 (6) 111 passing an order under this secrion, thc coun s!~i~Il have regard lo tlie following considerations :-- (a) the age and character of ~ h bee ggar ; (bi thz circurnslances acd conditions in which the beggar is livi?g; (c) report., if any, made by the Probalioa 0 ft'rcer ; and (rl) such other matters as may. in the opinion of [he court, require to be taken into cons id era ti or^ in the interest of thc beggar. (7) The report ol thc Probation Offices or any other repc-,rl considered by the court shall be treated as conildential : Provided that ifs uch report refatestot he character, health or conduct of,o r the circumstances and conditions in which: the beggar is living, the court may if it thinks expedient so ro do communicate the suhstancc thereof to thz beggar or, if thc beggar is dependen1 to his parents or guardian, if any. and may give the beggar or the-parent or guardian, as r he c:ue may be, sn opporttinity of producing evidence which m3y be relevan1 to the matters sated in 1 he repart. (8) A copy of [he order made under sub-section (5) shall be ' sent forzhwith by the court to the Chief Inspec'tor. (9) Notwithstanding anything coaiained in this secrion, when theperssn found to bea heggarasafo~saidisachildt,h ccotirrshnll not make any order under sub-section (5) but fonvard the child to '[a Board constituied,under section 3 of the Haryana Children Act, 19741, for bcing'dealt with uild~rrh at Act. For the purposc of ascerlnining thc-age of the beggar, the court may, if ncccssary, cause him ro he examined by a medical officer. , . 5. (1) Whoever having been previously detained in a Ceflified Penalty Institution in accordance with' the provisions of section 4 is found begging begging again shall on convicrion be punishable as is hereinaftcr dcrenlio provided in this section. (2) When u person is convicted for the second time thc courl shall order him LO he detuincd in a Gel-ti fled I~~slitutiofonr a period not less than one year and not more than three years. 66 PRBVENTIOK OF BBGliARY [I971 : Haryana Act 9 (3) When a person is convicted for rhe Lhird or subsequent , ,,,. tihc, the court stla11o rdcr hi); in be detained lor a period of five years in the Certified Institution and m:ly crmvert any per%d of such detention, noi exceeding one year, in to a sen tenceor i mprisonrnen t : Provided ha! the total pct-iod,of detention 'and imprisonr~cnti,f any, shall no; exceed five years. . , , , Powcr n:' (i. (lj ,When the courl has o~.de[.e[dh e detention of a bcggai- in a court to Cenlfied Institution under section 4 or-scction5 , it may after making such dmin inqui~yas it thinks fit, order any person who is wholly dependent on such dcpendenrs. beggar to be dctaillrd in a ~elfified'lnstitution& r a like ycriod : Provided that before such an orcier is made such dependent or his exen& or gu&-dian,ifa ny, as the case may be, shall be given an opporiunily of showing caqe &hi it should not be made. , ' . , 0 . , . (2) Where, thz dependent person is a child above the age of ,,. five years, the cqurt shall .:onyard him to '[a Board constirutzd under section 3, of the Haryana Chi,ldlmeAn ct. 1974, for being dealt with under that Act.] -., . I. Report of 7. (I) he. i-ourt.w hich finds a person to be guilty under section 4 Medical or section 5 shrill, beforc passing any sentence of his committal to a Officer befta: e Certified Institution, send such person ro the medical officer incharge of cornmiltal. the local civil Hospital or to \he medical officer attached tu s Ceriified Institution, if any, and cali for a report ;bout his age, physical capacity for ordinary manuill libour and also whether'he is suffering from any infectious or contagious disease. . , . ' , . - . : (2) If Ih e rncdical officer ~errfiie r that the saidrpersoni s not , a child, is physjcaily capable of ordir~nrym anual labouiqa, nd is not s,uffering from any infec~iouso r contagioui di,sease, the court shall pass a sentence for a committal of such person to a Certified Institution. (3) If the medical officer reports that the said person is physically incapable of ordinary manual labour bur is not suffering from any infectious urcontngious disease, ~hecousrh~a ll pass a sentence for committiil of such person to a Special Home. (4) if the medica! officer reports that the said person is suffcting from any infcctious or contagious disease, the court shall a pass il srnwncc for co~llrniltalo f such person to Certified ~orne.' I. Suhs~i~utebdy H-laryana Act 27 nl' 1975. .-.- - 1971 : Haryana Act .9] PREVENTION r3F REGGAKY 67 8. Whoever escapes, rrorn a Certified Institution Lo which he Punisttmt: 113s been committed cn conviction under the provjsjons of this hat for cscapl . , before thc expiry of [he period for which he has hecn cotnmi [led, shall be punishable with imprisonment which may cxrend to ihree months. 