18 ALA-42 Sec ti on
14. \' isit ing Com mitte e.
1-'. Appointme nt of Chief Ins pector. Deput y Ch ief Ins pect o r a nd P r o ba t i on O fficers.
16. Search in Rece iving Centres and certified institutions.
17. Ma nageme nt a nd d iscipline .
18. D isciplinar y impri sonment.
19. Transfer from one Rece iv ing Ce nt re o r ce rtified insti tutio n to anoth er.
20. Release o n lice nce .
21. Re vocation o f licence .
22. Un cond iti onal rele ase .
C H A PTE R IV :\liscel lancous
23. Pr ocedure on order o f de tention or sentence of im pri sonme nt.
24. Medical examination and detention of leprosy pat ients a nd lunatics.
25. Beggar to leave institution on ly on discharg e or per mission .
26. Pr ocedure 10 deal w it h abs co ndi ng beggars .
27. T ra nsfe r be tween ce rtified institutions and institutions of lik e nature in d iffere nt pa r ts o f India .
28. Otfences to be cog niza ble a nd non -bailable.
2~ . Persons to be deemed publi c servants.
329 Prea mb le Sect ion ASSAM PREVENTION OF BEGGING ACT, 1964* (Assam Act XVII of 1964) COl'OTENTS CH A PTER 1 p reflmin ar y I. Short title , exte nt and cu m menceme nt.
2. Defi nitions.
CII A PT ER II Procedur e for de ullng with beggar s and beggar otrcndcrs
3. Po wer s uf co urt.
4. Power to require p er so n fou nd beg ging to ap pe ar before co urt.
5. S ummary inqui ry in respec t of per son s fou nd begg ing and their detention .
6. Penall y fo r begging a f t e r detenti on as beg gar.
7. Offences to be tried sum marily.
8. Con tri but ion of pa rents.
9. Court ma y order dete ntion of persons wholly de pend ent o n begga r.
10. p ower o f St ate G overnme nt to ord er fur the r detent io n of inc urably he lple ss beggar s.
11. Pen alt y for employing u r causing persons to beg o r using t hem fo r p urposes of begging.
C HA P l"ER III Inst itut ions
12. Pro vi sion o f R c c e i v i ng Cent res .
13. Pro visi o n or cc r t ified in s ti tutio ns.
- - - -'* Publis hed in th e Assam G aze ll e , Extraordina ry. dated th e 11 th Augu st , IlJ&4.
[ Pre ambleN ORTH-EASTERN R~G ION L OCAL ACTS & RUL~S330
32. Power to ma ke rules.
33. Rem oval o f difficu ltie s.
30. Bonds to be taken under Act V of 1898.
31. Appeal s.
[ Receil'ed 111(' assent 0/ t ile President 011 t h« h i Augu st, 1964J An Act to pr uvirlc for the preven tion of bc g~i n~ in the S ta te of Assam and cer ta in matt ers co nne c ted there with Prea mble . Wher eas it is expedie nt to I'rovido for th e prevention o f beggi ng in the Sta te of Assam for de tentio n, training and employm ent of begga rs and their dependants in certain instit ut ions for the custod y, t ria l and pun ish men t of begga r offende rs ;
It is herebv enac te d in the Fifteenth Year of the Republic of India as foll ows: .
, CO;\l I\1ENTS Preamble. Thi s Ac t was enacted to prov ide fo r preve nt ion o f begging and certain matters connec ted the rewith . Desp ite the problem s of bcgging in epidemic form, thi s Act is not used in tha t intensity. T he Children's Act , 1960 (Central Act No . LX o f 1960) provi des for the ca re, protection, maintenance , we lfare , tra ining. ed ucati on and rehabili ta tio n of neg lec ted or delinquent children an d for th e trial o f d elinquen t children in the Unio n territories. The Assam Child ren's Ac t , 1970 has similarly been enacted with the same objects an d aims as that of the co rr esponding Central Act. The Assam Childrc n's Act . 1970 deals wit h cert ai n provisions as co ntained in the Assam Preven tio n of Begg ing Act.
