MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 2nd June, 1960 G.S.R. 638.—In exercise of the powers conferred by section 2 of the Union Territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends to the Union terr i tory of Delhi, the Bombay Prevention of Begging Act, 1959 (Bombay Act No. X of I960) as at present ' in force in the State of Maharashtra, subject to the following modifications, namely: — Modifications
1. Throughout the Act, except as hereinafter provided, for the expression "State Government", the expression "Chief Commissioner" shall be substituted;
and there shall also be made in any sentence in which that expression occurs such consequential amendments as the rules of g rammar may require.
• 2. For sub-sections (2), (3) and (4) of section 1, the following sub-sections shall be substituted, namely: — "(2) It extends to the whole of the Union terri tory of Delhi.
(3) It shall come into force on such date as the Chief Commissioner may, by notification in the Delhi Gazette, appoint."
3. In section 2—•
(a) in clause (i) of sub-section (1), for the words "in Greater Bombay by the Commissioner of Police, and elsewhere by the District Magistrate, or in any part of the State by the State Government" occurring at the end, the words "by the Deputy Commissioner or such other officer as may be specified in this behalf by the Chief Commissioner" shall be substituted;
(b) after clause (ii) of sub-section (1), the following clause shall be inserted, namely: — " ( i i - a ) 'Chief Commissioner' means the Chief Commissioner of Delhi;"
(c) for clauses ( iv) , (v) and (vi) of sub-section (1), the following clauses shall ue substituted, namely: — "( iv) 'ch I has the meaning assigned to it in the Children Act;
(v) 'Chi; . an Act' means the law for the time being in force in the Ur l terri tory of Delhi relating to neglected or delinquent children ana providing for their care, protection and other mat ters ;
(vi) 'Court ' means any Court exercising criminal jurisdiction in the area in which this Ast is in force;"
(d) sub-section (2) shall be omitted.
4. In section 3, the words "a Presidency Magistrate" shall be omitted and for the .words "a Juveni le Court", the words "a Court constituted under the Children Act''' shall be substituted.
5. In sections 4(3) and 9(3) , the words "or section" shall be omitted.
6. In section 5, for sub-section (9), the following sub-section shall be" substituted, namely: — "(9) Notwithstanding anything in this section, when the person found to be a beggar as aforesaid is a child who is not under the age of five years, the Court shall not make any order under sub-section (5) but forward the child to a Court constituted under the Children Act for being dealt with under that Act. For the purpose of ascertaining the' age of the person, the Court may, if necessary, cause the beggar to be examined by a medical officer."
7. In section 9, sub-section (2), for the portion other than the proviso, the following shall be substituted, namely: — "(2) Where the dependent person is a child, the Court shall forward him to a Court constituted under the Children Act for being dealt with the reunder : " V Â J, • v b. In section 15—
(a) in sub-section (1), the words, brackets and figures ''for any area in which this Act has come into force in the manner provided in sub section (3) of section 1" shall be omitted; m
(b) in the proviso to sub-section (1), the words "for such area" shall be omitted;
(c) in sub-section (2), the words "in any local area" and the words "from that area" shall be omitted;
(d) in sub-section (3) —
(i) in clause (b) , the words "within the local area, or in which, beggars from that area, are detained" shall be omitted;
(ii) in clause (c ) , the words "within the local area" shall be omitted; and
(iii) in clause (d) , the words "in that area" shall be omitted.
9. In section 16—
(a) in sub-section (1), for the words "State Government", the words "Central Government" shall be substituted; and
(b) in sub-section (2), for the words "State Government" occurring for the „ _ second time, the words "Central Government" shall be substituted. ^"^
10. In section 18, for the words "the State Legislature" the word "Parl iament" shall be substituted.
11. In section 21, sub-section (1), for the word "State", the words "Union terri tory of Delhi" shall be substituted.
12. In section 28, for sub-section (1), the following sub-section shall be substi tuted, namely: — • " (1) The Chief Commissioner may direct any person detained in a Certified Institution to be transferred therefrom to any Institution of a like na ture in any other par t of India in respect of which provision similar to that in the Union terr i tory of Delhi is made by the Govern ment of that part under any law in force therein:
Provided that no person shall be transferred under this section to any par t of India without the consent of the State Government in the case of a State and the Administrator in the case of a Union terr i tory."
