(1) The Stale Government may dirscl any person detained ln a Ce(ilied lnsl tulion 10 be kansierred lhereirom to any lnst tulion o, a like nalure in any other parl of ndia:
Provided lhat no person shall be translerred under this seotion lo any olher State withoul lhe consent ofthe Government olthat olher State.
(2) The Stale Govcrnment may, in consultalion wrth the Superiniendenl oi any Cerlilied lnst tulion, consent lo the lransier lo that Institulion oi any person in respecl of whom an order of detention has been made by a competent aulhority in any other part of lndla ol lhe nalure ol an order under this Acl direcling him 10 be deta ned in a Certified l.stitlrtion or institulion of a like nature and upon such transler, lhe provislons ol lhis Act shall apply to sLrch person.
28. il ) Every person ordered lo be detalned in a Cerlilied lnstilulion under this Acl shall at any time allow his linger prinls to be taken by the Superinlendenl of Police or any olficer empowered by him in this behall in any area lor wh ch a Superintendent of Police has been appoinled and by the Dislrict Magistrale or any Olflcer empowered by him in this behalf elsewhere.
(2) Whoever refuses io allow his finger prints to be laken under sub- Seclion (1) shall on conviction b,e liabie 1o have his period ot detention n a Certifled lnstitut on n01 exceeding lhree months conveded to a term of imprisonmenl extending to a like pcriod.
(3) The senlence of imprisonment ordered under sub'sect on (2) ol seclion 28 shali be executed in the same manner as a sentence passed under Sect on 6.
29 {1) Any police ofticer or other person effecling arrest under sub.
secl;on (1) ol Section 4,the arresl of a person who was lound begging may seize any animal with the sore,wound, iniury, delormity or disease of which was exposed or exhibiied by such person with lhe object oi oblaining or extorling alms 10 Ottences to be cognizable and non.bailable, Persois deetned to be public servants.
Bonds, Power to Make
(2) Ihe police oliicer or olher person allecting the arrest may rernove such animal to any inlirmary for detention therein pending iis production before a Court.
(3) The Courl belore which the person lound begging is brought may direct ihat lhe anlrnalshall be trealed and cared lor n such inlirmary Llntil it is,ii for dlscharge or lhat it shall be sent to a pinlrapole, or, il the veterina.y oliicer in charge of the area in which the animal s Iound or such other veterlnary olficer as has been aulhorised by the rLrles made under Sectioo 15 ol the Preventlon ol Cruelty lo Animal Act, 1960, certilies thar il is incurable or Cannol be removed without Cruelty, lhat il shall be destroyed and the Court may atso order ihat aiter release lrorn the ini nnary, the anlmal may be conliscated.
(4) An anlmalsent lor care and treatment to an infinnary shait not.
unless the Cou( dlrects that lt shall be senl to a pinlrapote or lhat ll slrall be deslroyed, be released lrom such place except upon a cerli,icate ol ttS litness tor dischargo issued by lhe velerinary otlicer ln charge ofthe area in which the inlirmary is situated or suchother velerinary otttcer as has been authorized by lhe Governmenl.
30. The oflences under Sectlons 6 and 1 1 ol th s Act shall be coonizab e and non-bailalrle
31. All persons empo\,lered to perlorm any funct on by this Act shall be . deemed to be public servanls wilhin the meantna of Sect oo 2j ol rne l.d.a- Del.al Code,(a5 ot 1860/
32. The provisions ol Chapter XXX oi the Code of Criminal procedure.
I973. shall so lar as may be, apply lo bonds laken uncier this Act.
(2 ol r 974).
33. For the pLrtpose of appealaad revisjon uncjer the Cocje oI Crirninal Procedure, 1973. an order ol detel,)tion under tl.ris Act incluciina an order o, detention under Seclion 4. shatl be deenrecl 1() be a sentence ol impflsonmenl [or lhe same periocl_
34.{l) The Slale Gove.nmenl rnay by notitication in lhe Ollioart Gazelle and subiect 1o the condition ol prevrouS pub iCatlon, make .ules ior carrying oul lhe purposds ol lhis Act
(2) ln particular and wilhoul prejLldice lo the generatily olthe loregoing powers, such r!les may provtde ,Or all or any Of the lollowing matters, namely: -
(a) the manner ol allhoaizing a purpose Lrnder claLrse (a) ol Seclron 2i
(b) lhe manner ol keeplng persons arrested under sLlb-section (3) oi seclion 4 or Seclion 9;
(c) the manner ol rnaking summary inqurry under sub-seclion (1) of section 5i
(d) the manner in whlch contribulion lor lhe maintenance ol a person detained in a Certliied tnstilution may be o.dered to be paid under sub-sectiorl (1) ol Section Bi
(e) lhe manner ol appoir'rling a Visiting Commrlree under Seciton 14i
(f) the conduct ol business by Advlsory Commr eesi 1l r
(g) the manner n which lhe eilects and the money and valuabLes referred to ln Seclion 17 shall be disposed oli
(h) the maoagemenl and discipline ofpersons rlelained in a Receiving ' Centre or-Ce,tiiied lnslilution including the imposition ol manual or otner worX arrd the awardinq of punishment for breach ol any rule made under this clause;
fit ii" aonaiiio"u ., oject to which Superintendent may direcl Iranslers Llnder Section 20;
1l) the conOitlons suUiect to'4hich a person may be re eased on llcence
(k) the condilions subjecl Section 22i
(l) the manner ol medical
(m) any other malter whlch under Section 21;
to which a licence may be revoked under examinalion ol beggar and ollenders;
js required lo be, or rlay be prescribed- Removal ol ditliculties.
