{ "id": 229, "slug": "assam-prevention-of-begging-act-1964", "title": "ASSAM PREVENTION OF BEGGING ACT, 1964", "short_title": "The Assam Prevention of Begging Act, 1964", "act_number": "XVII", "act_year": 1964, "act_type": "STATE", "location": "Assam", "law_status": "valid", "enactment_date": "1964-01-01", "description": "The Assam Prevention of Begging Act, 1964", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "An ACT", "chapter": null, "content": "An Act to provide for the prevention of begging in the State of\nAssam and certain matters connected therewith\nPreamble. Whereas it is expedient to provide for the prevention of\nbegging in the State of Assam for detention, training and employment\nof beggars and their dependants in certain institutions for the custody,\ntrial and punishment of beggar offenders;\nIt is hereby enacted in the Fifteenth Year of the Republic of India\nas follows:", "footnote": "[Received the assent of the President on the 1st August, 1964]\n*Published in the Assam Gazette, Extraordinary, dated the 11th\nAugust, 1964.", "is_definition": false, "sort_order": 0 }, { "number": "1", "title": "Section 1(1)", "chapter": null, "content": "1. Short title, extent and commencement. (1) This Act may be\ncalled the Assam Prevention of Begging Act, 1964.", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "1", "title": "Section 1(2)", "chapter": null, "content": "(2) It extends to the whole of the State of Assam.", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "1", "title": "Section 1(3)", "chapter": null, "content": "(3) It shall come into force in any area of the State, on such date as\nthe State Government may, by notification in the official Gazette,\nappoint in that behalf for that area.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "2", "title": "Section 2", "chapter": null, "content": "2. Definitions. In this Act, unless there is anything repugnant in\nthe subject or context-", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "2", "title": "Section 2(i)", "chapter": null, "content": "(i) \"begging\" means-\n(a) soliciting or receiving alms in a public place by any\nperson including children;\n(b) entering on any private premises for the purpose of soli-\nciting or receiving alms;\n(c) exposing or exhibiting with the object of obtaining or\nextorting alms, any sore, wou d. iniurv. deformity or\ndisease of a human being;\n(d) allowing oneself to be used as an exhibit for the purpose\nof soliciting or receiving alms;\nbut does not include soliciting or receiving money or food (cooked\nor uncooked), grain, clothing, gift or any other thing of value for\na purpose authorised by any law or authorised in the manner\nprescribed by the District Magistrate or by the State Govern-\nment:\nProvided that the State Government may, by general or special\norder, direct that \"begging\" shall not include soliciting alms\nin or about any temple or mosque or any other place under\nsuch terms and conditions and on such occasion as may be\nspecified in the order;", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "2", "title": "Section 2(ii)", "chapter": null, "content": "(ii) \"certified institution\" means any institution which the State\nGovernment provides and maintains for the detention,\ntraining and employment of beggars and their dependants,\nand includes an institution certified to be such under S. 13;", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "2", "title": "Section 2(iii)", "chapter": null, "content": "(iii) \"Chief Inspector\" means the person appointed to be the\nChief Inspector of certified institution under sub-S. (1) of\nS. 15;", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "2", "title": "Section 2(iv)", "chapter": null, "content": "(iv) \"child\" means a boy or girl who has not attained the age\nof sixteen years;", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "2", "title": "Section 2(v)", "chapter": null, "content": "(v) \"Court\" means a Court of Magistrate of any class, or any\nother court exercising criminal jurisdiction in the area in\nwhich the Act is in force;", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "2", "title": "Section 2(vi)", "chapter": null, "content": "(vi) \"Children's Court\" means a court constituted for the pur-\npose of exercising the powers and discharging the duties\nconferred or imposed on such court in relation to children\nwho are either delinquent, exploited, victimised, neglected,\ndestitute or orphans and/or beggars or vagrants;", "footnote": "", "is_definition": false, "sort_order": 100 }, { "number": "2", "title": "Section 2(vii)", "chapter": null, "content": "(vii) \"prescribed\" means prescribed by rules made under this\nAct;", "footnote": "", "is_definition": false, "sort_order": 110 }, { "number": "2", "title": "Section 2(viii)", "chapter": null, "content": "(viii) \"Probation Officer\" means an officer appointed as a Proba-\ntion Officer under this Act or under the Probation of Offen-\nders Act, 1958 (Act 20 of 