13. In section 29, for sub-section (1), the following sub-section shall be substi tuted, namely: — "(1) Every person ordered to be detained in a Certified Institution under this Act shall at any time allow his finger-prints to be taken by the District Magistrate or any Officer empowered by him in this behalf."
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14. In section 35— '
(a) in sub-section (1), for the words "Official Gazette", the words Gazette" shall be substituted;
'Delhi
(b) in clause (f) of sub-section (2) , for the words "Advisory Committee", the words "the Advisory Committee' shall be substituted; and
(c) sub-section (3) shall be omitted.
15. In section 36, for the words "Official Gazette", the words "Delhi Gazette" shall be substituted.
16. The Schedule shall be omitted.
ANNEXTJRE ' The Bombay Prevention of Begging Act, 1959, as extended to the Union terri tory of Delhi. , BOMBAY ACT No. X OF 1960 An Act to consolidate and amend the law relating to beggars for the purports of making uniform and better provision for the prevention of begging in the State of Bombay and for matters connected therewith.
Whereas it is expedient to make uniform and better provision for the pre vention of begging in th» State of Bombay; for the detention, training and V employment of beggars and their dependants in certain institutions; for the custody, tr ial and punishment of beggar offenders; and for these and other purposes to consolidate and amend the law relating to beggars It is hereby enacted in the Tenth Year of the Republic of India as follows : —
CHAPTER I PRELIMINARY
1. Short title, extent, commencement and repeal of corresponding laws and provisions.— (1) This Act may be called the Bombay Prevention of Begging Act, 1959.
(2) It extends to the whole of the Union terr i tory of Delhi.
(3) It shall come into force on such date as the Chief Commissioner may, by notification in the Delhi Gazette, appoint.
2. Definitions.— (1) In this Act, unless the context otherwise requires—
(i) "begging" means—
(a) soliciting or receiving alms in a public place, whether or not under any pretence such as singing, dancing, fortune-telling, performing or offering any article for sale;
(b) entering on any private premises for the purpose of soliciting or receiving alms;
(c) exposing or exhibiting, with the object of obtaining or extorting alms.
any sore, wound, injury, deformity or disease whether of a human being or animal;
(d) having no visible means of subsistence and, wandering about or remaining in any public place in such condition or manner, as makes it likely that the person doing so exists by soliciting or receiving alms;
(e) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms; :
but does not include soliciting or receiving money or food or gifts for a purpose authorised by any law, or authorised in the manner prescribed by the Deputy Commissioner or such other officer as may be specified in this behalf by the Chief Commissioner.
(ii) "Certified Insti tution" means any institution which the Chief Commis sioner provides and maintains for the detention, training and employment of beggars and their dependants, and includes an institution certified to be such under sub-section (1) of section 13;
(ii-a) 'Chief Commissioner' means the Chief Commissioner of Delhi;
(iii) "Chief Inspector" means the person appointed to be the Chief Inspector of Certified Institutions under sub-section (1) of section 17, and includes an Additional Chief Inspector appointed under that section;
(iv) 'child' has the meaning assigned to it in the Children Act,
(v) 'Children Act' means the law for the t ime being in force in the Union territory of Delhi relating to neglected <s£br delinquent children and providing for their care, protection and other matters;
(vi) "Court" means any Court exercising criminal jurisdiction in the area in which this Act is in force; '
(vii) "prescribed" means prescribed by rules made under this Act;
(viii) "Probation Officer" means an officer appointed to be a Probation Officer under sub-section (1) of section 17;
(ix) "public place" includes a railway compartment;
,..., (x) "Receiving Centre" means an institution for the reception and temporary "detention of beggars provided by the Chief Commissioner, or certified to be such under sub-section (1) of section 12;
(xi) "Super intendent" means a Superintendent of a Receiving Centre or a Certified Institution, as the case may be.
