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Section 7

The Haryana Prevention of Beggary Act, 1971 (9 of 1971)State Act of Haryana · Act 9 of 1971

(1) 'l-he court which finds a person t<l be guilty under section 4 or section 5 shall, trcfore passing any sentenc:e of his committal to a Certified Institution, send such person to the rnedical oificer incharge of the local Civil Hospital or to the medical of'ficer attached to a Certified lnstitution, if any, and call for a report aLrout his age, physical capacity for ordinary manual labour and aiso wltether he is suff'ering from tiny infectious or contagious disease.

(2) It the rnerJical officer certifies that the said person is not ii child, is physicaily capable of ordinary manual labour and is not suffering from any infectious or contagi<tus clisease, the court shall pass a sentenco ['or a conttnittal of such person to a Cel'tified lnstitution.

(:.?) If the medical officer reports that the said pet'son is physically incapable of ordinary manua! !abour hut is not suffering from any infectious or contagious disease, the r:ottrt shall pass a sentence tor committal of such person [o a Special Home.

(4) It the medicai officer reports thar the said person is sul'fbring frorn any infcctious or contagious disease, the court shall pzlss a sentence lbr c6nlmittel of such person io a Certified Hqme.

19V I : [Ian1'ana Act 9] PREVUNI'ION OF BE]CGARY

8. Whoever escapes, from a Certified Institution to lvhich he has been committed cn conviction lrnrler the provisions of this Aat betore the expiry of tlre period fbr which he ha..i becn cornmitied, shall be punishalrle with iinprisonrnent which may extend to tlrrce mrNrths.

9" Whoever employs or causes any persori ttl solicit r)r receivc aims, or vrhoever traving the custody, charge or care of a child, connives a[ cr encourages the errrployment cr the causing of a chilel to solicit or receive alrns or whoever uses another person as an exhibit for the purpose of begging, shall on ctxviction be pr"urished with imprisonrnent for a term whiclr rn;ry extend to three years br:t r.vhich shall not be less than one ycar.

10. The provisions r:f r[Chapter XXXTTI of the Corle of Criminal Procedure, 19737, shall so far as may be, apply to bonds taken under this Act.

11. An appeal or revision shall lie as providecl in 1[Chapters XXIX ancl XXX of i.he Code of Criminal Ptocedure . 19731, from any crder of detention made under this Aci. The lieriod rif detention shall tre deemed to be a scntence of imprisorlment for the same 1rcriod.

12" If the State Governrnent at $ny tirne, of its own motion or on application made to it, is satisfied that a person convicteci under section 4 or sectirin 5 and conrniitted to a Certified Institution hhs been cured of the ihsease <x is in a fit state of health t$ earn his !iving or is <lthet"wise fit to be discharged bef'ore the expiry of tl're period for which he has been c;olnmitted, the State Go'rernment may by order, dir:ect that the person so detained shall be released subject to such restrictions and conditions, if any, as rnay, be sper:ified in the orrler.

13" The State (iovernment may provicle and rnaintain one oi more R.eoeption Centres at such place or places as it thinks fit, and may certify any institution to be a Reception C"entre lbr the pulposes of this Act.

14" ( I ) The State Govemment may provide and maintain one or more Clertified Institr"rtions at such place or places as it thinks fit, and may certify any institution to be a Certified Institution fbr the purposes ol'ihis Act. Any such Certified institution mty also provicle for thr:

teaching of agricultural, inclustrial and other pursuits, and lbr the gencral orl',,.^r.l^- ,'^A *^A'.,,.'l ,'.,*^ ^f tL- l**,,+^^ 67 Punisltrne tirr esc:apr frrlnr Certified Institutiot Penaity fi emplr.ryin;

peison for begging.

Ilonds.

Appeal.

Fower to release.

Recepticr Centres.

Certifiec I ns(itutitr r PREVENTION OF I]ECGARY [197] : flaryana Act 9 Ssarch in ReceJrtion Centres and Certif ied Institutions.

Ivlanagement aricl disciplinc.

Disciplinary imprisr.in, ment.

Appointrncnt <.lf Chief Insprector and othcr.

authorities.

(2) F.v"cry certified Institi-rtion and Reception cer:trc shall be under the clrarqe ,:f a Superintenclent.

15. The superintendent of a Receptio,r centre or a Cerrified Institution may order that any pcr.on receive$ in rhe Rectrptio' ce*tre or ce.rified Instit*tir>n shall be searchetl, cleansed, that his glersonai etfbcis shall be inspecfed, and that airy money r:r valuables f.ound with or on the saicl person shall be kept in the custociy of sur:h supe.dnrendent, and tha.t any eff-ects other tlran money or valuahles so furur.rd shall bc dispr.rsecl of in the prescribed *onn"r. where an order of cietention is passecl by the couft against any such person, the superintencrent may order that any money or ,6rssf1"s founcl with or oii tt'," said person shall be disposed of in the prescribed manner. where the court passes an order other than an order of detention r,vith regard to any such person.

his money and vaiuables shall be rerurned ,o iii* ana ir his c'iothing has been ciestroyecr,. he shalr be pr'vicred with fresh crothing. The expenses clf providing such clothing shall bc borne ^hy the state Goven'lment :

Provideci that a femare shail be searched onry by a femare witrr due clecency.

16. Persons remantlecr to, o. cretained in, Receptio^ centr.es and Certified Insritritions unrler this Act shall be subjeci to such rules of managernent and discipline including the inrposition of marrual or other work and awarding r:f, punishment as may, from time to time, be prescribed 17" Without pre.judice ro any <iiscrplinar.y action that may bo taken uncle' the section irnmecliatery preceding, the chief Inspector, the Inspectoror superintendent may rcport to the court the case of any person detained in a certifieri Instit*tiorr ,,vho wilfuHy disobeys or neglects to i,,mply witrr any rure refen.ecr to in that section ; and the court may thereupon, if satified that the said person has wirfuriii disolicyed or neglected to compry with ,ny ,u*h rure, convert the balance of'the pericirJ of his detention in a certified Institution or parr therecf into a term oi, imprisonment.

Where this provision sits

ActThe Haryana Prevention of Beggary Act, 1971 (9 of 1971)
Section7
JurisdictionState of Haryana
StatusIn force as published by the source

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