The Assam Prevention of Begging Act, 1964
###### ASSAM PREVENTION OF BEGGING ACT, 1964*

(Assam Act XVII of 1964)

COl'OTENTS

Preamb le

Sec tion

Sect ion

14. \' isiting Com mitte e.

CH APTER 1

1-'. Appointme nt of Chief Ins-

p reflmin ar y

pector. Deput y Ch ief Ins-

I. Short title, exte nt and cu m- **pect or and** **P r o ba t i on**
**menceme nt.** O fficers.

**2.** **Defi nitions.** **16.** **Search** **in Receiving Centres**

CII APTER II **and cer** **tified institutions.**

**Procedur e for deullng with beggar s** 17. Management and discipline.

**and beggar otrcndcrs**

**18.** **D isci** **plinary impri sonment.**

3. Power s uf co urt.

19. Tran sfer from one Receiv-

**4.** **Power to** **require** **p er so n** **ing Ce nt re or ce rtified insti-**
fou nd beg ging to appe ar tution to anoth er.

**before co urt.**

**20.** **Release on lice nce .**

**5.** **Summary inqui** **ry in** **respect**

21. Revocation of licence.

of per son s fou nd begging

22. Un cond iti onal release.

**and their detention** **.**

6. Penall y for begging a f t e r CHA PTE R IV
detenti on as beg gar. **:\lisce** **llancous**

7. Offences to be tried sum- 23. Pr ocedure on order of de-
maril y. **tention** **or sentence of im-**
8. Con tri but ion of pa rents. **prisonme** **nt.**

9. Court ma y order dete ntion 24. Medical examination and
of persons wholly depend ent detention of leprosy pat ients
on beggar. and lunatics.
10. power of St ate Gover nme nt **25.** **Beggar to leave** **institution**

to ord er further detent io n of on ly on discha rge or per-

inc urably helple ss beggar s. **mission .**

11. Penalt y for employing ur 26. Pr ocedure 10 dea l w it h

**ca** **using** **persons** **to** **beg** **o r** abs co ndi ng beggars.

using them for purp oses of 27. Tra nsfer be tween certified

begging. **institutions** **and** **institutions**

C HAP l"ER III of like natu re in different

parts of India.

**Inst itut ions**

28. Otfences to be cog niza ble

**12.** **Provision of** **R c c e i v i ng**

and non -b ailable.

**Cent** **res.**

2~ . Persons to be deemed publi c

**13.** **Provision or cc rtifie** d in sti-

**servants.**

**tutions.**

###### - - - -'* Publis hed in th e Assam Gazell e, Extraordinary. dated th e 11 th

Augu st, IlJ&4.

329

18 ALA-4 2


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330 N ORTH-EASTERN R ~ G I O N L OCAL ACTS & R U L ~S [Pre amble

30. Bonds to be taken under 32. Power to ma ke rules.

Act V of 1898. 33. Removal of difficu ltie s.

31. Appeals.

**_[Receil'ed 111(' assent 0/ tile Pre_** _sident 011 t_ _h« h i Augu_ **_st, 1964J_**

**An Act to pruvirlc for the preven tion of b c g~i n ~ in the S tate of**

**Assam and cer tain matt** **ers co nne cted therewith**

Prea mble . Whereas it is expedie nt to I'rovido for the prevention of

beggi ng in the State of Assam for detention, tra ining and employm ent

of begga rs and their dependants in ce rtain instit ut ions for the custody,
trial and pun ish men t of begga r offende rs ;

###### It is herebv enac te d in the Fifteenth Year of the Republic of India

as foll ows: .