1958);", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "2", "title": "Section 2(ix)", "chapter": null, "content": "(ix) \"Children's Home\" means an institution established for the\npurpose of reception and training of children who are either\nexploited, victimised, neglected, destitute or orphans and/or\nbeggars or vagrants;", "footnote": "", "is_definition": false, "sort_order": 130 }, { "number": "2", "title": "Section 2(x)", "chapter": null, "content": "(x) \"public place\" means any highway, public park or garden,\nany railway or bus station, any railway train or other vehicle\ncarrying passengers, any public bridge, road, lane, footway,\nsquare, court, alley, or passage, whether a thoroughfare or\nnot, and includes any open space to which for the time being\nthe public have or are permitted to have an access, whether\non payment or otherwise;", "footnote": "", "is_definition": false, "sort_order": 140 }, { "number": "2", "title": "Section 2(xi)", "chapter": null, "content": "(xi) \"Receiving Centre\" means an institution for the reception\nand temporary detention of beggars provided by the State\nGovernment, or certified to be such under S. 12;", "footnote": "", "is_definition": false, "sort_order": 150 }, { "number": "2", "title": "Section 2(xii)", "chapter": null, "content": "(xii) \"Superintendent\" means a Superintendent of a receiving\ncentre or a certified institution, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 160 }, { "number": "3", "title": "Section 3", "chapter": null, "content": "3. Power of courts. The powers conferred on courts by this Act\nshall be exercised only by the High Court, a Court of Session, a District\nMagistrate, a Magistrate of the first class, a Children's Court, or any\nother court exercising criminal jurisdiction in the area, and may be\nexercised by such courts whether the case comes before them originally\nor on appeal or revision.", "footnote": "", "is_definition": false, "sort_order": 170 }, { "number": "4", "title": "Section 4(1)", "chapter": null, "content": "4. Power to require person found begging to appear before court.\n(1) Any police officer, or other person authorised in this behalf in\naccordance with rules made by the State Government, may arrest with-\nout warrant any person who is found begging:\nProvided that no person entering on any private premises for the\npurpose of soliciting or receiving alms shall be so arrested or shall be\nliable to any proceedings under this Act, except upon a complaint by\nthe occupier of the premises.", "footnote": "", "is_definition": false, "sort_order": 180 }, { "number": "4", "title": "Section 4(2)", "chapter": null, "content": "(2) Such police officer or other person shall take or send the person\nso arrested to a court.", "footnote": "", "is_definition": false, "sort_order": 190 }, { "number": "4", "title": "Section 4(3)", "chapter": null, "content": "(3) The provisions of S. 61 of the Code of Criminal Procedure, 1898\n(Act V of 1898), shall apply to every arrest under this section, and the\nofficer-in-charge of the police station shall cause the arrested person to\nbe kept in the prescribed manner until he can be brought before a\ncourt.", "footnote": "", "is_definition": false, "sort_order": 200 }, { "number": "5", "title": "Section 5(1)", "chapter": null, "content": "5. Summary inquiry in respect of persons found begging and their\ndetention. (1) Where a person who is brought before the court under\nthe last preceding section is not proved to have previously been detain-\ned in a certified institution under the provisions of this Act, the court\nshall make a summary inquiry as regards the allegation that he was\nfound begging.\nThe provisions of S. 202 of the Code of Criminal Procedure 1898\n(Act V of 1898) shall, as far as practicable, be followed for making such\ninquiry.", "footnote": "", "is_definition": false, "sort_order": 210 }, { "number": "5", "title": "Section 5(2)", "chapter": null, "content": "(2) If the inquiry referred to in sub-S. (1) cannot be completed\nforthwith, the court may adjourn it from time to time and order the\nperson to be remanded to such place and custody as may be convenient.", "footnote": "", "is_definition": false, "sort_order": 220 }, { "number": "5", "title": "Section 5(3)", "chapter": null, "content": "(3) If on making the inquiry referred to in sub-S. (1), the court is\nnot satisfied that the person was found begging, it shall order that\nsuch person be released forthwith.", "footnote": "", "is_definition": false, "sort_order": 230 }, { "number": "5", "title": "Section 5(4)", "chapter": null, "content": "(4) If on making the inquiry referred to in sub-S. (1), the court is\nsatisfied that such person was found begging, it shall record a finding\nthat the person is a beggar.", "footnote": "", "is_definition": false, "sort_order": 240 }, { "number": "5", "title": "Section 5(5)", "chapter": null, "content": "(5) The court shall order the person found to be a beggar under the\nlast preceding sub-section to be detained in a certified institution for a\nperiod of