9. Whoever employs -or causes any person lo solicit or receive I'cna~ry'f r alms, or whoever having the custody,'charge or care of a c.hild, connives employ in; at or enc,ourages the ernpluyment or the causing nf a child to solicit or pcrsun Tor bcg g ing . receive alms or whoever uses anorher person as an exhibit for the pulpose of begging, shul l on convictiun be punished with imprisonmefit for a tertn which may extend to thrcc years but which shall not b:: less than one year. 10. The provisions of '[Chapter XXXIII 01 the Code of Criminal Bonds. Procedure, 19731, shall so far as may be, apply LO bonds taken under this Act. , . . 11. An appeal or revision shall lie as provided in l(Ckapters XXTX Appeal. . and XXX of the Code cf Criminal P~qocedure 19731, from ally order of 'detention made under :his Ac 1. The period of dcten tion shall be deemed to be a sentence of imprisonment for thc samc period. . 12. If the State Government at any time, of its own mution or on Power ~o application made to it, is sgtisfied that a convicted undcr section rctcuse. 4 or sec~ion5 and cornmittcd tn a Certified institution bas been cured of the disease or is in ;I fit slate of health lo earn his living ar is otherwise fit EO be discharged before the expiry of rl~ep eriod for which he has been committed, the State Government may by order, direct that the persor: so detained shdl he I-eleased subject to such rest~ictionsa nd conditio~lsi, f any, as mzy, be specified in the order. 13. The State Government may provide and maintain one or more Rcceptio Reception Centres at such place or places us it thinks fi~a, nd may Centres. certify any institution to be a Reception Centre for the purposes of this Act. 14. (1) The State Government may provide and maintain one ar more Certified Institutions at such place or plzlccs as i~ rhinks fi~a,n d : may certify any institution to be a Certified Institution for rhc purposes of this Act. Any such Certified Ins~itutionm ay also provide for the :teaching bf agricultural, industrial and other pursuits, and for the ~encixl education ind medical 'care of the inmates. , 1. Subsfitu~edb y' ~rir~anA;rc t 27 01' 1975. 68 PKBVFK'TiON OF BEGGARY [I971 :H aryana Act 9 (21 Every Ce~ificdI nstitution and Reception Centre shall be under thc charge of a Superi~itenden~. Search in 15. The Superintendent of a Reception Centre or a Certified Recep~ion fnstilutian may ,orde.r that any pcrson reccived in the Reception Czritrc Cen trcs and o~C. er~iFiedI nstilutii)t~s hall he searched, cleansed, that his pel-sonal Clcrtil'ied effects shalI be inspected, and thal aily money or valuables found with lnstilutions. or on the s;~irlp erson shal I he kept in the custody of such Superi ntcnclenl, and that any effects nther than money or valuables so found shall bc disposed of in the prescribed manner. Where an order of detention is psseb by the court againsr any such persoll, rne Superintendent may order that any morlcy or valuables found with or on the sitid person shall be disposed of in the PI-escrihdm anner. Where ?he court passes 3n order other than an order of detention with regard to any such person, his money and valuables shall be returned :o him and if his clothing has been destroyed, he shall he provided with fresh ciothing. The cxpenses of providing such clothing shall bc borne ,by ihc State Government : Provided [hat a female shall be searched only by a fekale with due decency. Management 16. Persons remanded to, 01- detained in, Rcceptio~iC entres and arid Certified Institutions-under this Act sha!I be subject to such rules of discipline. management ancl discipline including the imposition of mar!ual or other , work and awarding of punishment as may, from time to time, be pies~rbie d. . . 17. Without prejudice to ally disciplinary action that may :bt:. taken undei the secrion imrnediatdy preceding, the Chief Inspector, the Inspector.or Superintendent rnay report tc the court the case of any person detained in u Certified Insti tutio~lw ho wilfully disobeys or neg!ects to comply wit!] any rule referred to in that section ; and the court may thereupon, if sntified that the said person has wilfully disobeyed or neglected to comply with any such rule, convert the balance of rhe period of his derention in a Cerlified Insti~u(iono r part thereof into a term of imprisonment. Appuinlmcnl 13. (I] bor carrying out the purposes, of this Act \he Slate of Chicf Government may appoint a Chief Inspector of Certified Institutions, lnspecrrlr Inspectors 2nd such numbcr of ~ssisiant Inspeclors nnd P~ubarion and rlthcr iluthr~ritica. OTficers as ii tl~inksf it to assist the Chief Inspector, and every pe!son so appointed to zlssisl rhe Chief Inspector shqll huvc the powers, and pel-form sllch of rhe dr~riesn l the Chicf Inspcc[or, ns rhe Slate 1971 : Haryana Ad93 PREC'ENrION BEGGARY 69 Government may direct, but shall ;~ctu nder the dircctions of the Chief Inspector-. (2) Every Certified Institution shall, ar least once in evcly six months; be inspected I>y the Chief Inspe-ctor. 19. (1) Subject lo candi~iansp rescribed, thc Chief Inspector may Tronsfe I direct any person detained in a Reception Centre or Cer1ifie.d institution from 01 Recepti to be transferred thercfrorn to another Rczcp~io~Cbe ntre 01- Certifier1 Centre Institution ill the State : Ucrti fie ( , Provided that the total period of detention of such person shaII in Instiluli anulher. no case be increased by such transfer. (2) 111 directing such transfer the Chief Inspector shall have regard to the medical certificate and the dircctions, if any, made hy the S tnte Government, or court under seclion 23. 