CO;\l I\1ENTS

**_Preamble._** **Thi** **s Ac t was** **e** **nac** **ted** **to** **prov ide** **fo r** **preve ntion** **of**

begging and certain matters connec ted the rewith . Despite the problem s
of bcgging in epidemic form, thi s Act is not used in tha t intensity. The
Children's Act , 1960 (Central Act No . LX of 1960) provi des for the ca re,
**protection, maintenance , welfare , training. ed ucati on** **and rehabilitation**

of neg lected or delinquent c hildre n an d for the trial of deli nquen t
children in the Union ter ritories. The Assam Child ren's Act, 1970 has

similarly been enacted with the same objects an d aims as that of the

co rresponding Central Act. The Assam Chi ldrc n's Act . 1970 dea ls with

**cert ain provisions as co** **ntained in the Assam Preven tio n of Begging Act.**
1964, such as the pr ovisions relating to beggi ng. Say for exampl e the

provisions of S. II of the Begging Act a re in confo rm ity in its Objects

with S. 42 of the Assam Children's Act , 1970. But ho wever the Begging

Act is a general Act and the Chi ldren' s Act is confined to child re n only

[the word " child" being defined in S. 2 (d) of the Act], a nd to th at

extent only as provided unde r S. 60 of the Children's Act , 1970, the Beg-
ging Act shall sta nd repea led . The Assam !Jorstal Institu tion Act, 1968

**was enacted** **to** **provide** **for** **the** **detention** **an d training of adolesce** **nt**

**offende rs therein and matter s c onnected therewith.** **Th ere are other**

Cent ral Acts like the Reforma tory Sch ool Act, 1897, the Women' s a nd
Child ren 's Institution (Licensing) Act, 1956, Suppression of Immoral

Traffic in Women and Girls Act, 1956, the Orphan ages and other Ch arit-
able Homes (Su per vision and Cont ro l) Ac t, 1960. But all such Ce ntral

Act s eithe r stand on different foot ing or have comp letely been cov ered

by the Assam Chi ldren's Act , 1970.

CHA PT ER I

**Preliminary**

I. Short tit le, extent a nd commencement. ( I) This Act may be

call ed the Assam Prevention o f Begging ACI, 1964.

(2) It extends to the ~hole of the State of Assam.

(3) It shall come int o force in an y a rea of the State, Oil suc h date as

**the** **St ate** **Governm** **en t** **may** **,** **by** **notifi cati** **on** **in** **the** **official** **Ga zette**

#### ,

ap po int in that behal f for that area . '

..~.


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S. 2] ASSAM PReVENTION OF BeGGING ACT, 1964 331

2. Definitions. In this Act, unless there is anything repugnan t in
the suhject or context-

(i) " begging" means-s-

(a) soliciting or receiving alms in a public place by aoy
person including children ;

(h) entering on any pri vat e premises for the purpose of sol i-

**citing or recei** **ving alms ; .**

(c) exposing or exhibiting with the object of obtaining or
**extorting alms,** **any so re, wou vd.** i ni urv. deformity or

disease of a human being;

(d) allowing oneself to be used as an exhibit for the purpose
**of soli citing or receiving alm** **s;**

but does not include solicit ing or recei ving money or food (cooked
or uncooked ), grain, c 'ot hing , gift or any other thing of value for
**a purp ose autho rised** **by any law** **or authorised in the manner**
prescrihed by the Distr ict Magistrate or by the State Govern-
**ment :**

Provided that the State Government may, by general or specia l

order, direct that " begging" shall not include soliciting alms
**in or abo ut any temple or mosque or any other place under**
**such terms and conditions and** **on such** **occasion as may be**
specified in the order;

(ii) "certified institu tion" mea ns any institution which the State
Government provides and maintains for the detention ,

###### training and empl oyment of beggars and th eir dependa nts,

an d includes an inst itut ion certified to be such und er S. 13 :

(iii) "Chief Inspector " mea ns the person appointed to be the
Chief Inspector of certifi ed institution under sub-So (I ) of
S. 15 ;

(iv) " child" means a boy or girl who has not attained the age

**of sixteen yea** **rs;**

(v) "Cou rt" means a Court of Magistrate of any class, or any

**other court exercising criminal jurisdiction in the area in**

which the Act is in force ;

(vi) "Children's Court" means a court constit uted for the pur-

pose of exercising the powers and dischargi ng the duties

**conferred or imp osed on such court in relation** **to children**

who are either delinquent, exploited, victimised, neglected,
destitute or orphans and/o r beggars or vag ra nts ;