not less than six months, but not more than one and a half\nyears:\nProvided that, if the court is satisfied from the circumstances of the\ncase that the person found to be a beggar as aforesaid is not likely to\nbeg again, it may, after due admonition, release the beggar on a bond\nfor the beggar's abstaining from begging and being of good behaviour,\nbeing executed with or without sureties as the court may require by the\nbeggar or any other person whom the court considers suitable.", "footnote": "", "is_definition": false, "sort_order": 250 }, { "number": "5", "title": "Section 5(6)", "chapter": null, "content": "(6) In passing any order under the provisions of this Act, the court\nshall have regard to the following considerations, that is to say-\n(a) the age and character of the beggar,\n(b) the circunstances and conditions in which beggar was living,\n(c) reports made by the Probation Officer, and\n(d) such other matters as may, in the opinion of the court,\nrequire to be taken into consideration in the interest of the\nbeggar.", "footnote": "", "is_definition": false, "sort_order": 260 }, { "number": "5", "title": "Section 5(7)", "chapter": null, "content": "(7) The report of the Probation Officer or any other report consider-\ned by the court under the sub-section immediately preceding, shall be\ntreated as confidential:\nProvided that if such report relates to the character, health or con-\nduct of the beggar, or the circumstances and conditions in which the\nbeggar is living, the court may, if it thinks expedient, communicate the\nsubstance thereof to the beggar or (in case of dependants) to the guard-\nian concerned, and may give the beggar or the guardian, as the case\nmay be, an opportunity of producing evidence which may be relevant to\nthe matters stated in the report.", "footnote": "", "is_definition": false, "sort_order": 270 }, { "number": "5", "title": "Section 5(8)", "chapter": null, "content": "(8) A copy of the order made under sub-S. (5) shall be sent forth-\nwith to the Chief Inspector.", "footnote": "", "is_definition": false, "sort_order": 280 }, { "number": "5", "title": "Section 5(9)", "chapter": null, "content": "(9) Notwithstanding anything in this section, when the person found\nto be a beggar as aforesaid is a child, being a child who is not under the\nage of five years, the Court shall hold an enquiry and if satisfied that\nsuch person-\n(a) is found without having any home or settled place of abode\nor means of subsistence or has a parent or guardian who by\nreason of criminal or drunken habit, or immoral or depraved\nlife is unfit to exercise or does not exercise proper care and\ncontrol over the child; or\n(b) is destitute and both his parents or his surviving parent, or\nin the case of an illegitimate child, his mother, are or is\nundergoing imprisonment;\nshall declare the person to be a beggar and order him to be detained in\na Children's Home, or such other institution as the State Government\nmay specify until such time as he attains the age of sixteen years.\nFor the purpose of ascertaining the age of the person, the court\nmay, if necessary, cause the beggar to be examined by a Medical Officer.", "footnote": "", "is_definition": false, "sort_order": 290 }, { "number": "6", "title": "Section 6(1)", "chapter": null, "content": "6. Penalty for begging after detention as beggar. (1) Whoever\nhaving been previously detained in a certified institution under this Act\nis found begging shall, on conviction, be punished as hereinafter in this\nsection provided.", "footnote": "", "is_definition": false, "sort_order": 300 }, { "number": "6", "title": "Section 6(2)", "chapter": null, "content": "(2) When a person is convicted for the first time under sub-S. (1) the\ncourt shall order him to be detained in a certified institution for a\nperiod or not less than one year and not more than one and a half\nyears.", "footnote": "", "is_definition": false, "sort_order": 310 }, { "number": "6", "title": "Section 6(3)", "chapter": null, "content": "(3) When a person is convicted for the second or subsequent time\nunder sub-S. (1), the court shall order him to be detained for a period\nof three years in a certified institution, and may convert any period of\nsuch detention (not exceeding one year) into a sentence of imprisonment\nextending to a like period.", "footnote": "", "is_definition": false, "sort_order": 320 }, { "number": "7", "title": "Section 7", "chapter": null, "content": "7. Offences to be tried summarily. All offences under this Act\nexcept those under S. 11 shall be tried in a summary way.", "footnote": "", "is_definition": false, "sort_order": 330 }, { "number": "8", "title": "Section 8(1)", "chapter": null, "content": "8. Contribution of parents. (1) The court, which makes an order\nfor the detention of any person in a certified institution under S. 3 or\nS. 6, may make an order on the parent or other person liable to\nmaintain him to contribute to his maintenance, if able to do so, in the\nmanner