(O) * * * $ * If! * * * 4
CHAPTER II.
m PROCEDURE FOR DEALING WITH BEGGARS AND BEGGAR^ OFFENDERS
3. Powers of Courts.-—The powers conferred on courts by this Act shall be exercised only by the High Court, a Court of Session, a Magistrate of the first class, a Court constituted under the Children Act, or any other Court exercising criminal jurisdiction in the area, and may be exercised by such courts whether the case comes before them originally or on appeal or revision.
4. Power to require person found begging to appear before Court.— (1) Any police officer, or other person authorised in this behalf in accordance with rules made by the Chief Commissioner, may arrest without a war ran t any person who is found begging:
Provided that, no person entering on any private premises for the purpose of soliciting or receiving alms shall be so arrested or shall be liable to any pro- , ceedings under this Act, except upon a complaint by the occupier of the pre mises.
(2) Such police officer or other person shall take or send the person so arrested to a Court. ,
(3) The provisions of section 61 of the Code of Criminal Procedure, 1898, (V of 1898) shall apply to every arrest under this section, and the officer in charge of the police station shall cause the arrested person to be kept in the prescribed manner until he can be brought before a Court.
5. Summary inquiry in respect of persons found begging and their detention.—
(1) Where a person who is brought before the Court under the last preceding section is not proved to have previously been detained in a Certified Institution under the provisions of this Act, the Court shall make a summary inquiry, in the prescribed manner, as regards the allegation that he was found begging.
(2) If the inquiry referred to in sub-section (1) cannot be completed forth with, the Court may adjourn it from time to time and order the person to be remanded to such place and custody as may be convenient.
(3) If on making the inquiry referred to in sub-section (1), the Court is not satisfied that the person was found begging, it shall order that such person %5— released forthwith. ;
(4) If on making the inquiry referred to in sub-section (1), the court is satisfied that such person was found begging, it shall record a finding that the person is a beggar.
(5) The Court shall order the person found to be a beggar under the last preceding sub-section to be detained in a Certifies Institution" for a period of not less than one year, but not more than three year*
Provided that, if the Court is satisfied from the circumstances of the case that the person found to be a beggar as aforesaid is not likely to beg again, it may after due admonition release the beggar on a bond for the beggar's abstain ing from begging and being of good behaviour, being executed with or without sureties as the Court may require by the beggar or any other person 'whom the Court considers suitable.
(6) In passing any order under the provisions of this Act, the Court shall have regard to the following considerations, that is to say—
(a) the age and character of the beggar,
(b) the circumstances and conditions in which the beggar was living,
(c) reports made by the Probation Officer, and
(d) such other matters as may, in the opinion of the Court, require to be taken into consideration in the interest of the beggar.
(7) The report of the Probation Officer or any other report considered by £h,e V-°Hrt u n d e r the sub-section immediately preceding, shall "be treated as con fidential : I
Provided that if such report relates to the character, health or conduct of or the circumstances and conditions in which, the beggar is 'living the Court may if it thinks expedient, communicate the substance thereof to the beggar or (in 5 case of dependants) to the guardian concerned, and may give the beggar or the juardian , as the case may be, an opportunity of producing evidence which may be relevant to the mat ters stated in the report.
(8) A copy of the order made under sub-section (5) shall be sent forthwith to the Chief Inspector.
(9) Notwithstanding anything in this section, when the person found to be a beggar as aforesaid is a child who is not under the age of five years, the Court shall not make any order under sub-section (5) but forward the child to a Court constituted under the Children Act for being dealt with under that Act.
For the purpose of ascertaining the age of the person, the Court may, if necessary, ,cause the beggar to be examined by a medical officer.
6. Penalty for begging after detention as beggar.— (1) Whoever, having been previously detained in a Certified Institution under this Act is found begging, shall on conviction be punished as hereinafter in this section provided.
(2) When a person is convicted for the first t ime under sub-section (1) the Court shall order him to be detained in a Certified Institution for a period of not .
less than two years and not more than three years.