(vii) " prescr ihed" mean s prescribed by rul es made under this

**Act ;**

(viii) " Probation O ffi cer" means all officer appo inted as a Proba-
tion Officer under this Act or und er the Probation of Offen-

ders Act, 1958 (Act 20 of 1958) ;


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332 NORHI-EAsleRN ReGION L OCAL ACTS & RlJL~S [S.3

(ix) " Children's Home" means an institution establi shed for the
purpose of reception and training of children who are either
exploited, victimised, neglected, destitute or orphans and/o r
hegga rs or vagrants;

(x) "public place" means any highway, public park or garden ,
any rail way or hus station, any railway train or other vehicle
carrying passengers, any public bridge, road, lane. foo tway,

square, cou rt, alley, or passage, whether a thoro ughfare or
not , and includes a ny open space to which for the time being
the public have or are permitted to have an access, whether

on payment or otherwise ;

(xi) " Receiving Centre" mea ns an institution for the reception
and tem porary detention of beggars provided by the State

Government, or certifi ed to be such under S. 12 ;

(xii) " Superintendent" mea ns a Superintenden t of a receiving
**centre or a certified institution, as the case may be.**

CHA PTER II
Procednre for dealing with beggars and beggar offenders

3. Power of courts. The powers conferred on courts by this Act

shall be exercised only by the High Cou rt, a Court of Session, a Dist rict
Magistrat e, a Magistrate of the first class, a Children's Court, or any
**other court ex ercising** **criminal jurisdiction in** **the** **area , and may be**

exercised by such cou rt s whether the case comes before them originally

or on appeal or revision.

4. Power to require person found hegging to appear hefore court.

( I) Any police o ffic er, or other person authorised in this behalf in

accorda nce with rules made by the Stat e Govern ment, may arrest with-
out warrant an y person who is found begging ;

Provided tha t no person entering on any private pre mises for the

purpose of soliciting or receiving alms shall be so arrested or shall be
liable to any proceedings unde r thi s 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 S. 61 of the Code of Criminal Proced ure, 1898

(Act V of 1898), shall apply to every arrest under this section, and the
officer-in-charge of the police statio n shall ca use the arrested person to
be kep t in the prescribed manner until he can be brought before a

**COUTt .**

S. Summary iuquiry in respect of persons found begg ing and their
detention. (I ) Where a person who is brought before the court und er

the last preceding section is not proved to have previously been detain-
ed in a certifi ed institution UJider the prov isions of this Act, the court
shall make a summary inquiry as regards the alleg ation that he was
foun d begging.

The provisions of S. 202 of the Code of Criminal Procedure 1898
(Act V of 1898) shall, as far as prac ticable, be followed for making such
inquiry.

# -
## -


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S. 5] A S SA~ I P REVENTION Of D~Gli l!' G ACT, 1964 333

(2) If the inqu iry referred to in sub-So (I) ca nnot be completed

**fort hwith,** **the co urt may adjo** **urn it from** **time to time and order the**

**person to be rema nded to such place and custody as may be conve nie nt.**

(3) If on maki ng the inquiry referred to in sub -So(1), the court is
not sat isfied that the person was foun d begging, it shalt order that

such person be released forthwith.

(4) If on mak ing the inq uiry referred to in sub-So ( I), the cou rt is
sa tisfied that such person was foun d begging, it shall record a findi ng

that the person is a beggar.

(5) The co urt shall orde r the per son fou nd to be a beggar under the

last preceding sub-sect ion to be detained in a certified insti tution for a
pcriod of not less than six months, but not more than one and a hal f
yea rs:

Provided that , if the cou rt is satisfied from the circumstances of the

case that the person found to be a begga r as aforesai d is not likely to
beg again, it may, after due admonition, release the begga r on a bond
for the beggar's abstaining from begging and being of good behav iour,
**being ex** **ecuted with or wi thout sureties as the** **c** **ourt may require by the**

**beggar or any othe r perso n whom the co urt considers suitable.**

(6) In passing any orde r under the pr ovisions of this Act, the cou rt

shall have regard to the followi og co nsiderations, that is to say-

(a) the age and cha rac ter of the beggar,

(b) the circu.nsta nces and co nditions in which beggar was living,

(c) reports made by tbe Probation Officer, and

(d) such othe r matters as may, in the opinion of the co urt,

**require to be taken** **int o c** **onsideration** **in the inte** **rest of the:**

begga r.