(3) Every rule made under this sectlon shall imrnedra tely aiter il is made be laid before the State Legislature it it is Ln sess on and ll lt is nol in sesslon. ir the session irnmedlately iollowing for a tolal period ol lourteen days !'!hich may be cornprised in one session or in two .
suc""ssiue sessions, and il, before the expill/ ot lhe session in wliich it is so la d or lhe session imrnediately follo!rying' the House aglees in making any modilication in lhe rule or in the annulmenl ol the rule, lhe lule shall, therealter' have eitect only ln such modiiied torm or shatlstanO annulled as lhe case may be' so' however' lhat any such modiiicaiion or alroulment shallbe wilhout preiudlce to rhe validity ol any fhing previously clone under that rule
35. li a[1y difliculty arises in giving ellect lo the provislons ol ihrs Acl' the State Governmenl may by order published in lhe Oflicral Gaze!le mak-. such provision or give such dlreclioll as aPpears to it lo be necessary,or re'roving lhe dilticully' By Order ot the Goverrror' Tashi Wangdi, SSJS Leqal Flemelllbranccr_culn-Secretary Law' File No. 1 6(82)LD/97-2004 Plinled al Sikkm Govefinenl Ptcss GOVERNMENT SIKKIM EXTRAORDINARY PUBLISHED BY AUTHORITY GAZETTE Ganqtok wednesday 20'h March, 2019 No. 107 GOVERNMENT OF SIKKIIVI LAW DEPABTMENT GANGTOK No. 3/LD/19 The following Act passed by the assent of the Governor on 28'd day informatlonr- Date: 12.03.2019 NOTIFICATION Sikkirn Leglslative Assembly and having received the of February, 2019 is hereby publlshed lor general THE SIKKIM PBOHIBITION OF BEGGARY (AMENDMENT) ACT,2019 (ACT NO. 3 OF 2019) AN ACT to amend the Sikkim Prohibitlon of Beggary Act,2004.
BE it enacted by the Leglslature oi Sikkim in the Seventieth Year of the Republic of lndia, as fol ows:- Short title and 1.
commencemeni This Act may be called The Sikkim Prohibition of Beggary (Amendment) Act, 2019.
It shall come into force on the date of its publication in the Olficial Gazette.
2. ln the Sikkim Prohibition of Beggary Act, 2004, ior section 25 and the entries relatlng thereto, the iollowlng sha be substituted, namely:- 25 (1) Where it appears to the State Government that any beggar and ofienders detained in a Certified lnstitution under any order oi a Coult is of unsound mind, the State Government may by an order setting forth the grounds of beliei that the beggar and offenders is ol unsound mind, order his removal to a mental hospital or other place of safe custody, to be kept and treated as the State Government may direct during the remainder of the term ior which he has been ordered to be
(1)
(2) Amendment ol section 25 "Medical examlnation and detention ol mentally retarded person l detained or, ji on the expiration ol ihat term it is certified by a Medical Olflcer that it is necessary for the safety oi the Beggar and Offenders or of olhers that he should be further detained undel medical care or treatment, then until he is dlscharged according to law,
(2) Where it appears to the Stale Government that the beggar and oilenders has ceased to be of unsound mlnd, the Staie Government shall, by an orcler directed to the person having charge of the beggar and ofienders ji stlll liable to be kept ln custody and send him to the Ceriifled lnstitution irom which he was removed or jl the beggar and oflender is no longer liabLe to be kept in custody, order him to be discharged.
(3) The provisions o{ sectlon 40 of ihe l\4enial Health Act, 1987, shal apply to every beggar and ollenders conllned in mental hospilal under sub-seciion {1)afier the expiration oi the period for which he was ordered to be detained and lhe tlme during which a beggar and oifenders is coniined in a mental hospital undel that sub-section shall be reckoned as part of the period ior which he may have been ordered by the Court to be deiainedl
Provided that where the removal ol a beggar and ofienders due io unsoundness ol mind ls lmmediately necessary, it shall be open to the authorities of the lnstiiuiion in which the beggar and ofienders is delained to apply to a Court having jursdiction under the Mental Health Act, '1987, for as immediate order of commlttal to a mental hospital until such time and the orders of the State Government can be obtalned in ihe matter."
K. C. Barphungpa (SSJS), L.R-cum-SecretarY, Law Department.
s.c-P.G. - 107/con. zJcazette /100 Nos./ Dtr 20.03.2019.
THE SUBSEQUENT AMENDMENTS TO THE SIKKIM PROHIBITION OF BEGGARY ACT, 2004 (ACT NO. 4 OF 2006) AMENDED AND UPDATED UPTO MARCH, 2019.