1964, such as the pr ovisions relati ng to beggi ng. Say for exampl e the provis ions of S. II of the Begging Act a re in confo rm ity in its Objects with S. 42 of the Assam Children's Act , 1970. But ho weve r the Begging Act is a gene ral Act and the Chi ldren' s Act is confined to child re n only [the word " child" being defined in S. 2 (d) o f the Act], a nd to th a t extent on ly as provided unde r S. 60 of th e Children's Act , 1970, the Beg ging Act shall sta nd repea led . T he Assam !Jorsta l Ins titu tion Act, 1968 was enacted to provide for the detention an d trai ning of adolesce nt offende rs therein and ma tter s c onnected therewith. Th ere are other Cent ral Ac ts like the Reforma tory Sch ool Ac t, 1897, the Women' s a nd Child ren 's Institution (Licensing) Act, 1956, Suppression of Immoral Traffic in Wo men and G irls Act , 1956, the Orphan ages and othe r Ch arit able Homes (Su per vision and Cont ro l) Ac t, 1960. But all such Ce n tral Act s eithe r stand on different foot ing o r have co mp letely been cov ered by the Assam Chi ldren's Act , 1970.
CHA PT ER I Preliminary I. Short tit le, extent a nd commencement. ( I) This Act ma y be call ed the Assam Pr evention o f Begging ACI, 1964.
(2) It extends to th e ~hole of the State of Assam.
(3) It shall co me int o force in an y area of the State, Oil suc h date as the St at e Governm en t may , by notifi cati on in th e o ffic ia l Ga zette ap po int in t hat behal f for that a rea . ' ..~ .
S. 2] ASSAM PReVENTION OF BeGGING ACT, 1964 331
2. Definitions. In thi s Act, unl ess there is anything repugnant in the suhject or con text-
(i) " begging" means-s-
(a) soliciting or recei ving alms in a public place by aoy per son including childr en ;
(h) entering on any pri vat e premi ses for the purpose of sol i c iting o r receivin g al ms ; .
(c) exposing or exhib iting with the object of obta ining or extorting al ms, any so re, wou vd . i ni urv. deformity or disease of a hu man being;
(d) allowing oneself to be used as a n exhibit for th e purpose of soli citing o r receivin g alms;
but does not include solicit ing or recei ving money or food (cooked or uncooked ), grai n, c 'ot hing , gift o r any other thing of value for a purp ose autho rised by any law or autho rised in the manner pre scrihed by the Distr ic t Magistrate or by the State Govern ment :
Pr ovided tha t th e State Government may, by genera l or specia l orde r, di rec t that " begging" shall not include soliciting alms in or abo ut any temple or mosque or any ot her place under such terms and conditio ns and o n such occasio n as may be specified in the order;
(ii) "certified institu tion" mea ns any institution which the Stat e Government prov ides a nd maintains for the det en tion , training and empl oyment of beggars and th eir dependa nts, an d includes an inst itut ion certified to be such und er S. 13 :
(iii) "Chief Inspector " mea ns the person appointed to be the Chief Inspector of certifi ed institution under sub-So (I ) of S. 15 ;
(iv) " child" means a boy or girl who has not attained the age of sixteen yea rs;
(v) "Court" means a Court of Magistrate of a ny class, or a ny other court exerci sing criminal jurisdiction in the area in which the Act is in force ;
(vi) "Children's Court" means a co urt co nstit uted for the pur pose of exe rcising the powers and discha rgi ng the duties conferred o r imp osed o n such c ourt in relation to children who are either delinque nt, exploited, victimised, neglected, destitute or orphans and/o r beggars or vag ra nts ;
(vii) " prescr ihed" mean s prescr ibed by rul es made under this Act ;
(viii) " Probation Offi cer" means a ll officer appointed as a Pr oba tion Officer under this Act or und er th e Probation of Offen de rs Act, 1958 (Act 20 of 1958) ;
332 NORHI-EAsleRN ReGION L OCAL ACTS & RlJL~S [S.3 - -
(ix) " Children 's Home" means an institution establi shed for the purpose of reception and training of children who a re either exploited, victimised, neglected, destitute or orpha ns a nd/o r hegga rs or vagra nts;
(x) "public place" means any highway, publ ic park or garden , a ny rail way or hus sta tion, any ra ilway t rain or other vehi cle ca rrying passengers, any public bridge, road, lane. foo tway, square, cou rt, alley, or passage, whether a tho ro ughfare or not , and includes a ny open space to which for the time being the publi c have or are permitted to have a n access, whether on payment or otherwise ;
(xi) " Receiving Centre" mea ns an insti tu tion for the rece ption and tem pora ry detentio n of begga rs provided by th e State Government , or certifi ed to be such under S. 12 ;
(xii) " Superintendent" mea ns a Superintend en t of a receiving centre or a cert ified institution, as the case may be.