(7) The report of the Probation Officer or any othe r report consider-

ed by the court under the sub-section immediately preceding, sha ll be
treated as confidential :

Provided tha t if such report relates to the cha racter, health or con-

duc t of the begga r, or the circumstances and conditions in which the
beggar is living, the court may, if it thinks expedient, comm unicate the

subs tance thereof to the begga r or (in case of depend ants) to the guard-

ian co ncerned, and may give the beggar or the gua rdian, as the case

may be, an opportun ity of producing evidence which may be relevant to
the matters stated in the report.

(8) A co py of the order made unde r sub-So(5) shall be sent forth-

with to the Chi ef Inspector.

(9) Notwith standing anything in this section, when the person found

to be a beggar as afo resa id is a child, being a child who is not under the
age of five years, the Cou rt shall hold an enquiry and if satisfied that
such person-


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334 N ORTH- EA STeR N R eGI ON L OCAL A CTS & R ut.es [S.6

(a) is found without having any home or set tled place of abode

**or means of subsistence or has a** **parent or gua rdian** **who** **by**

reason of crimi nal or d run ken habit, or immora l or depraved

**life is unfit to exerci se or does** **not exercise** **proper care and**
control over th e ch ild; or

(b) is destitute and bot h his parents o r his surviving pa rent. or
in the case of an illegitimate ch ild. his mother, are or is

**unde rgoing imprisonment;**

shall declare the pe rson to he a beggar and order him to be detained in

a Children's Home, or such other institution as the State Government

may specify un til suc h time as he attains the age of sixteen yea rs.

For th e p urpose of asce rtaining the age of the person , the co urt
may, if necessar y, cause the beggar to be examined by a Medical Officer.

6. Penall y for begging afte r delention as heggar. (1) Whoever
**having been prev iously detained in a certified instituti on under this Act**
is found begging sha ll, on conviction, he punished as hereinafter in thi s
**section provided.**

(2) When a per son is co nvicted for the first time un der sub-S, (I ) the
**court shall orde r him to he detained in a certified institution** **for a**

period or not less than one year and not more than one and a half

years.

(3) When a person is convicted for the second or subsequent tim e
unde r sub-So (I) , the co urt shall o rder him to he deta ined for a period

of three years in a certified institution, and may convert any period of

**such detention (not ex ceeding one yea r) into a sente nce of impri sonment**
extendin g to a like period.

7. Offences to be tri ed summartly. All offences unde r this Act

except th ose under S. II sha ll be tried in a summa ry way.

8, Contrib utio n of parents, (I) The cou rt, which ma kes an order

for the detention of any person in a certified institution unde r S. 3 or

S, 6, may make an order on the parent or other person liable to
maintain bim 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
**circumstances 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 may be.**

(3) Any order made under this section may , on an applicatio n made
by the party 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. S. 48&. of the Code of Criminal Procedure,
1898 (Act V of 189g).

9. Court mal order det ention of persons wholly dependent on
beggar. (I) When the court has ordered the detention of a per son in a


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S. I I) ASSAM PREVENTION OF B EGGING ACT, 1964 335

certified institution unde r S. 5 or 6 it may, a fter ma king such inq uiry
as it thinks fit, order any person who is wholly depe ndent on such
person to be det a ined in a certified in stituti on for a like period:

Provided that before such order is made such de pendent person
sball be given an oppo rtunity of sho wing cause why it should not be

**matico**

(2) Wh ere a dependent per son is a child, the court shall order that

the person be deta ined in a Children's H ome or such other in stitut ion

as the State Go vernment ma y specify :

Provided that where the depende nt person is a beggar's ow n child,

being a child who is under the age of five yea rs, an d the beggar is an
able bodied mother , not being a conta gious leper or a lu natic, the child
ma y be ordered to be detained in a certified institution withou t being
separated from the mother as regards the place of detention un til it

attain s th e age of five yea rs an d ther eaft er th e child may be detai ned in
a Child ren's Home or such other inst itutio n as the State Government
ma y speci fy for the remai ning period of detention of its mot her.