(3) When a person is convicted for the second or subsequent t ime under sub-section (1), the Court shall order him to be detained for a period of ten years in a Certified Institution, and may convert any period of such detention (not exceeding two years) into a sentence of imprisonment extending to a like period.
7. Offences to be tried summarily,—All offences under this Act except those under section 11 shall be tried in a summary way.
3. Contribution of parents.—(1) The court, which makes an order for the detention of any person in a Certified Institution under section 5 or section 6, may make an order on the parent or other person liable to maintain him, to contribute to his maintenance, if able to do so, in the manner prescribed.
(2) Before making any such order the Court shall inquire into the circum stances 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 m.':y be.
(3) Any order made under this section may on an application, made by the par ty liable, or otherwise, be varied by the Court.
(4) Any order made under this section may be enforced in the same manner as an order under section 483 of the Code of Criminal Procedure, 1898 (V of 1898).
9. Court may order detention of persons wholly dependent on beggar. (1) When the Court has ordered the detention of a person in a Certified Institution under section 5 or section 6 it may, after making such inquiry as it thinks fit order any other person who is wholly dependent on such person to be detained in a Certified Institution for a like period: „
Provided tha t before such order is made such dependent person shall be given an opportunity of showing cause why it should not be made.
(2) Where the dependent person is a child, the Court shall forward him to a Court constituted under the Children Act for being dealt with thereunder :
Provided that where the dependent person is the beggar's own child beim a child who is under the age of five years, and the beggar is an able bodied mother, not being a contagious leper or lunatic, the child may be ordered to be detained in a Certified Institution without being separated from the mother as regards the place of detention, until it attains the age of five years, and there after dealt wi th as provided in this sub-section.
(3) For the purpose of this section, the court may if necessary cause t he dependent person to be arrested and brought before itself and caused ' to be examined by a medical officer. The provisions of section 61 of the Code of Criminal Procedure, 1898 (V of 1898) shall apply to every arrest under this sub section, and the officer in charge of the police station shall cause the arrested person to be kept in the prescribed manner until he can be brought before a \s 0 111 t.
10. Powers of State Government to order further detention of incurably help less beggars.—When any person who is detained in a Certified Institution undej# section 5 or section 6 or section 9 is considered, whether on an application made s_̂ by him to the Chief Commissioner or otherwise, by the Chief Commissioner to be blind, a cripple, or otherwise incurably helpless, the Chief Commisioner may order that he shall, after the expiry of the period of his detention be further detained indefinitely in a Certified Institution:
Provided that the Chief Commissioner may release any such inmate if any per son whom the Chief Commissioner considers suitable executes a bond, with or without sureties as the Chief Commissioner may require, making himself res ponsible for the housing and maintenance of such inmate, and for preventing him from begging or being used for the purpose of begging.
11, Penalty for employing or causing persons to beg or using them for pur poses of begging.—Whoever employs or causes, any person to sol ic i ts or receive alms, or whoever having the custody, charge or care of a child, connives at or encourages the employment or the causing of a child to solicit, or receive alms or whoever uses another person as an exhibit for the purpose of begging, shall on conviction be punished with imprisonment for a term which may extend to ^ _ three years but which shall not be less than one year. • \
CHAPTER III RECEIVING CENTRES AND CERTIFIED INSTITUTIONS
12. Provision of Receiving Centres.— (1) The Chief Commissioner may provide and maintain one or more Receiving Centres at such place or places as it thinks fit, and may certify any institution to be a Receiving Centre for the purposes of this Act.
(2) Every such Receiving Centre shall be under the control of a Superin tendent.
13. Provision of Certified Institutions.— (1) The Chief Commissioner may p r o vide and maintain one or more Certified Institutions at such place or places as he thinks fit, and may certify any institution to be a Certified Institution for the purposes of this Act. Any such Certified Institution may include provision for the teaching of agricultural, industrial and other pursuits, and for the general education and medical care of the inmates.