20. (11 Sub;cct to such conditions as may be prescribed- (a) [he Chiel inspecror or the Supriintendenr of Ihc Ccrrified 1nsritul:on may at any time grani permission to 3. persoil detained ir! rl Certified Institution LO absent himseif for short periocis : and (b) the Chief Inspector may at any time release such person conditiunaily and issur: him 1: licence thei-efor. (2) Any such licence shail be in force until the expiry of the tern1 for which the person was ordered to be detained in a Certified Institution, unlcss sonner revoked. , (3) The period during which such person is absent from ;i Certified Institution by permission or by licence as aforesaid, shall, for the puvose of computing his term of detention in a Certified Inslitution, be deemed to be part of his detention. 21. (1) Subject to such conditions as may be prescribed, the Chief lnspector may ar any time revoke licence issued u:lder section 20, and thcrcupon the relc:ised pervon shall be detained in a Certified Instjtulion until the expiry of the term for which he had been ordered to be detained. (2) For the purpose of this section the Chief Inspector may, if necessary, cause the released person to be arrested and sent ro the nearest Reception Centre togelher with a copy of [he ordcr of detention, and thereupon the provisions of sub-section (I) of scctior122m ;ly apply. 70 PREVENTION CIF BEGGARY 12971 : IIa1'yana Ait 9 Procedure 22. (1) Subject to the provisions of sub-section (2) when a person on ardcr of has Seen 01-dered to be detained in a Ce~zifiedI nstiiution under section cletcnlior~c lr 4, seciien 5 0;-s ectio~6~, the court which ordcrcd the detenrion shall senrcncc of forthwil'n forward him ro the nc'mst Recepiion Cetl~rcw ith a copy of impnsan- thc order of detention. The person shall thcrzupon bc handed'over to ment. the custody of the Suprintendcdt ol the Receplion Centre and shall be dctained in the Reception Centre until he is sent [heref rom to a Certifkd Institution. (2) Whcn any such persor! has also been sentenced'Lo inlprjsonnlerit under sub-section (3) of scclion 5, or section 17; the coui-t passing the scntcnce of irnprisonment shall forthwith forward a wan-ant to a jail in which he is to be confined and shall fonvard him LO such jail with thc warrant tosether wi tll a copy of the order of detention. After the sentcncc of imprisonment is fully executed, the' officer executing it shall, if detention in a Certified Institulion for any period remains to be undergone by such person, forward him forthwith together with a copy of rhc order of detention to the nearest- Reception Centre, and [he-reupon the provisions of sub-section (2) shall apply. (3) In computing ihe period for which a person is ordered to bc detained in a Cerlificd lnslituiion thew shall be included thc period for which he is detained in a Reception Centre urrder this section. Medical 23. ( I) Where ir appebrs to the State Government that any beggar Examination detained in a Certified Institution under any order uf a coi~rti s of and delen- unsound mind or is a leper, the State Gdvernnient may by any orcler rlon of settir~gf orth the grounds of belief that the beggar is of unsound mind leprosy or a leper order his removal to a mental hdspital or leper asylum or paticnt~a nd lunnlsics. other place of safe custody, there to be kept and trested as Stale Government direcis during the remainder of the term for which he has been ordered to be detained or ,if on the expiration of that term it is certified by a medica! officer tha~it is necessary -for the suftLy of the beggar or of others that he shduld he furth=r detained under medical care or treatment, he shoi11db e detained until he is discl~;~rgeadcc ording to law. (2) Wherc it appcars to thc ~intGc ovc~nmcnrth at the beggar has ceased to bc of unsound mind, or is cured of leprosy, the State Governmenr shall, if he. is no longer liable to be kcp~in custody, order him LO be discharged. In c;lsc the beggru- is slill liable to be kept in custody the Statc Governmen[ shall, by an order direc~edto the person having charge of the bcggar, send hirn ro the Cc~*~ificIntsl titution from which hc w:ls I-ernovcd. 