CHA PTER II Procednre for dea ling with beggar s and beggar offenders
3. Power of courts. The power s conferr ed on courts by thi s Act shall be exercised only by the High Cou rt, a Court of Session, a Dist rict Magistrat e, a Magistrate of the first cla ss, a Children 's Court, or any other court ex ercising crimi na l j urisdic tion in the area , and may be exe rcised by such cou rt s whethe r the case comes before them originally or on appeal or revision .
4. Power to require person found hegging to appea r hefor e court .
( I) Any police offic er, or other per son autho rised in this behalf in accorda nce with rules made by the Stat e Govern ment, may a rrest with out warr a nt an y per son who is found begging ;
Provided tha t no person entering on a ny pr iva te pre mises for the purpose of soliciting or receiving alms shall be so a rre sted or shall be liable to any pr oceedings unde r thi s Act, except upon a complaint by th e occ upier of the pre mises.
(2) Such pol ice officer or other person shall take or send the person so ar rested to a court.
(3) The provi sions of S. 61 of the Co de of Criminal Proced ure, 1898 (Act V of 1898), shall apply to every a rrest under this section, and the officer-in-cha rge of the police station sha ll ca use the a rrested person to be kep t in the pr escri bed ma nner until he ca n be brought before a COUTt .
S. Summary iuquiry in respect of persons found begg ing and their detention. (I ) Where a perso n who is brought before the court und er the last preceding sectio n is not proved to have previously been det ain ed in a certifi ed institu tion UJider the prov isions of this Act, the court sha ll ma ke a summa ry inquiry as regards the alleg ation that he was foun d begging.
The provisions of S. 202 of the Code of Criminal Procedure 1898 (Act V of 1898) shall, as far as prac ticab le, be followed for making such inquiry.
S. 5] ASSA~I P REVENTION Of D~Gli l!' G ACT, 1964 333
(2) If the inqu iry referred to in sub-So ( I) ca nnot be co mplete d fort hwith, the co urt may adjourn it from time to time and order the person to be rema nde d to such place and c ustody as may be conve nie nt.
(3) If on maki ng the inquiry referred to in sub -So(1) , the court is not sat isfied that the person was foun d begging, it shalt o rder that such person be released forthwith.
(4) If on mak ing the inq uiry referred to in sub-So ( I), the cou rt is sa tisfied that such person was foun d begging, it shall record a findi ng that the person is a beggar.
(5) The co urt shall orde r the per son fou nd to be a beggar under the last preced ing sub-sect ion to be detained in a certified insti tution for a pcriod of not less than six months, but not more than one and a hal f yea rs:
Provided that , if the cou rt is satisfied from the circu mstances of the case that the person found to be a begga r as aforesai d is not likel y to beg again, it may, after due admonition, release the begga r on a bond for the beggar' s abstaining from begging a nd being of goo d behav iour, being ex ecuted with or wi thout sureties as the court may require by the beggar or any othe r perso n whom the co urt considers suitabl e.
(6) In passing any orde r under the pr ovisions of this Act, the cou rt shall have regard to the followi og co nsiderations, that is to say-
(a) the age and cha rac ter of the beggar,
(b) the circu.nsta nces an d co nditions in which beggar was living,
(c) reports made by tbe Pr obation Officer, and
(d) such othe r matters as may, in the opinion of the co urt, re quire to be taken int o c onsideration in the interest of the:
begga r.
(7) The report of the Pr obation Officer or any othe r repo rt co nsider ed by the co urt under the sub-section immediately precedi ng, sha ll be treated as confidential :
Pr ovided tha t if such report relates to the cha racter, health or co n duc t of the begga r, o r the circumstances and conditions in whic h the beggar is living, the co urt may, if it th inks expedient, comm unicate the subs tance thereof to the begga r or (in case of depend ants) to the guard ian co ncerned, and may give th e begga r or the guardian, as the case may be, an opportun ity of producing evidence which may be relevant to the matters stated in the report.
(8) A co py of the order made unde r sub-So(5) sha ll be sent forth with to the Chi ef Inspector.