(2) Every such Certified Institution shall be under the charge of a Superin tendent.
14. Visiting Committees.—For every Receiving Centre and every Certified Institution, the Chief Commissioner shall appoint a visiting committee in such manner as may be prescribed.
15. Advisory Committees.— (1) The Chief Commissioner may constitute an Advisory Committee consisting of such persons, not exceeding twenty-one in number, as he may appoint:
Provided that, where a local authority has agreed to render such financial.
assistance as the Chief Commissioner may consider proper in each case, for the ^ maintenance of Certified Institutions in which beggars from the area subject to the jurisdiction of the local authori ty are detained, the Chief Commissioner shall appoint such number of persons as he deems fit on the Advisory Committee representing the local authority.
(2) The Advisory Committee constituted under sub-section (1) or any mem ber thereof, may visit at all reasonable times and after due notice to the Superin tendent, any Certified Institution in which beggars are detained.
(3) The Advisory Committee may also— v
(a) tender advice as regards management, to any Certified Institution through the Chief Inspector or such other officer as the Chief Com missioner may specify;
(b) collect subscriptions towards the recurring as well as non-recurring expenses of any or all Certified Institutions and disburse the collec tions in the prescribed manner ;
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(c) advise the Chief Commissioner, through the Chief Inspecror^as regards the certification of any Institution as a Certified Institution ox the de-certification of any Certified Insti tution;
(d) advise the Chief Commissioner generally on the working of this Act, and part icularly on any point referred to it by the Chief Inspector or any other officer specified by the Chief Commissioner.
16. Payment of contribution by local authorities and recovery thereof.— (1) Notwithstanding anything contained in any law for the time being in force, any local authori ty which has agreed to pay a certain sum of money for the mainte nance of a Certified Institution shall make payment of that sum to the Central Government before a date prescribed in that behalf.
(2) If any sum is not paid by a local authori ty before the prescribed date, the Chief Commissioner may make an order directing any person, who for the time being has custody of any moneys on behalf of the local authori ty as its officer, t reasurer , banker or otherwise to pay the sum from such moneys as he may have in his hands or may from time to time receive, to the Central Govern ment, and such person shall be bound to obey such order. Every payment made pursuant to such order shall be sufficient discharge to such person from all liability to the local authority in respect of any amount paid by him out of the moneys of the local authori ty so held by him.
17. Appointment of Chief Inspector, Additional Chief Inspector, Inspectors Assistant Inspectors and Probation Officers.— (1) For carrying out the purposes of this Act, the Chief Commissioner may appoint a Chief Inspector of Certified Institutions, an Additional Chief Inspector of Certified' Institutions, an Inspector and such number of Assistant Inspectors and Probation Officers as he thinks advis able to assist the Chief Inspector; and every person so appointed to assist the Chief Inspector shall have such of the powers, and perform such of the duties, of the Chief Inspector as the Chief Commissioner directs but shall act under the direction of the Chief Inspector.
(2) Every Receiving Centre and Certified Institution shall, at least once in every six months, be inspected by the Chief Inspector, Inspector, Assistant Ins pector or a Probat ion Officer.
18. Search in receiving Centres and Certified Institutions.—The Superintendent of a Receiving Centre or a Certified Institution may order that any person received in the Receiving Centre or Certified Institution shall be searched, that ho, shall be cleansed, that his personal effects shall be inspected, and that any money or valuables found with or on the person shall be kept in the custody of such Superintendent , and that any effects other than money or valuables so found shall be disposed of in the prescribed manner . Where an order of deten tion is passed by the court against any such person, the Superintendent may order that any money or valuables found with or on the person shal l be disposed of in the prescribed manner. Where the court passes an order other than an order of detention wi th regard to any such person, his money and valuables shall be returned to him, and if his clothing has been destroyed, he shall be provided with fresh clothing. The expenses of providing such clothing shall be paid out or moneys provided by the Parl iament:
Provided that a female shall be searched only by a female, and with due regard to decency.