prescribed.", "footnote": "", "is_definition": false, "sort_order": 340 }, { "number": "8", "title": "Section 8(2)", "chapter": null, "content": "(2) Before making any such order the court shall inquire into the\ncircumstances of the parent or other person liable to maintain him, and\nshall record evidence, if any, in the presence of the parent or such other\nperson, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 350 }, { "number": "8", "title": "Section 8(3)", "chapter": null, "content": "(3) Any order made under this section may, on an application made\nby the party liable or otherwise, be varied by the court.", "footnote": "", "is_definition": false, "sort_order": 360 }, { "number": "8", "title": "Section 8(4)", "chapter": null, "content": "(4) Any order made under this section may be enforced in the same\nmanner as an order under. S. 488 of the Code of Criminal Procedure,\n1898 (Act V of 1898).", "footnote": "", "is_definition": false, "sort_order": 370 }, { "number": "9", "title": "Section 9(1)", "chapter": null, "content": "9. Court may order detention of persons wholly dependent on\nbeggar. (1) When the court has ordered the detention of a person in a\ncertified institution under S. 5 or 6 it may, after making such inquiry\nas it thinks fit, order any person who is wholly dependent on such\nperson to be detained in a certified institution for a like period:\nProvided that before such order is made such dependent person\nshall be given an opportunity of showing cause why it should not be\nmade.", "footnote": "", "is_definition": false, "sort_order": 380 }, { "number": "9", "title": "Section 9(2)", "chapter": null, "content": "(2) Where a dependent person is a child, the court shall order that\nthe person be detained in a Children's Home or such other institution\nas the State Government may specify:\nProvided that where the dependent person is a beggar's own child,\nkno being a child who is under the age of five years, and the beggar is an\nable bodied mother, not being a contagious leper or a lunatic, the child\nmay be ordered to be detained in a certified institution without being\nseparated from the mother as regards the place of detention until it\nattains the age of five years and thereafter the child may be detained in\na Children's Home or such other institution as the State Government\nmay specify for the remaining period of detention of its mother.", "footnote": "", "is_definition": false, "sort_order": 390 }, { "number": "9", "title": "Section 9(3)", "chapter": null, "content": "(3) For the purpose of this section the court may if necessary cause\nthe dependent person to be arrested and brought before itself and cause\nto be examined by a Medical Officer. The provisions of S. 61 of the\nCode of Criminal Procedure, 1898 (Act V of 1898) shall apply to every\narrest under this sub-section, and the Officer-in-charge of the Police\nStation shall cause the arrested person to be kept in the prescribed\nmanner until he can be brought before the court.", "footnote": "", "is_definition": false, "sort_order": 400 }, { "number": "10", "title": "Section 10", "chapter": null, "content": "10. Power of State Government to order further detention of incur-\nably helpless beggars. When any person who is detained in a certified\ninstitution under S. 5 or S. 6 or S. 9 is considered, whether on applica-\ntion made by him to the State Government or otherwise, by the State\nGovernment, to be blind, a cripple, or otherwise incurably helpless, the\nState Government may order that he shall, after the expiry of the\nperiod of his detention, be further detained indefinitely in a certified\ninstitution:\nProvided that the State Government may release any such inmate,\nif any person whom the State Government considers suitable, executes\na bond with or without sureties as the State Government may require,\nmaking himself responsible for the housing and maintenance of such\ninmate, and for the purpose of begging,", "footnote": "", "is_definition": false, "sort_order": 410 }, { "number": "11", "title": "Section 11", "chapter": null, "content": "11. Penalty for employing or causing persons to beg or using them\nfor purposes of begging. Whoever employs or causes any person to\nsolicit or receive alms, or whoever having the custody, charge or care\nof a child, connives at or encourages the employment or the causing of\na child to solicit or receive alms or whoever uses another person as an\nexhibit for the purpose of begging, shall on conviction, be punished\nwith imprionment for a term which may extend to one and a half years\nbut which shall not be less than six months.", "footnote": "", "is_definition": false, "sort_order": 420 }, { "number": "12", "title": "Section 12", "chapter": null, "content": "12. Provision of Receiving Centres. The State Government may\nprovide and maintain one or more Receiving Centres at such place or\nplaces as it thinks fit, and may certify any institution to be Receiving\nCentre for the purposes of this Act.", "footnote": "", "is_definition": false, "sort_order": 430 }, { "number": "13", "title": "Section 13", "chapter": null, "content": "13 Provision of certified institutions. The State Government may\nprovide and maintain one or more certified institutions at such place\nor places at it thinks fit, and may certify any institution to be a cer-\ntified institution for the purposes of this Act.