(9) Notw ith standing an ything in this section, when the person found to be a beggar as afo resa id is a child, being a child who is not und er the age of five years, the Cou rt shall hold an enquiry and if satisfied that such person- 334 N ORTH- EA STeR N R eGI ON L OCAL A CTS & R ut.es [S.6
(a) is found without having any home or set tled place of abode or means o f subsistence or has a pare nt o r gua rdian who by reason of crimi na l o r d run ken habit, or immora l o r depraved life is unfit to exerci se or does not exercise prope r care and control over th e child; o r
(b) is destit ute and bot h his parents o r his survivi ng pa rent. or in the case of an illegitimate ch ild . his mother, a re o r is unde rgoing imprisonment;
shall declare the pe rson to he a beggar and order him to be detained in a Child ren' s Home, o r such other institution as the State Government may sp ecify un t il suc h time as he attains the age of sixteen yea rs.
For th e purpose of ascertaining the age of the person , the co urt may, if necessary, cause th e beggar to be examined by a Medical Officer .
6. Penall y for begging afte r delenti on as heggar. (1) Whoev er having been prev iously detained in a certified instituti on under this Act is found beggin g sha ll, on conviction, he punished as hereina fter in thi s sectio n provided.
(2) When a per son is co nvicted for the first time under sub-S, (I ) th e court shall orde r him to he detained in a certified institution for a period o r not less than one year and not more th an one a nd a hal f years.
(3) When a person is convicted for the second o r subseq uent tim e unde r sub-So (I) , the co urt shall o rder him to he deta ined fo r a per iod of three years in a certified institution, and may convert any period of suc h detenti on (not ex ceeding one yea r) into a sente nce of impri so nment exte ndin g to a like period .
7. Offences to be tri ed summartly. All o ffences unde r th is Act except th ose under S. II sha ll be tried in a summa ry way.
8, Cont rib utio n of parents, (I) The cou rt, which ma kes an order for the detention of any person in a certified institution unde r S. 3 o r S, 6, may ma ke an order on the parent or other person liable to maintain bim to contribute to his maintenance, if able to do so, in th e ma nner prescribed .
(2) Before making any such' order the co ur t shall inquire into th e circumstances of the parent or other person liable to maintain him, and shall record evidence, if any, in the presence of the parent or such other person, as the case may be.
(3) Any order made under this section may , on an application made by the party liable or otherwise, be varied by the court.
(4) Any order made under this section may be enforced in the sam e manner as an order under. S. 48&. of the Code of Criminal Procedure, 1898 (Act V of 189g).
9. Court mal order det ention of per sons wholly depend ent on beggar. ( I) When the court has ordered the detention of a per son in a S. I I) ASSAM PREVENTION OF B EGGING ACT, 1964 335 ce rtifie d institution unde r S. 5 or 6 it may, a fter ma king such inq uir y as it thinks fit, ord er any perso n who is wholly depe ndent on such person to be det a ined in a certified in stitution for a like period:
Provided that before such o rde r is made such de pendent person sball be given an oppo rtunity of sho wing cause why it should not be matic o
(2) Wh ere a dependent per son is a child, the court shall order that the pe rson be deta ined in a Children's H ome or such other institut ion as the State Government ma y specify :
P rovided that where the depende nt pe rson is a beggar' s ow n child , being a child who is under the age o f five years, an d the beggar is an able bodied mother , not being a co nta gious leper or a lu natic , the child ma y be ordered to be detained in a ce rtified institution withou t being separated from the mother as regards the pl ace of detention un til it attain s th e age of five years an d ther eaft er th e child may be de tai ne d in a Child ren's Home or such other in st itution as the St ate Go vernment ma y spe ci fy for th e remai ning period o f detention of it s mother.
(3) Fo r the purpose of this sec tio n the court may if necessary ca use the de pendent pe rson to be arrest ed a nd hr ought befo re itself and cause to be examined by a Medical Officer. The provision s of S. 61 of the Cod e of Cri mina l Pr ocedure , 1898 (Ac t V of 1898) shall apply to eve ry arrest un der t hi s sub-sec tion, and the Office r-in-charge of the Police Sta tion sha ll cause the a rres ted person to be kept in the p rescribed ma nn er unt il he can be hrought before the court.