(3) For the purpose of this sec tion the court may if necessary ca use
the de pendent person to be arrested a nd hr ought befo re itself and cause
to be examined by a Medical Officer. The provision s of S. 61 of the

Cod e of Crimina l Pr ocedure , 1898 (Ac t V of 1898) shall apply to eve ry

arrest un der this sub-section, an d th e Office r-in-charge of the Police

Sta tio n sha ll cause the a rr ested person to be kept in the p rescribed

ma nner unt il he can be hro ught before the court.

**to.** Pow er **_oC S tate Gov ernmen t 10 ord er fur ther det enti on of incur-_**

**abl)"he lp** **less b e g ~ ar** s . **When any perso n who is de tained in** **a certified**

institu tion under S. 5 or S. 6 o r S. 9 is considered, whether on applica-
**tion made by him to the State Government or other** **wise.** **by** **the Sta te**
**Gove** **rnment. to be blind. a cri pple, or ott crwise incurably helpless. the**
State Gov ern ment may orde r that he shall , after the expiry of the
period of his det enti on , be furth er d eta ined indefinitely in a certified

**institutio** **n:**

**Provided that the Sta te Gove** **rnment may** **release any such inmate,**

**if an y per son whom the Slate Gove r nment cons** **iders suitable, executes**
a bond wit h o r without sure **ties as** **the State** **G** **ove** **rnmen** **t may require,**

making himself respo nsible for the hou sing and ma inte na nce of such

inma te, a nd for the purpose of begg ing.

**11.** Pe nalty for employi ng or **ca using persons to beg or using them**
for purposes of begg ing. Wh oe ver employs or causes any pe rson to
**soli cit or rec eive al ms , or whoe ver** **ha ving the** **cu stody, cha rge o r ca re**

**of a child, conn** **ives at o r encourages** **the empl** **oyment or the causing of**

**a ch ild** **to so licit or** **rece ive alms o r wh** **oever uses another perso n as an**

exhibit for the pur pose of begging, shall on co nviction, be pu nished

**wi th imprionmc** **nt for a term which may e xt** **end to one and a half yea** **rs**
bu t which shall not be less th an six months.


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###### 336 N OkTlI -EASHRN ReGION L OCA1- A CTS & Ruw s IS. 11

CIIA PTER III

Instlturi ons

**12.** Provision of Ueceil'in **J: Centres .** **Th e Sta le** **Go vern lllent** **may**

**provide and maintain one or mo re** Recei ving Cen tres **.11 such place or**
places as it thinks fit, and ma y ccrtifyany institut io n to be Receiving
Centre for the purposes of this Act.

**13** Provision of certified **institutions.** **The State** **Go** **ve rnment may**

**provide and maint** ain o ne **o r more** **certified** **instit uti ons at** **suc h place**

**or places at it thinks fit , and may certify any instu ut ion to be a cer-**
tified institution for thc purposes of thi s Act.

An v such certified in stituti on may include provision for the te ach -

ing of' agricult ural , indu strial a nd other pur sui ts, and for the general
educati on and medical care of thc inmates .

14. Vis iti ng Cn mmittee. For every Receiving Cent re and every
ce rtified in stituti on , the State Go vernment shaJl appoint a Visiting

**Committee in such manner as may be prescribed .**

15. App ointm ent of Chief Inspector , Deputy Chief In spector and
Probat ion Officers, ( I) F or carryi ng out the purposes of this Act, the
State Govern ment may a ppo int a Chief In spect or of certified institu-

tion s, a Deputy Chief Inspector of certified in stituti on s and such
number of Pr obation Officers as it thinks fit to assis t the Chief Inspect or

and every per son so appo inted to assist the Ch ief Inspector shall have
such of thc powers and perform such of the duties of the Chief Inspector
as the St ate Gover nment directs, but shaJl act under the directi on of the
Chief Insp ect or.