19. Management and discipline.—Persons remanded to, or detained in, Receiving Centres and Certified Institutions under this Act shall be subject to such rules of management and discipline, including the imposition of manual or other work and the awarding of punishment for breach of any such rules, as may, from time to time, be prescribed.
20. Disciplinary imprisonment.— (1) Without prejudice to any disciplinary action that may be taken under the section immediately preceding, the Chief Inspector, the Inspector or Superintendent may report to the court the case of any person detained in a Certified Institution who habitual ly and wilfully disobeys or neglects to comply with any rule referred to in that section; and the court rr.ay thereupon, if satisfied that the person has wilfully disobeyed or neglected to comply with any such rule, convert the balance of the period of his detention in a Certified Institution or pa r t thereof into a term of imprisonment.
(2) The sentence of imprisonment ordered as aforesaid shall be executed in the same manner as a sentence passed under section 6.
21. Transfer from one Receiving Centre or Certified Institution to another.—
(1) Subject to conditions pa-escribed, the Chief Inspector may direct any person detained in a Receiving Centre or Certified Institution to be transferred there from to another Receiving Centre or Certified Institution in the Union Territor of Delhi. '** -. L **•'*
Provided that the total period of detention of such person shall in no case be increased by such transfer.
(2) In directing such transfer the Chief Inspector shall have regard to the medical certificate and the directions, if any, made bj? the Chief Commissioner or court under section 26.
22. Release on licence.— (1) Subject to such conditions as are prescribed,—•
(a) the Chief Inspector or the Superintendent of the Certified Institution may at any time grant permission to a person detained in a Certified Institution to absent himself for short periods, and
(b) the Chief Inspector may at any time release such person conditionally and issue him a licence therefor.
(2) Any such licence shall be in force until the expiry of the term for which the person was ordered to be detained in a Certified Institution, unless sooner revoked.
(3) The period during which such person is absent from a Certified Institu tion by permission or by licence as aforesaid shall, for the purpose of computing his te rm of detention in a Certified Institution, be deemed to be pa r t of his detention.
23. Revocation of licence.— (1) Subject to such conditions, as are prescribed, the Chief Inspector may at any time revoke a licence issued under section 22, and thereupon the released person shall be detained in a Certified Institution 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 to the nearest Receiving Centre together with a copy of the order of detention, and thereupon the provisions of sub-section '1) of section 25 shall as far as may be apply.
24. Unconditional release.—At any t ime after the expiration of three months from the commencement of the release on licence of any person under section 22, the Chief Inspector may, if he is satisfied that there is a probability that syjph person will abstain from begging, recommend to the Chief Commissioner his unconditional release. The Chief Commissioner may on such recommendation release such person unconditionally, and thereupon the te rm for which such person had been ordered to be detained in a Certified Institution shall be deemed to have expired.
CHAPTER IV MISCELLANEOUS
25. Procedure on order of detention or sentence of imprisonment.— (1) Subject to the provisions of sub-section (2), when a person has been ordered to be detained in a Certified Institution under section 5 or section 6 or section 9, the court which ordered the detention shall forthwith forward him i to the nearest Receiving Centre with a copy of the order of detention. The p e r s o n ^ h a l l there upon be handed over into the custody of the Superintendent of the Receiving-' Centre and shall be detained in the Receiving Centre until h e is sent therefrom to a Certified Institution.
(2) When any such person has also 'been sentenced to imprisonment, the court passing the sentence of imprisonment shall forthwith forward a war ran t to a jail in which he is to be confined and shall forward him to such jail with the war ran t together with a copy of the order of detention. After the sentence of imprisonment ] is fully executed, the Officer executing it shall, if detention in a Certified Institu tion for any period remains to be undergone by such person, forward him forth with together with the copy of the order of detention to the nearest Receiving f Centre, and thereupon the provisions of sub-section (1) shall as far as may fte apply. ' '" I
(3) In computing the period for which a person is ordered to be detained in a Certified Institution, there shall_ be included the period for which he is detained | in a Receiving Centre under this section.