to. Pow er oC S ta te Gov er nmen t 10 ord er fur ther det enti on of incur ab l)"he lpless beg ~ars . When any perso n who is de tained in a certified institu tion under S. 5 or S . 6 o r S. 9 is conside red, whether on applica tion made by him to the State G over nment o r other wise. by the Sta te Gove rnment. to be blind . a cri pple, o r ott crwise incurably helpless. the St a te G ov ern ment may orde r tha t he shall , after the expiry of the period of h is det enti on , be furth er d eta ined indefinitely in a certi fied instit ution:
Provided that the Sta te Gove rnmen t may release any such inmate, if an y per son whom the Slate Gove r nment considers suitable, executes a bond wit h o r wi thout sure ties as the State Gove rnmen t may requi re, making himsel f respo nsible for the h ou sing and ma inte nance of suc h inmate, a nd for t he purpose o f begg ing.
11. Pe nalty fo r employi ng or ca using persons to beg or using them for purposes of begg ing . Wh oe ver employs or causes any pe rson to soli c it or rec e ive al ms , or wh oe ver ha ving the cu stody, cha rge o r ca re of a child, conn ives at o r encourages the empl oyment or the causing of a ch ild to so licit or rece ive alms o r whoever uses a nother perso n as an exhibit fo r the p ur pose of beggi ng , sha ll on co nviction, be pu nished wi th imprionmc nt for a term which may e xt end to one and a half years bu t which shall not be less th an six months.
Provide d th at a fema le shaJi he sea rc hed only by a fem ale , and with d ue rega rd to decency.
i IS. 11 CIIA PTER III N OkTlI-EASHRN ReGION L OCA1- A CTS & Ruw s336
16. Se arch in Recei ving Ce ntres and ce rtified ins ti tutions. ( I) The Superi ntendent o f a Rece iving Cen tre or a ce r tified in sti tution may order that a ny pe rso n received in the Receiving Centre o r ce rt ified institu tio n shall be sea rched, that he sha ll be clea nsed , tha t h is per sonal e ffects shall be inspec ted, and that any mon ey or va lua bles fou nd with or o n the person sha ll be kept in the cu stody of such Supcriut cndcnt, a nd thaI any effects othe r th an mo ney or valuab les so found shall be disposed of in the prescribed manner. Where an order of de tention is passed by the court against any such person, the S up erin tendent may order th at any money o r valuables found with or on the person sh .1 / be d isposed of in the prescri bed manner:
•
(2) When the co urt passes a n o rde r of d ischarge, his money and val uables shal l be returned to him, and if his clo thina has been dest rov - ed , he shall he provided with fr esh clothing. - .
An v s uch certified instituti on may include provision for the te ach ing of' agric ult u ral , indu stria l a nd o the r pur sui ts , and for the general educati on and medical care of thc inmates .
(2) Every Receiving Cen tr e o r certified instit ut io n shall, at least once in every six months, he inspec ted by the C hief Inspecto r o r the Deputy Chief Inspec to r, Instlturi ons
12. Provision of Ueceil'in J: Ce ntres . T h e S ta le G o vern lllent may provide and maintain one or mo re Recei ving Cen tres .11 such place or places as it thinks fit, and ma y ccrtifyany ins titut io n to be Receiving Centre for the purposes of this Act.
14. Vis iti ng Cn mmittee. For every Recei ving Cent re and every ce rtified in stitution , the State Go vernment shaJl appoint a Visiting Committee in such manner as may be prescribed .
13 Provision of certified institutions . The S tate Gove rnmen t may provide and maint a in o ne o r more certified instit uti o ns at s uc h place or places at it thinks fit , and may certify any instu ut ion to be a cer tified institution for thc purposes of thi s Act.
15. App ointm ent of Chief Inspector , Depu ty Chie f In spector and Probat ion Officers, ( I) For carryi ng o ut the purposes of this Act, the State G overn ment may a ppo int a Chief In spect or of ce rti fied ins ti t u tion s, a Deputy Chief Inspecto r o f certified instituti on s and such number of Pr obat ion Officers as it thinks fit to assis t the Chief Inspect or and every per son so a ppo inted to assist the Ch ief Inspecto r sha ll have such of thc po we rs and perform such of the duties of the Chief In spec tor as the State Governm ent d ire c ts, but shaJl act under the directi on of the Chief Insp ect or.
17. Management and discipline . Person s remanded to, or detai ned in Receiving Centres and certified inst itutions unde r this Act shall he subject to such rules of man agement and discipline including the imp osition of manual or othe r work a nd the awarding of punishme nt for bre ach of any such rul es as may, from time to time, be prescribed.