(2) Every Receiving Cen tr e or certified instit utio n shall, at least i
once in every six months, he inspec ted by the C hief Inspector or the

Deputy Chief Inspector,

**16.** **Se** **arch in** **Recei ving** **Ce ntres** **and** **ce rtified** **insti tutions.** **( I)**

The Superi ntendent of a Receiving Cen tre or a cer tified insti tution may
order that a ny pe rso n received in the Receiving Centre or ce rt ified

institution shall be searched, th at he sha ll be clea nsed, tha t his per sonal
effects shall be inspected, and tha t any mon ey or valuables fou nd with
or on the person shall be kept in the cu stody of such Supcriutcn dcnt,
a nd thaI any effects othe r than mo ney or valuab les so found shall be
**disposed of in the prescribed manner.** **Where an order of detention is**
passed by the court against any such person, the Superin tendent may
order th at any money or valua bles found with or on the person sh .1 / be
disposed of in the prescri bed manner:

Provide d that a fema le shaJi he searc hed only by a fem ale , and with
due rega rd to decency.

###### •
(2) When the court passes an o rder of discharge, his money and
val uables shal l be returned to him, an d if his clo thina has been dest rov-
ed , he shall he provided with fr esh clothing.               - .


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S. 21 ] ASSAM PREVENTION OF BEGGI NG ACT, 1964 337

17. Management and discipline. Persons remanded to, or detained

in Receiving Centres and certified institutions under this Act shall he
subject to such rules of man agement and discipline including the

imposition of manual or othe r work and the awarding of punishme nt
for breach of any such rules as may, from time to time, be prescribed.

18. Disciplinary imprisonment (I) Without prejudice to any
disciplin ary action that may be taken udder the sect ion immediately

precedin g, the Chie f Inspector , the Deputy Ch ief Inspector or the

Superintendent may report to the court the case of any person detained
in a certified institurion who habitu ally and willfully disobeys or
neglects to comply with any rule referred to in tha t sectio n ; and the
court may there upon, if satisfi ed that the per son has wilfull y disobeyed
or neglected to com ply with any such rule . conver t the balance of the
**period of his detention in a certified** **ins titut ion** **or part** **thereof into a**

term of imprisonmen t.

(2) The sentence of imp risonme nt ord ered as aforesaid shall be

**executed in the same ma nner as a se ntence passed under S. 6.**

**J9.** **Transfe r from** **one** Receiving Centre or certifi ed institution to

another. (I) Subject to the condi tions pre scribed the Chief Inspector
**may** **direct any** pe rson **detained** **in a** **Receivi** **ng Centre or** **certified**
**in stitution to** **he transferred therefrom to an** **other** **Rec eiving Centre o r**

certified instituti on in the St ate:

Provided that the total peri od of detention of such person shall in
**no case be increase d by such transfer.**

(2) In directing such t ransfer the Chief Inspector shall have regard
to the medical certifica te and the directi ons, if any, made by the State
Government or co urt und er S. 24.

20. Release on licence. ( I) Subject to such conditions as are pre s-

cribed-

(a) the Chief Inspector or the Superintendent of the certified

**inst itution** **may at** **any** **time grant** **permission** **to a person**

detained in a certified instit ution to absent himself for sh ort

**periods ; and**

(b) the Chief Inspector may at any time relea se such person

###### • conditionally and issue him a licence the refor.
f

(2) Any such licence sha ll be in force until the expiry of the term

for which the person was ordered to be detained in a cer tified institu-
**tion , unless soo** **ner revoked.**

(3) The period during which such person is absent from certified
instit utio n by permission or by licence as aforesaid shall, for the pur -
pose of computing his term of det entio n in a certified institution be

deemed to he part of his detention .

21. -Revocation of licence. (I) Subject to such condit ions as arc

prescribed the Chief Inspector may at any time revoke a licence issued
under S. 20, and thereupon the released person shall be det ained in a

certified institution unt il the expiry of the term for which he had been
ordered to be detained.