\nAny such certified institution may include provision for the teach-\ning of agricultural, industrial and other pursuits, and for the general\neducation and medical care of the inmates.", "footnote": "", "is_definition": false, "sort_order": 440 }, { "number": "14", "title": "Section 14", "chapter": null, "content": "14. Visiting Committee. For every Receiving Centre and every\ncertified institution, the State Government shall appoint a Visiting\nCommittee in such manner as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 450 }, { "number": "15", "title": "Section 15(1)", "chapter": null, "content": "15. Appointment of Chief Inspector, Deputy Chief Inspector and\nProbation Officers. (1) For carrying out the purposes of this Act, the\nState Government may appoint a Chief Inspector of certified institu-\ntions, a Deputy Chief Inspector of certified institutions and such\nnumber of Probation Officers as it thinks fit to assist the Chief Inspector\nand every person so appointed to assist the Chief Inspector shall have\nsuch of the powers and perform such of the duties of the Chief Inspector\nas the State Government directs, but shall act under the direction of the\nChief Inspector.", "footnote": "", "is_definition": false, "sort_order": 460 }, { "number": "15", "title": "Section 15(2)", "chapter": null, "content": "(2) Every Receiving Centre or certified institution shall, at least\nonce in every six months, be inspected by the Chief Inspector or the\nDeputy Chief Inspector.", "footnote": "", "is_definition": false, "sort_order": 470 }, { "number": "16", "title": "Section 16(1)", "chapter": null, "content": "16. Search in Receiving Centres and certified institutions. (1)\nThe Superintendent of a Receiving Centre or a certified institution may\norder that any person received in the Receiving Centre or certified\ninstitution shall be searched, that he shall be cleansed, that his personal\neffects shall be inspected, and that any money or valuables found with\nor on the person shall be kept in the custody of such Superintendent,\nand that any effects other than money or valuables so found shall be\ndisposed of in the prescribed manner. Where an order of detention is\npassed by the court against any such person, the Superintendent may\norder that any money or valuables found with or on the person shall be\ndisposed of in the prescribed manner:\nProvided that a female shall be searched only by a female, and with\ndue regard to decency.", "footnote": "", "is_definition": false, "sort_order": 480 }, { "number": "16", "title": "Section 16(2)", "chapter": null, "content": "(2) When the court passes an order of discharge, his money and\nvaluables shall be returned to him, and if his clothing has been dest roy-\ned, he shall be provided with fresh clothing.", "footnote": "", "is_definition": false, "sort_order": 490 }, { "number": "17", "title": "Section 17", "chapter": null, "content": "17. Management and discipline. Persons remanded to, or detained\nin Receiving Centres and certified institutions under this Act shall be\nsubject to such rules of management and discipline including the\nimposition of manual or other work and the awarding of punishment\nfor breach of any such rules as may, from time to time, be prescribed.", "footnote": "", "is_definition": false, "sort_order": 500 }, { "number": "18", "title": "Section 18(1)", "chapter": null, "content": "18. Disciplinary imprisonment (1) Without prejudice to any\ndisciplinary action that may be taken under the section immediately\npreceding, the Chief Inspector, the Deputy Chief Inspector or the\nSuperintendent may report to the court the case of any person detained\nin a certified institution who habitually and willfully disobeys or\nneglects to comply with any rule referred to in that section; and the\ncourt may thereupon, if satisfied that the person has wilfully disobeyed\nor neglected to comply with any such rule, convert the balance of the\nperiod of his detention in a certified institution or part thereof into a\nterm of imprisonment.", "footnote": "", "is_definition": false, "sort_order": 510 }, { "number": "18", "title": "Section 18(2)", "chapter": null, "content": "(2) The sentence of imprisonment ordered as aforesaid shall be\nexecuted in the same manner as a sentence passed under S. 6.", "footnote": "", "is_definition": false, "sort_order": 520 }, { "number": "19", "title": "Section 19(1)", "chapter": null, "content": "19. Transfer from one Receiving Centre or certified institution to\nanother. (1) Subject to the conditions prescribed the Chief Inspector\nmay direct any person detained in a Receiving Centre or certified\ninstitution to be transferred therefrom to another