18. Disciplinar y imprisonment (I) Without prejudice to any disciplin ary action th at may be taken udder the sect ion immediately pre cedin g, the Chie f Inspect or , the Deputy Ch ief Inspector or the Superintendent may report to the court the case of any person detained in a cert ified institur ion who hab itu ally and willfully disobeys or neglect s to compl y with any rule referred to in tha t sectio n ; and the court may there upo n, if satisfi ed that the per son has wilfull y disobeyed or neglected to com ply with a ny such rule . conver t the balance of the period of his detention in a ce rtified ins titut ion or part thereof into a term of im prisonmen t.
(2) The sen tence of imp risonme nt ord ered as aforesaid shall be exe cuted in the same ma nne r as a se ntence passed under S. 6.
J9. Transfe r from one Rece ivin g Centre or certifi ed institu tion to anoth er . ( I) Su bject to the condi tion s pre scribed the Chief Inspector may di rect any pe rson detained in a Receivi ng Centre or certified in stitution to he transferred therefrom to an other Rec eiving Centre o r certified instituti on in the State:
Provided that the total peri od of detent ion of such person shall in no case be increase d by such transfer .
(2) In directing such t ransfer the Chief Inspector shall have regard to the medical certifica te and the directi ons, if an y, made by the State Government or co urt und er S. 24.
20. Release on licence. ( I) Subject to such conditions as are pre s cribed-
(a) the Chief Inspector or the Superintendent of the certified inst itu tion may at any time grant permission to a person detained in a certified instit ution to a bsent himself for short period s ; and
(b) the Chief Inspector may at a ny time relea se such person cond ition ally and issue him a licen ce the refor.
(2) Any such licence sha ll be in force until the expiry of the term for which the person was ordered to be detained in a cer tified institu tion , unless soo ner revoked .
(3) Th e period du ring which such perso n is absent from certified instit ut io n by permission or by licence as afore said shall, for the pur pose of co mputi ng his term of det entio n in a certified inst itution be deemed to he part of his detention .
21. -Revocat ion of licence. ( I) Subject to such condit ion s as a rc pre scr ibed the Chie f Inspect or may at any time re voke a licence issued under S. 20, and thereupon the released person shall be det ained in a certified institu tion unt il the expiry of the te rm for whic h he had been ordered to be det ained.
18 ALA--43 • f S. 21 ] ASSAM PREVENTION OF BEGGI NG ACT, 1964 337 , 338 NORTJI- EASTERN R EGION L OCAL A CTS & R ULES [S. 22
(2) Fo r the purpose of this section the Chicf Inspect or may, if necessa ry. cau se the re lease d pcr~on to he arre sted and sent to the nea rest Recei vin g Centre together ,..it h a co py o f the o rde r of dete nt io n, an d thereupon the provisions of sub-So( I ) of S. 23 shall, as far as may he, apply.
22. Unconditional r cl ca vc. At any tim e after the expiration of thre e months from the commen cem en t o f the release on licence o f any per so n under S. 20. ' he Chi ef Inspect or may, if he is satisfied that there is a probahil ity tha t such pe rson will abstai n from begg ing . recomme nd to the S tate Govern ment his un condit ion a l relea se . T he S ta te Govern men t may on suc h recommendati on rel ease such pc so n unco nd itionall y, and thereupon the ter m for which such person ha s been orde red to be detai ned in a certified insti tution sha ll he deemed to have expired .
C H A P TE R IV l\ l isc ellaucou s
23. Procedure 0 11 orde r of dctcnriun or se ntence of imprisonment.
( I) Subject to the pr ovisions of sub -So (2 ), when a pnson has been o rde red to be deta ined in a cert ified institution under S. 5 o r S . 6 o r S. 9, the court which orde red the de tention sha ll fort hwith forwa rd him to the nearest Rec eiv ing Cen tre with a copy o f the o rde r of detention.
The perso n s hall there upo n he handed over into the cus to dy of the Superintendent of the Receiving Ce ntre and sha ll be detained in the Receiving Cent re until he is sent therefrom to a ccrtilicd institution.