18 ALA--43 ,


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338 NO RTJI- EASTERN R EGION L OCAL A CTS & R ULES [S. 22

(2) Fo r the purpose of this section the Chicf Inspector may, if

**necessa ry.** **cau** **se** **the** **release d** pcr~on **to he** **arre sted** **and sent** **to the**

**nea** **rest Re** **cei** **vin g Centre to** **gether ,..ith a co** **py o f the o rde r of dete** **ntio n,**
and thereupon the provisions of sub-So( I ) of S. 23 shall, as far as may
he, apply.

**22.** **Unconditional rcl ca vc.** **At any** tim e after the expiration of

**thre e months from** **the commen cem en t o f the** **release on licence of any**

person under S. 20. ' he Chief Inspector may, if he is satisfied that there

**is a probahil** **ity that such pe rson will abstain from begg** **ing . rec** **omme nd**
**to the S tate Govern** **ment** **his un condit ion al release .** **The State Govern**             -

**men** **t may on suc h rec** **ommendati** **on rel ease such pc so n unco nditionall y,**
and ther eupon the ter m for which such person ha s been orde red to be

detained in a certified institution shall he deemed to have expired .

C H A P TE R IV

**l\ lisc ellaucou s**

**23.** **Procedure** **0 11 order of** dct cnriun **or se ntence of imprisonment.**

( I) Subject to the pr ovisions of sub-So (2), when a pnson has been
**o rde red to** **be** **deta** **ined** **in** **a cert** ified **in** **stitution** **under S. 5 or S. 6 o r**

S. 9, the court which ordered the detention shall fort hwith forwa rd him

**to the nearest Rec eiv ing Cen** **tre with a cop** **y o f the** **orde r of detention.**

**The** **perso** **n shall** **there upo n he handed** **over** **into** **the custo dy of the**

Superintendent of the Receiving Ce ntre and sha ll be detained in the
**Receiving Centre until he is sent therefrom to a ccrtilicd institution.**

(2) When any such per son has also bee n sentenced 10 impris onm ent,

**the court passing the se** **ntence of** **imp risonme** **nt shall** **for thw ith forward**

**a warrant to a jail in which he is to be co ntincd and shall forward him**
**to such jail with warrant toget her with a cop** y of the o rder of de ten tio n.
**Arter the se nte nce of imp rison-ncnt is fully execu ted,** **the officer execu** t-

**ing it shall, if detent ion in a certified inst itution for** **any perio d remains**
to be undergone by such person, forwa rd him forthwith together with
the copy of the orde r of det ention t.) the near est Receiving Cent re, and
the reupon the provisions ofs ub-S. ( I ) shall, as far as may be, apply.

(3) In computin g the period fo r which a person is ordered to be

detained in a certified instit ution, there shal l he included the period for

which he is detained in a Receiv ing Centre under this sect ion.

**24.** **l\lrdica l ex aminatio n and det cnr lon of leprosy** **patients** **and**

lunat ics. (I ) Whe re it appea rs to the State Government that an y beggar

**de taine** **d** **in** **a certified** **institution** **under** **anv** **o rder o f a cou** **rt is of**

**uns ound mind or suffers** **from** **an y commun ica ble di sease s li ke leprosy,**
tube rculosis, venereal disease etc . the State Governme nt may. by an

order setti ng forth the grou nds of helief that the begga r is of unsound
mind or suffers from leprosy, tuberculosis, venereal disease, etc.. order

his removal to a Mental Hosp ital or a Leper Asylum or other place of

safe custod y there to be kept and treated as the St ate Government

dir ects dur ing the remainder of the term for which he has been ordered

**to be detained or if, on the ex piration of that te rm it is necessary fo r the**
safety of the beggar or of others that he should be fu rther detained

**under med** **ical care o r treatm ent, then until** **he is** **disc harged accordi ng**
to law.


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S. 27J A SSAM P kEVE NTION OF DLGG ING ACT, 1964 339