1971 : Hary ann Act 33 PREVENTION QF BEGGARY 7 1 (31 The provisions of section 31 of the Indian Lunacy Act, 191 2, and the provisions of section 14 of the 1,cpers Act, 1898, shall " apply lo every I~cggarc onfined ir! a mental hospital or lcper zsylum under sub-section (1) after the expiration of the period for which he w;ls ordered to bc deoained ; and the time during which a beggar is conf'ined in ;a menial hospital or lcper asylum under that sub-section stiall be reckoned as part of the period for rbhich he may have becri or-dercld by the Court to be dctained : L Provided [hat where :he removal of a beggar due to unsoundness of mind or leprosy is immecliateiy necessary, it shall be open to the :wthorities oPrhe inshrutio~iln ivhicll the beggar is delaincd to apply to a court having jurisdiction under the Indian Lunacy Act, 1912, or the LRpers Act, 1895, as the case may be, for an immediate order of fiis committal to a mental hospital or a lcper asylum. 24. (1) The State Government may direci any person detained Transfel in a Certified Institution to be transferred therefrom, to any Ins ti tution beween of a like nature in any other pad of India in rrspcct of which provision Ce"ifiec Ins~itutil simiInr to that in the State of Hmyana is made by the State Government of that part under any law in force therein : Provided that no person shall be transferred under this section to any other'State without the consent of the Government 01 rhai other State. (2) The State Government may, in consultation with the Superintendent of any Certified lnstiturior~c onsent to the transfer to that Institution of any person in respect of whom an order of detention has been made by a compctent authority in any other part of Jndia of the nature ofa n order made under this Act directir~gh im to be detained in a Certified Institution or Institution of a ltke nature and upon such transfer the provisiatls of !his Act shall apply to such persons. . 25. (1) Any Poi~ceO fficer or other person effecting, under sub- Seizure sec(ion (IJ of section 3, the arrcsi of a person who was found begging dis?osal rnay sene any animal the sore, wound, injury, deformity or disease of "Oirn"'": which was exposed or exhibited by such pel-son with rhe object of soliciting or receiving aims. (2) The Police Officer or other person effecting the seizure may rcmove such animal to any infirmary appointed under section 35 of thc Prcvcntion of Cruelty to, Animals Act, 1890, for detention therein pending orders nf the Cou1-t under sub-section (-7) : ( 72 PREVENTION OF' BEGGARY [I973 : Haryana Act 3 Provided that the other- person nay hhncl over the seized animal to il Police Officer if hc finds it cunvenien~. 1.3) The Court befclrc which the person found begging is brought may direct that the animal shall be: treated and cared for in such infirmary until it insf it for discharge or that it shall be senr to n pinjrapole, 01. if the veterinary officer incharse of the area in which the-animal is found or such other veterinary officer as has heen aulhorised by the rules made under section.1 5 of the Prcvtr.r~tiono f Cruelty to Animals Act, 1690, ceflifiw that it is incurable or cannot be removed without crue!ty, that it shall be destroyed ;a nd thc Court may also order that ntier reIea,cefrom rhe intinnary ihc animal may be confiscated. . , (4) An animal sent for care and trealment to any infirmary shall not, urlless the Court directs chat it shaIl bc sent ro a pinjrapole or rl';at it shall be destroyed, be released from such place except upon a certificate oli ts filness for ciischarge issued by the veterinzry clfficcr incharge of the area in which ihe infirmary is situated or such other veterinary ofiiccr as has been au!horised by rules made under section 15 of the Prevention of Cruelty to Ani~na!As ct, I SgO. Offences lo 26. The ,offences under sectioils 5 and 9 of this Act shall be be cogni -' cognizable and non-bailable. zahle hr~d non-bailable. Persons to 27. A11 persons empowered to perfomi any function under this Act be decmed si~allb e deemed td be public servants within the meaning of the Tndiar~ pubIic Penal Code, 1860 (XLV of 1860). servants. Visiting 28. For every Certified Institution, the State Government shall Cornmittcc. appoint a Visiting Committee in such manner as may be prescribed and assign such powers, duties and functions to the Committee as may be prescribed. If) , , Advisory 29. The State Government may,for the whille or m y part of Cornmi t~cc. the State. consti tuke an Advisory Committee consisting of such pcrsons, not exceeding elevcn in numbcl-, as il may appoint: Provided thal, where a lucal authority has agrccd to render such financial assistance as the State Govcrnrncnt miy consider, proper in each case, fnr the rnaintenancc of Cc~lifiedIn stitutions in which beggars from Ihe area subject to the jurisdiction of the local aurho;ily are deiained, the State Gcjvemment shaI! zppoint