(1) The court which fmds 2 person to be guilty under section 4 or section 5 shall, beforc passing any sentence of his committai to'a Certified Institution, send such person to the medical officer incharge of the local Civil Hospital or to the medical officer attached to a Certified Institution, if any, and cali fora report about his age, physical capacity for ordinary manual labour and also whether ‘he is suffering from any mfecuous or conlaglous disease.
: (2) If the medlcal officer certifies that the said, person is not a chlld, is physicaily capable of ordinary manual labour and is not suffenng from any infectious or contagious disease, the court shalt 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 but is not suffering from any infectious or contagious disease, the court shall pass a sentence for committal of such person to a Special Home.
(4) If the medical officer reports that the said person is suffering from any infectious or contagious disease, the court shall pass a sentence for committal of such person to a Certified Home.
1. Subsiituted by Haryana Act 27 of 1975, - 1971 : Haryana Act 9] PREVENTION OF BEGGARY 67
8. Whaever escapes, from a Certified Institution 1o which he has been committed cn conviction under the provisions of this Act before the expiry of the period for which he has been commitied, shall be punishable with imprisonment which may extend to three months.
9. Whoever employs-or causes any person lo solicit 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.
10. The provisions of [Chapter XX‘{IH of the Code of Cnmmdl Procedure, 1973}, shall so far as may be, apply to Donds taken under this Act. .
11. Anappeal orrevision shall lie as provided in '[Chapters XXIX and XXX of the Code of Criminal Procedure , 1973}, from any order of detention made under this Act. The period of detention shall be deemed to be a sentence of i |mpnconmenl for the same period.
12. Ifl‘he State Governmenl atany time, of its own motion or on application made to it, is satisfied that a persen convicted under section 4 or section 5 and committed to a Centified Institution has been cured of the diseasc or is in a fit state of health 1o earn his living ar is otherwise fit to be discharged before the expiry of the period for which he has besn committed, the State Government may by order, direct that the person so detained shall be released subject to such restrictions and conditions, if any, as may, be specified in the order.
- 13. The State Government may provide and maintain one or more Reception Centres at such place or places as it thinks fit, and may cerlify any institution to be a Reception Centre for the purposes of this Act. : -
14. ({) The State Government may provide and maintain one or more Certified Institutions at such place or places as it thinks fit, and may certify any institution to be a Certified Institution for the purposes of this Act. Any such Certified Institution may also provide for the ‘teaching of agricultural, industrial and other pursuits, and for the general education and medical care of the inmates.
1. Substituted by Haryana Act 27 of 1975.
Punishme for cscapt from Certified Instituvion Penaley’ fo employin;
persan for begging.
Bonds.
Appeal.
Power to retease.
Receptio Centres.
Instittia Search in Reception Centres and Certified Institutions.
Management and discipline.
Disciplindry imprisonment.
Appointment of Chief Inspector and other authorities.
68 PREVENTION OF BEGGARY [1971 : Haryana Act 9
(2) Evevy Ceriified Institution and Reception Centre shall he under the charge of a Superintendent.
15. The Superintendent of a Reception Cenlre or a Ceriified Institution may order that any person received in the Reception Centre or Certified Institution shall be searched, cleansed, that his personal effects shall be inspected, and that any money or valuables found with or on the said 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 detention is passed by the cowt against any such person, the Supcrintendent may order that any moncy or valuables found with or on the said person shall be disposed of in the prescribed manner. Where the court passes an order other than an order of detention with 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 cxpenses of providing such clothing shall be borne by the State Government :
Provided that a female shall be searched only by a fe'nnle with due decency.
16. Persons remanded to, or detained in, Reception Centres and Certified Institutions under this Act shall be subject to such rules of management and discipline including the imposition of macual or other |, - work and awarding of punishment as may, from time to time, be prescribed. .
17. Without prejudice to any disciplinary action that may be - taken under the scction immediately preceding, the Chief Inspector, the Inspector.or Superintendent tay report to the court the case of any person detained in a Cenified Institution who wilfully disobeys or neglects to comply with any rule referred to in that section ; and the court may thereupon, if satified that the said person has wilfully disobeyed or neglecled to comply with any such rule, convert the batance of the period of his detention in a Certified Institution or part thereof into a term of imprisonment.