Receiving Centre or\ncertified institution in the State:\nProvided that the total period of detention of such person shall in\nno case be increased by such transfer.", "footnote": "", "is_definition": false, "sort_order": 530 }, { "number": "19", "title": "Section 19(2)", "chapter": null, "content": "(2) In directing such transfer the Chief Inspector shall have regard\nto the medical certificate and the directions, if any, made by the State\nGovernment or court under S. 24.", "footnote": "", "is_definition": false, "sort_order": 540 }, { "number": "20", "title": "Section 20(1)", "chapter": null, "content": "20. Release on licence. (1) Subject to such conditions as are pres-\ncribed-\n(a) the Chief Inspector or the Superintendent of the certified\ninstitution may at any time grant permission to a person\ndetained in a certified institution to absent himself for short\nperiods; and\n(b) the Chief Inspector may at any time release such person\nconditionally and issue him a licence therefor.", "footnote": "", "is_definition": false, "sort_order": 550 }, { "number": "20", "title": "Section 20(2)", "chapter": null, "content": "(2) Any such licence shall be in force until the expiry of the term\nfor which the person was ordered to be detained in a certified institu-\ntion, unless sooner revoked.", "footnote": "", "is_definition": false, "sort_order": 560 }, { "number": "20", "title": "Section 20(3)", "chapter": null, "content": "(3) The period during which such person is absent from certified\ninstitution by permission or by licence as aforesaid shall, for the pur-\npose of computing his term of detention in a certified institution be\ndeemed to be part of his detention.", "footnote": "", "is_definition": false, "sort_order": 570 }, { "number": "21", "title": "Section 21(1)", "chapter": null, "content": "21. Revocation of licence. (1) Subject to such conditions as are\nprescribed the Chief Inspector may at any time revoke a licence issued\nunder S. 20, and thereupon the released person shall be detained in a\ncertified institution until the expiry of the term for which he had been\nordered to be detained.", "footnote": "", "is_definition": false, "sort_order": 580 }, { "number": "21", "title": "Section 21(2)", "chapter": null, "content": "(2) For the purpose of this section the Chief Inspector may, if\nnecessary, cause the released person to be arrested and sent to the\nnearest Receiving Centre together with a copy of the order of detention,\nand thereupon the provisions of sub-S. (1) of S. 23 shall, as far as may\nbe, apply.", "footnote": "", "is_definition": false, "sort_order": 590 }, { "number": "22", "title": "Section 22", "chapter": null, "content": "22. Unconditional release. At any time after the expiration of\nthree months from the commencement of the release on licence of any\nperson under S. 20, the Chief Inspector may, if he is satisfied that there\nis a probability that such person will abstain from begging, recommend\nto the State Government his unconditional release. The State Government\nmay on such recommendation release such pe son unconditionally,\nand thereupon the term for which such person has been ordered to be\ndetained in a certified institution shall be deemed to have expired.", "footnote": "", "is_definition": false, "sort_order": 600 }, { "number": "23", "title": "Section 23(1)", "chapter": null, "content": "23. Procedure on order of detention or sentence of imprisonment.\n(1) Subject to the provisions of sub-S. (2), when a person has been\nordered to be detained in a certified institution under S. 5 or S. 6 or\nS. 9, the court which ordered the detention shall forthwith forward him\nto the nearest Receiving Centre with a copy of the order of detention.\nThe person shall thereupon be handed over into the custody of the\nSuperintendent of the Receiving Centre and shall be detained in the\nReceiving Centre until he is sent therefrom to a certified institution.", "footnote": "", "is_definition": false, "sort_order": 610 }, { "number": "23", "title": "Section 23(2)", "chapter": null, "content": "(2) When any such person has also been sentenced to imprisonment,\nthe court passing the sentence of imprisonment shall forthwith forward\na warrant to a jail in which he is to be confined and shall forward him\nto such jail with warrant together with a copy of the order of detention.