such i;r;mbcr of peiSGns , as it deems fit on the Advisory Committee for such area representing thc local authority. - (2) The Advisory Committee constituted under sub-section (1) in any area, or any member thereof, may visit at all reasonable times any Certified Institution, in which beggars from that area are detained., I. (3) The Advisory Comrnillcc may also,- (a] lender advice as regards management to any Certified Institution through the Chief Inspector or such orher officer as the State Government may specify ; (b) collect subscriptions cowards the recurring as well as non-recumng 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 ihc prescribed manner ; (c) advise the State Government, through the Chief Inspector, as regards the certification of any institution as"a Certified Insti totion or thc decertification of any Certified Institution within the area ; and {d) advise the State Government generally on the working of this Act in that m a a nd particularly on any point referred to it by the Chief Inspector or any other officer specified by the State Government. 30. No suit, prosecution or other legal proceedings shall lie Proteclio11 of against any person empowered to perform any funclion under this Act action taken for anything which is in good fkth done or intended to be done under undc' Act. this .4ct. 31. (1) The Stale Government may, by notification and subject Power ru totheconditionaf previouspublication makerules forcarrying out makerbles- the purposes of this Act. I (2j In particular, and without I pre . ju dice to the generality of t < . . the foregoing power, such ruIes may. provide for,- , , . ,- , (a) the manner of authorising a purpose, under clause (a] ofsection2; . ,. -- 'r ,.. I ; . . , , . . - :<;. ;*. I PR~vENnonO F BEGGA~Y 11971 : Hary ana Act 9 ' . . - . , -. . .. [b) the manner of keeping persons arresred dr"an1rn'~ls scized under sub-section ( I ) of section 3 or sub- section (I) of section 25, respectively ; . , .I (C) the, manner of making summary inquiry under sub- section (I)o f section 4 ; (dl the manner in which and the place at which the persons. sente~lcedu nder section 5 and section 17 shall scrvc their periods of imprisonment ; . -.,, .,.. - . {e) the manner of medical examination of beggars ; u] , , thc Ilianner in which the effects x d t he money 2nd valuables referred to jn section 15 shall be disposed . of ; , .' , '_. I. . . . . :,: (g) the management of CertifiedI nstitutions, the detention ' of persons commi tted t'o them and h em aintenance, care, treatment and instructions of such persons including all . matters relating to their labour and gcneral conduct ; (h) the management and discipline of persons detaincd in a Reception Centre br Certified Institution including the imposition of-m anual or other work and the awarding of punishment for breach of any rule made under this clause ; , , (i) the powers and duties of the officers appointed under section 18 ; (jl the conditions sub,j&t t'o which the Chief Inspector may direcl ~rmsfers'under;aectio1n9 ; (k) the conditions subject t6 w'hich a person may be released , on licence under set tioi 20; ' ' ,, ," (1) the con&t ions subjecr, to which a liccncc may be revoked under section 21, ; .c . . - ,. . ., : , . I ,., . the discharge of persons from Certified ~nstitutions:; (111) (n) the nature, ,incidents.: and,m aximum periods of the punishment to be imposed on persons detained in Certified Institutions for breach of any rules or for failure or neg iect to &e!I;p, t : e&ploymcnt outside such inst i tutions which miiy bIe!: :s,,:e. ~uredfo r them ; 1971 : Haryana Act 93 PREVE~ONO F BEGGARY 75 jo) the manner of appoinring a Visiting Committee under section 28,and the powers, duties and functions thereof ; (p) the appointment of Visi ting and Advisory Committees and assignment of powers, duties and functions of such cornmi t tccs ;a nd (q) any other matter whic h has to be or may he prescribed. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with imprisonment which may extend to onc month, or with fine which may extend to one thousand rupees, or with both. (3) Every rule rnade under this section shdl be laid as soon as may be after it is made before the State Legislature while it is in session for a total period of ten days, which may be comprised in one session or in two or more successjve sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees thaL the mle should not be made, the rule shall thereafter have effect only in such modified form or to be of no effect, as the caem ay be ; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule. 32. If any difficulty arises in giving effect to the provisions of Removal d this Act, the State Government may by order published in the Ofiicial difficulties. Gazette make such provision or give such direction as appears to it to be necessary for removing such dfficulty.