( 1 ) Whoever having been previously detained i n a Ceflified Penalty Institution in accordance with' the provisions of section 4 i s 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~~slitution for a period not less than one year and not more than three years.
66 PRBVENTIOK OF BBGliARY [I971 : Haryana Act 9 Powcr n:'
court to d m i n dcpendenrs.
Report of Medical Officer befta cornmiltal.
, , , , . (3) When a person i s convicted for rhe Lhird or subsequent tihc, the court stla11 ordcr 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~cnt, i f any, shall no; exceed five years. . , , , (i. ( l j ,When the courl has o~.de[.ed [he detention of a bcggai- in a Cenlfied Institution under section 4 or-scction 5 , i t may after making such inqui~y as it thinks fit, order any person who is wholly dependent on such beggar to be dctaillrd i n a ~elfified'lnstitution &r a like ycriod :
Provided that before such an orcier is made such dependent or his exen& or gu&-dian,if any, as the case may be, shall be given an opporiunily of showing c a q e & h i 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,ldlmen Act. 1974, for being dealt with under that Act.] -., I . .
7. ( I ) he. i-ourt. which finds a person to be guilty under section 4 or section 5 shrill, beforc passing any sentence of his committal to a :e Certified Institution, send such person ro the medical officer incharge of 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 I he rncdical officer ~err i fier that t h e saidrperson is not a child, is physjcaily capable of ordir~nry manual labouiq, and is not s,uffering from any infec~ious or 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, ~hecour~ shall 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 pass il srnwncc for co~llrniltal of such person to a Certified ~orne.'
I . Suhs~i~uted by H-laryana Act 27 nl' 1975. .-.- - 1971 : Haryana Act .9] PREVENTION r3F REGGAKY 67
8. Whoever escapes, rrorn a Certified Institution Lo which he , . 113s been committed cn conviction under the provjsjons of this hat 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 alms, or whoever having the custody,'charge or care of a c.hild, connives at or enc,ourages the ernpluyment or the causing nf a child to solicit or 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 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 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 application made to it, is sgtisfied that a convicted undcr section 4 or sec~ion 5 and cornmittcd tn a Certified institution bas been cured of the disease or is in ;I f it slate of health lo earn his living ar is otherwise fit EO be discharged before the expiry of rl~e period 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~ictions and conditio~ls, i f any, as mzy, be specified in the order.
13. The State Government may provide and maintain one or more Reception Centres at such place or places us i t thinks f i ~ , and may certify any institution to be a Reception Centre for the purposes of this Act.