(2) When an y such per son has also bee n sentenced 10 impris onm ent, the court passing the sentence o f imp risonme nt shall for thw ith forwa rd a warrant to a jail in which he is to be co ntincd and shall forward him to such jail with warra nt toget her with a copy o f the o rder o f de ten tio n.
Arter the se nte nce o f imp rison-ncn t is fully execu ted , the office r execu t ing it shall , if detent ion in a certified inst itution for any pe rio d remains to be und ergone by such person , forwa rd him forthwith tog ether with the copy of the orde r of det ention t.) the near est Receiving Cent re, and the reupon the provisions ofs ub-S. ( I ) shall, as far as may be, a pply.
(3) In computin g the period fo r which a perso n is ordered to be detai ned in a certified institu tion, there shal l he included the peri od for which he is detai ned in a Receiv ing Centre under thi s sect ion.
24 . l\lrdica l ex amina tio n and det cnr lon of leprosy pati ents and lunat ics. (I ) Whe re it appea rs to the State Government that an y begga r de tained in a certified institution under anv o rder o f a cou rt is o f uns ound mind o r suffers from an y commun ica ble di sease s li ke leprosy, tube rculosis, venereal di sease etc . the State Governme nt may. by an order setti ng forth the grou nds of hel ief that the begga r is of unsound mind or suffers fro m leprosy, tuberculosis, venereal disease, etc.. order his remova l to a Mental Hosp ital o r a Leper Asylum or ot he r place of safe cust od y there to be kept and treated as the State G overnmen t dir ects dur ing the remainder of the term for which he has been ordered to be detained o r if, o n the ex piration of that te rm it is necessary fo r the safety of the beggar or of others that he should be further det ained under medic al care o r treatm ent, then until he is di sc ha rged acco rdi ng to law.
(2) Where it a ppea rs to thc Sta te G overnm ent th at the begga r has ceased to be o f u nsoun d mind , o r is cu red of leprosy, tu berc ulos is, veneral di seases erc. , the St are Govc rnm cnt sha ll by a n orde r direct the person hav ing charge of th e beggar , if st ill liable to bc kcpt in custody, send him to the ce rtified institution from which he was remov ed or to any other inst itution as the State Governm ent may decide ; or if the beggar is 11 0 longer liable to be kept in custody orde r him to be discharged . •
(3) Subj ect to thc prov isio ns of sub-S. (2) thc provisions o f S. 31 of th e India n Lunacy A CI, 191 2 (Act IV of 191 2) o r of S. 14 o f thc Lepers Act, 1898 (A ct III o f 1898), shall a pply to every beggar confined in a Ment al H ospit al or Le pcr Asylu m under sub-S. ( I) afte r thc expiration of the period for which he was ordered to be de tai ne d : a nd the time during which a hcggar is confine d in a Mental H ospit al o r Lep er Asylum undcr that sub-sec tio n sha ll be reckoncd as part o f thc pe riod for which he may have bcc n o rdc rcd by the court to be detained ;
P rovided that where the removal of a beggar d ue to un soundness of mind o r lepros y is immc dia tc ly nec essary, it sha ll be o pcn to the a utho ri ties of thc instit ut ion in which the begga r is de tained to apply to a court having j ur isdi ct io n und cr t he In dian Lunacy Act, 19J2 (A ct IV o f 19 12) , o r the Lepers Act , 1898 (Ac t III of 1898), a s the ca se may be, for a n immediate o rde r o f com mittal to a Mental Hospita l or a Le per A sylum until suc h tim e as thc o rd ers of th e State Government can be obta ine d in the matter.
S. 27J A SSAM P kEVE NTIO N OF DLGG ING ACT, 1964 339 /
25. Regg ar to leave lnv t itut lon only on disc harge or permissi on.
N o person who is admitt ed under the prov isions of thi s Act to anv institution shall leave it without an order of di scharge or without the written permission of the Superintendent of the institution .
26. Procedure to dea l with ahsco nding beggars . Whoeve r, in con travention of the provi sions of S. 25,. escapes from an institution to which he has been committ ed unde r the p rovisions of this Ac t, or fa ils t o return the reto after the expiry of the period of absence pe rmitted under sub-So (I) of S. 20 sha ll, on a repo rt from the Superin tendent of the Institution , be a r res te d by a ny police officer without warrant and sent ba ck to the Rece iving Centre o r certified in stitution, as the case may be.