26. Medical examination and detention of leprosy patients and lunatics.— • 1) Where i t appears to the Chief Commissioner tha t any beggar detained in a . certified Institution under any order of a court is of unsound mind or a leper, the Chief Commissioner may by an order sett ing fourth the grounds of belief that the beggar isj)f unsound mind or a leper, order his removal to a menta l hospital •or leper asylum or other place of safe custody, the re to be kept and treated as the Chief Commissioner directs during the remainder of the t e rm for which h e has been ordered to be detained or, if on the expiration of that term,, i t is certified by a medical officer tha t it is necessary for the safety of the beggar or of others t h a t he should be fur ther detained under medical care or t reatment , then unti l he is discharge-"according to law.
(2) Where i t appears to the Chief Commissioner tha t the begger has ceased to be of unsound mind, or is cured of leprosy, t he Chief Commissioner shall, by an •order directed to the person having charge of the begger if still l iable to be kept in custody send him to the Certified Institution from which he was removed or if the beggar is no longer liable to be kept in custody, order h im to be discharged.
(3) The provisions of section 31 of the Indian Lunacy Act 1912, (IV of 1912) or [subject to the provisions of sub-section (2 ) ] of section 14 of the Lepers Act, 1898, (HI of 1898) shall apply to every beggar confined in a menta l hospital or leper asylum under sub-section (1) after the expiration of the period for which he was ordered to be detained; and the t ime dur ing which a beggar is confined in a mental hospital or leper asylum under that sub-section shall be reckoned as p a r t of the period for which he may have been ordered by the Court to b e detained:
Provided tha t whe re the removal of a beggar due to unsoundness of mind or leprosy is immediately necessary, it shall be open to the authorit ies of the Inst i tu tion in which the beggar is detained to apply to a court having jurisdiction under the Indian Lunacy Act, 1912, (IV of 1912), or the Lepers Act, 1898, (III of 1898):
as the case m a y be, for an immediate order of committal to a menta l hospital or a leper asylum until such t ime as the order? of the Chief Commissioner be obtained in the mat ter .
"27. Arrest of person escaping from Receiving Centre or Certified Institution.— Any person who leaves a Receiving Centre or a Certified Institution without the permission of the Superintendent thereof, or fails to re tu rn thereto after t he •expiry of the period of absence permit ted under sub-section (1) of section 22, may b e r r res ted by any police officer without war ran t or by an officer of the Receiving ~ j ^ .
•Centre or Certified Institution authorised in this behalf by the S4aAe-Gov^pn-me4>t ^$v\*J> and sent back to the Receiving Centre or Certified Institution, as the case majj *f~—
28. Transfers between Certified Institution and Institution of like nature in different parts of India.— (1) The Chief Commissioner may direct a n y person detained in a Certified Institution to be transferred therefrom to any Institution of a like nature in any other par t of India in respect of which provision similar to . t ha t in the Union terr i tory of Delhi is made by the Government of t ha t pa r t under any law in force therein;
Provided tha t no person shall be transferred under this section to any p a r t of India without the consent of the State Government in the case of a State and the Administrator in the case of a Union terri tory.
(2) The Chief Commissioner may, in consultation wi th the Super intendent of any Certified Institution, consent to the transfer to that Institution of any person in respect of whom an order of detention has been made by a competent au tho r i ty in any other pa r t of India of the na ture of an order under this Act directing h im to be detained in a Certified Institution or insti tution of a like na tu re and upon such transfer, the provisions of this Act shall apply to such person.
29. Power to the finger prints.— (1) Every person ordered to be detained in a Certified Institution under this Act shall at any t ime allow his finger-prints to be taken by the District Magistrate or any Officer empowered by h im in this behalf.
(2) Whoever refuses to allow his 'finger prints to be taken under sub-section
(1) shall on conviction be liable to have his period of detention in a Certified Institution not exceeding three months converted t o a t e rm of imprisonment • ' extending to a l ike period.
(3) The sentence of imprisonment ordered under sub-section (2) shall be exe cuted in the same manner as a sentence passed under section 6.