\nAfter the sentence of imprisonment is fully executed, the officer execut-\ning it shall, if detention in a certified institution for any period remains\nto be undergone by such person, forward him forthwith together with\nthe copy of the order of detention to the nearest Receiving Centre, and\nthereupon the provisions of sub-S. (1) shall, as far as may be, apply.", "footnote": "", "is_definition": false, "sort_order": 620 }, { "number": "23", "title": "Section 23(3)", "chapter": null, "content": "(3) In computing the period for which a person is ordered to be\ndetained in a certified institution, there shall be included the period for\nwhich he is detained in a Receiving Centre under this section.", "footnote": "", "is_definition": false, "sort_order": 630 }, { "number": "24", "title": "Section 24(1)", "chapter": null, "content": "24. Medical examination and detention of leprosy patients and\nlunatics. (1) Where it appears to the State Government that any beggar\ndetained in a certified institution under any order of a court is of\nunsound mind or suffers from any communicable diseases like leprosy,\ntuberculosis, venereal disease etc. the State Government may, by an\norder setting forth the grounds of belief that the beggar is of unsound\nmind or suffers from leprosy, tuberculosis, venereal disease, etc., order\nhis removal to a Mental Hospital or a Leper Asylum or other place of\nsafe custody there to be kept and treated as the State Government\ndirects during the remainder of the term for which he has been ordered\nto be detained or if, on the expiration of that term it is necessary for the\nsafety of the beggar or of others that he should be further detained\nunder medical care or treatment, then until he is discharged according\nto law.", "footnote": "", "is_definition": false, "sort_order": 640 }, { "number": "24", "title": "Section 24(2)", "chapter": null, "content": "(2) Where it appears to the State Government that the beggar has\nceased to be of unsound mind, or is cured of leprosy, tuberculosis,\nveneral diseases etc., the State Government shall by an order direct\nthe person having charge of the beggar, if still liable to be kept in\ncustody, send him to the certified institution from which he was remov-\ned or to any other institution as the State Government may decide; or\nif the beggar is no longer liable to be kept in custody order him to be\ndischarged.", "footnote": "", "is_definition": false, "sort_order": 650 }, { "number": "24", "title": "Section 24(3)", "chapter": null, "content": "(3) Subject to the provisions of sub-S. (2) the provisions of S. 31 of\nthe Indian Lunacy Act, 1912 (Act IV of 1912) or of S. 14 of the Lepers\nAct, 1898 (Act III of 1898), shall apply to every beggar confined in a\nMental Hospital or Leper Asylum under sub-S. (1) after the expiration\nof the period for which he was ordered to be detained; and the time\nduring which a beggar is confined in a Mental Hospital or Leper Asylum\nunder that sub-section shall be reckoned as part of the period for which\nhe may have been ordered by the court to be detained:\nProvided that where the removal of a beggar due to unsoundness of\nmind or leprosy is immediately necessary, it shall be open to the\nauthorities of the institution in which the beggar is detained to apply to\na court having jurisdiction under the Indian Lunacy Act, 1912 (Act IV\nof 1912), or the Lepers Act, 1898 (Act III of 1898), as the case may be,\nfor an immediate order of committal to a Mental Hospital or a Leper\nAsylum until such time as the orders of the State Government can be\nobtained in the matter.", "footnote": "", "is_definition": false, "sort_order": 660 }, { "number": "25", "title": "Section 25", "chapter": null, "content": "25. Beggar to leave institution only on discharge or permission.\nNo person who is admitted under the provisions of this Act to any\ninstitution shall leave it without an order of discharge or without the\nwritten permission of the Superintendent of the institution.", "footnote": "", "is_definition": false, "sort_order": 670 }, { "number": "26", "title": "Section 26", "chapter": null, "content": "26. Procedure to deal with absconding beggars. Whoever, in con-\ntravention of the provisions of S. 25, escapes from an institution to\nwhich he has been committed under the provisions of this Act, or fails\nto return thereto after the expiry of the period of absence permitted\nunder sub-S. (1) of S. 20 shall, on a report from the Superintendent of\nthe Institution, be arrested by any police officer without warrant and\nsent back to the Receiving Centre or certified institution, as the case\nmay be.", "footnote": "", "is_definition": false, "sort_order": 680 }, { "number": "27", "title": "Section 27(1)", "chapter": null, "content": "27. Transfers between certified institutions and institutions of like\nnature in different parts of India. (1) The State Government may direct\nany person detained in a certified institution to be transferred there-\nfrom to any institution of a like nature in any other part of India in\nrespect of which provisions similar to that in the State of Assam is made\nby the State Government of that part under any law in force therein:\nProvided that no person shall be trasferred under this section to\nany other State without the consent of the Government of that other\nState.", "footnote": "", "is_definition": false, "sort_order": 690 }, { "number": "27", "title": "Section 27(2)", "chapter": null, "content": "2) The State Government may, in consultation with the Superin-\ntendent of any certified institution, consent to the transfer to that\ninstitution of any person in respect of whom an order of detention has\nbeen made by a