27. Transfe rs betw een cer ti fied instituti ons and ins titu tions of lik e na lur e in differ ent parts of Ind ia . ( I ) T he State G overnment ma y d irect any person detained in a certified institution to be tran sfer red th er e fr om to any institutio n of a like natu re in a ny o the r part o f India in re spe ct of wh ich provisions simila r to t hat in the St at e of Assam is made by th e State Gove rn me nt o f th a t part undcr an y law in force th erein:
Provided that no person sha ll be trasferred un der thi s sectio n to a ny other Stat e wit ho ut the consent o f the G over nment o f that o the r State .
2) Th e State Government may, in co nsu ltatio n with th e Superin tendent of a ny certified inst itution , conse nt to the transfer .to that institution of any person in respect of whom an order of det ention has 340 NORTH-EASTERN R EGION LOCA L ACTS & RULES [S.28 been made by a competent au thority in any othe r pa rt of Indi a of the nature of a n order under this Act d irec ti ng him to be detained in a certified institution or insti tutio n of a like nature and upon such transfer th e pro visions of this Ac t shall apply to such perso n.
28. Offences to be cogoizable and non-bailable. Tne offences und er Ss. 6 and I I of this Act sha ll be cognizable and no n-bailable.
29. P ersons to be deemed public servant s . All persons empo wered to pe rform any function by this Act shall be deemed to be public servants within the meaning of S. 21 of the India n Penal Code.
30. Bonds to be taken und er Act V of 1898. The provisions of Chapter XLII of the Code of Criminal Procedure, 1898 (Ac t V of 1898) , shall, as far as may be, app ly to bonds taken un der this Act.
31. Appeals. For the purposes of appea l and rev isio n under the Code of Criminal Procedu re, 1898 (Ac t V of 1898), an or der of deten tion under this Act (including an order of detention under S. 5), sha ll be deemed to be a sentence of imprisonment for the sam e peri od.
32. Power to mak e rul es. ( I) The State Government may, by notificati m in the official Gazelle, and subject to the conditi on of pre vious publication, make rules fo r ca rryi ng ou t the pur poses of this Act.
(2) In particular and without prejudice to the generality of the fore going powers such rules may provide for all o r any of the foll owing matters, namely: .
(a) the manner of authorising a purpose under sub -S, ( I) of S. 2 ;
(b) the manner of keeping persons arres ted und er sub-So (3) of S. 4 or S. 9 ;
(c) the manner of making summary inqui ry under sub-So ( I) of S. 5;
(d) the manner in which contribution for the mai ntena nce of a person detained in certified institution may be ordered to be paid under sub-S. ( I) of S. 8 ;
(e) the manner of appointment of a Visiting Commi ttee under S. 14 ;
(f) the manner in which the effects and the mon ey an d va lua ble referred to in S. 16 shall be disposed of ;
(g) the management and discipline of persons de tai ned in -a Receiving Centre or certified institution includi ng -the imposition of manual or other work and the awarding of punishment for breach of any r ule made under this clause;
(h) the conditions subject to which the Chief Ins pector may direct transfer under S. 19 ;
(i) the conditions subject to which a person may be released on licence under S. 20 ;
(j) the conditions SUbject to which 'a licence may be revoked under S. 21 ;
, S. 33] A SSAM PREVENTI ON OF B EGGIN G A CT, 1964 341
(k) the manner of medical exami nation of beggars;
(I ) a ny other matt er which is required to be o r ma y be prescrib ed .
(3) Ever y rule made under this section sh all be laid , as soon as ma y be aft er it is ma de, befo re th e Assam Legislative Assembl y while it is in session for a tota l period of fourteen days which may be comprised in one session or in two successive sessions , and if. before the expi ry of the session in wh ich it is so laid or th e sess io ns immediately follow ing the Assam Leg isla tive Assembl y agree in making an y modificati on in the rule or the Assam Legislative Assembly agree that the rule should not be ma de, the rule shall the reafter have effect only in such modified form or be of no effect , as the cas e ma y be; so however, that any such modificat ion o r a nnulme nt shall be without prejudice to the validity of anyth ing pr eviou sly done under tha t rule.
33. Removal of dillicullics. If an y difficulty arises in giving effect to any of the p rov isio ns o f thi s Act, the State Governmen t may, by order published in the o ffi cial Gazett e, make such provi sion or give such direc tion as appears to it to he necessa ry for rem ov ing th e d ifficulty.