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30. Seizure and disposal of animals exposed or exhibited for obtaining or extorting alms.—(1) Any police officer or other person, effecting under sub-sec tion (1) of section 4 the arrest of a person who was found begging may s e i z S ^ any animal the sore, wound, injury, deformity or disease of which was exposed or exhibited by such person with the object of obtaining or extorting alms.
(2) The police officer or other person effecting the arrest may remove such:
animal to any infirmary appointed under section 6B of the Prevention of Cruelty to Animals Act, 1890 (XI of 1890), for detention therein pending its production before a Court.
(3) The court before which the person found begging is brought may direct that the animal shall be t rea ted and cared for in such infirmary unti l it is fit for discharge or that it shall be sent to a pinjrapole, or, if the veter inary officer j n charge of the area in which the animal is found or such other veter inary ofnceras has been authorised by the rules made under section 15 of the Prevention of Cruelty to Animals Act, 1890 (XI of 1890) certifies that it is incurable or cannot beremoved without cruelty, tha t i t shall be destroyed; and the court may also order that, after release from the infirmity, the animal may be confiscated.
(4) An animal sent for care and t reatment to an infirmary shall not, unless \ the court directs that it shall be sent to a pinjrapole or tha t it shall be destroyed, be released from such place except upon a certificate of its fitness for discharge issued by the veter inary officer in- charge of the area in which the infirmary is situated or such other veter inary officer as has been authorised by rules made under section 15 of the Prevention of Cruelty to Animals Act, 1890 (XI of 1890).
31. Offences to be cognizable and non-bailable.—The offences under sections 6 and 11 of this Act shall be cognizable and non-bailable.
32. Persons to be deemed public servants.—All persons empowered to perform * any function by this Act shall be deemed to be public servants within the mean ing of the Indian Penal Co.de. (XLV of 1860).
33. Bonds taken under Act V, of 1898.—The provisions of Chapter XLII of the Code of Criminal Procedure, 1898 (V of 1898), shall, so far as may be, apply to bonds taken under this Act.
34. Avpeals.-—For the purposes of appeal and revision under the Code of Criminal Procedure, 1898 (V of 1898) an order of detention under this Act e x cluding an order of detention under section 5) , shall be deemed to be a sentence of imprisonment for the same period.
35. Rules.— (1) The Chief Commissioner may by notification in the Delhi Gazette, and subject to the condition of previous publication, make rules for car ry ing out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters , namely: — . (a) the manner of authorizing a purpose under clause (i) of sub-section
(1) of section 2;
(b) the manner of keeping persons arrested under sub-section (3) of section , 4 or section 9;
(c) the manner of making summary inquiry under sub-section (1) of section 5;
(d) the manner in which contribution for the maintenance of a person detained in a Certified Institution m a y be ordered to be paid u n d e r sub-section (1) of section 8;
(e) the manner of appointing a visiting committee under section 14;
(f) the conduct of business by the Advisory Committee;
Cg) t he da te before which payment shall be made under sub-section (1) of section 16;
(h) the manner in which the effects and the money and valuables referred to in section 18 shall be disposed of; •"
(i) the management and discipline of persons detained in -a Receiving Centre or Certified Institution including the imposition of manua l or o ther work and the awarding of punishment for breach of any rule made under this clause;
(j) the conditions subject to which the Chief Inspector may direct transfers under section 21;
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(k) the conditions subject to which a person may be released Ots licence under section 22;
(1) the conditions subject to which a licence may be revoked under section 23;
(m) the manner of medical examination of beggars;
(n) any other, matter which is required to be or may be prescribed.
(3) * * * »*
36. Removal of difficulties.—If any difficulty arises in giving effect to the pro- K visions of this Act, the Chief Commissioner may by order published in the Offietcct- f>-e: '•£%[ Gazette make such provision or give such direction as appears to it to be necessary for removing the difficulty.
[No. F. 3/8/59-Judl.II.)
[U. T. L. 24.]
K. R. PRABHU, Dy. Secy , • • • • • " \ GMGIPND—DME- 67HA-18-6-60— £00.
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