competent authority in any other part of India of the\nnature of an order under this Act directing him to be detained in a\ncertified institution or institution of a like nature and upon such\ntransfer the provisions of this Act shall apply to such person.", "footnote": "", "is_definition": false, "sort_order": 700 }, { "number": "28", "title": "Section 28", "chapter": null, "content": "28. Offences to be cognizable and non-bailable. Tne offences under\nSs. 6 and 11 of this Act shall be cognizable and non-bailable.", "footnote": "", "is_definition": false, "sort_order": 710 }, { "number": "29", "title": "Section 29", "chapter": null, "content": "29. Persons to be deemed public servants. All persons empowered\nto perform any function by this Act shall be deemed to be public\nservants within the meaning of S. 21 of the Indian Penal Code.", "footnote": "", "is_definition": false, "sort_order": 720 }, { "number": "30", "title": "Section 30", "chapter": null, "content": "30. Bonds to be taken under Act V of 1898. The provisions of\nChapter XLII of the Code of Criminal Procedure, 1898 (Act V of 1898),\nshall, as far as may be, apply to bonds taken under this Act.", "footnote": "", "is_definition": false, "sort_order": 730 }, { "number": "31", "title": "Section 31", "chapter": null, "content": "31. Appeals. For the purposes of appeal and revision under the\nCode of Criminal Procedure, 1898 (Act V of 1898), an order of deten-\ntion under this Act (including an order of detention under S. 5), shall\nbe deemed to be a sentence of imprisonment for the same period.", "footnote": "", "is_definition": false, "sort_order": 740 }, { "number": "32", "title": "Section 32(1)", "chapter": null, "content": "32. Power to make rules. (1) The State Government may, by\nnotification in the official Gazette, and subject to the condition of pre-\nvious publication, make rules for carrying out the purposes of this Act.", "footnote": "", "is_definition": false, "sort_order": 750 }, { "number": "32", "title": "Section 32(2)", "chapter": null, "content": "(2) In particular and without prejudice to the generality of the fore-\ngoing powers such rules may provide for all or any of the following\nmatters, namely:\n(a) the manner of authorising a purpose under sub-S. (1) of S. 2;\n(b) the manner of keeping persons arrested under sub-S. (3) of\nS. 4 or S. 9;\n(c) the manner of making summary inquiry under sub-S. (1) of\nS. 5;\n(d) the manner in which contribution for the maintenance of a\nperson detained in certified institution may be ordered to be\npai d under sub-S. (1) of S. 8;\n(e) the manner of appointment of a Visiting Committee under\nS. 14;\n(f) the manner in which the effects and the money and valuable\nreferred to in S. 16 shall be disposed of;\n(g) the management and discipline of persons detained in a\nReceiving Centre or certified institution including the\nimposition of manual or other work and the awarding of\npunishment for breach of any rule made under this clause;\n(h) the conditions subject to which the Chief Inspector may\ndirect transfer under S. 19;\n(i) the conditions subject to which a person may be released on\nlicence under S. 20;\n(j) the conditions subject to which a licence may be revoked\nunder S. 21;\n(k) the manner of medical examination of beggars;\n(1) any other matter which is required to be or may be prescrib-\ned.", "footnote": "", "is_definition": false, "sort_order": 760 }, { "number": "32", "title": "Section 32(3)", "chapter": null, "content": "(3) Every rule made under this section shall be laid, as soon as may\nbe after it is made, before the Assam Legislative Assembly while it is in\nsession for a total period of fourteen days which may be comprised in\none session or in two successive sessions, and if, before the expiry of\nthe session in which it is so laid or the sessions immediately follow-\ning the Assam Legislative Assembly agree in making any modification\nin the rule or the Assam Legislative Assembly agree that the rule should\nnot be made, the rule shall thereafter have effect only in such modified\nform or be of no effect, as the case may be so however, that any such\nmodification or annulment shall be without prejudice to the validity of\nanything previously done under that rule.", "footnote": "", "is_definition": false, "sort_order": 770 }, { "number": "33", "title": "Section 33", "chapter": null, "content": "33. Removal of difficulties. If any difficulty arises in giving effect\r\nto any of the provisions of this Act, the State Government may, by\r\norder published in the official Gazette, make such provision or give such\r\ndirection as appears to it to be necessary for removing the difficulty.", "footnote": "", "is_definition": false, "sort_order": 780 } ], "metadata": { "Act ID": "196417", "Act Number": "XVII", "Enactment Date": "1964-08-01", "Act Year": "1964", "Short Title": "The Assam Prevention of Begging Act, 1964", "Department": "Assam Legislative Assembly", "Type": "STATE", "Location": "Assam" }, "updated_at": "2026-09-29 21:52:17" }