(2) Where it appears to thc Sta te Gover nm ent th at the begga r has

ceased to be of unsoun d mind , or is cured of leprosy, tu berc ulosis,
veneral di seases erc. , the St are Govc rnm cnt shall by a n orde r direct

the person hav ing charge of th e beggar , if still liable to bc kcpt in
**custody, send him to the ce rtified institution from which he was remov-**
**ed or to any other institution as the State Governm ent may** **decide ; or**
**if the beggar is 11 0 longer liable to be kept in custody orde r him to be**
discharged .          -

(3) Subject to thc prov isions of sub-S. (2) thc provisions of S. 31 of

th e Indian Lunacy A CI, 191 2 (Act IV of 191 2) or of S. 14 of thc Lepers
Act, 1898 (A ct III of 1898), shall a pply to ever y beggar confined in a

Ment al Hospit al or Le pcr Asylu m under sub-S. ( I) after thc expiration
of the period for which he was ordered to be de tai ned : a nd the time
durin g which a hcggar is confine d in a Mental Hospit al or Lep er Asylum
undcr that sub-sectio n sha ll be recko ncd as part of thc pe riod for which
he may have bccn o rdc rcd by the court to be det ained ;

Provided th at where the removal of a beggar d ue to un soundness of

mind or leprosy is immcdiatcly necessary, it shall be o pcn to the

a utho ri ties of thc instit ut ion in which the beggar is de tained to apply to
a court havin g j urisdictio n und cr the In dian Lunacy Act, 19J2 (A ct IV
of 19 12), or the Lepers Act , 1898 (Ac t III of 1898), as the ca se may be,
for a n immediate order of com mitta l to a Mental Hospital or a Leper

Asylum until such tim e as thc ord ers of th e State Government can be
obtaine d in the matter.

**25.** **Regg ar** **to** leave lnvt itut lon **only on disc harge or permissi on.**

N o person who is admitt ed under the provisions of thi s Act to anv

**institution shall leave it without an order of discharge or without the**
**written permission of the Superintendent of the institution.**

**26.** Procedure to dea l with **ahsconding beggars.** Whoever, in con-

**travention of the provisions of S. 25,. escapes from an institution to**
which he has been committ ed unde r the p rovisio ns of this Ac t, or fails

to return the ret o after the expiry of the period of absence pe rmitted

under sub-So (I) of S. 20 sha ll, on a report from the Superin tendent of
the Institution , be ar rested by any police o fficer without warrant and
sent back to the Rece iving Centre or certified in stitution, as the case
may be.

**27.** **Transfe rs betw een** **certified instituti** ons and **institu tions of lik e**
na lur e in differ ent parts of Ind ia. ( I) The State G overnment may direct

**any person detained in a certified institution to be tran sferred th ere-**
from to any institutio n of a like natu re in a ny other part of India in
re spe ct of which provisions simila r to that in the St at e of Assam is made

by th e State Gove rnment of th at part undcr an y law in force th erein:

### / Provided that no person sha ll be trasferred un der thi s section to

a ny other Stat e wit ho ut the consent of the Gover nme nt of that othe r
State .

2) Th e State Gover nment may, in co nsu ltatio n with th e Superin-
tendent of any certified inst itution , conse nt to the transfer .to that
**institution of any person in respect of whom an order of det** ention **has**


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340 NORTH -EASTERN R EGION LOCA L ACTS & RU LES [S.28

been made by a competent au thority in any othe r pa rt of India of the
nature of an order under this Act direc ting him to be detained in a
**certified institution or insti tution of** **a like** **nature and upon** **such**

transfer the pro visions of this Act shall apply to such perso n.

28. Offences to be cogoizable and non-bailable. Tne offences und er
Ss. 6 and II of this Act shall be cognizable and non-bailable.

29. P ersons to be deemed public servants. All persons empo wered

to pe rform any function by this Act shall be deemed to be public
servants within the meaning of S. 21 of the Indian Penal Code.

30. Bonds to be taken under Act V of 1898. The provisions of

Chapter XLII of the Code of Criminal Procedure, 1898 (Ac t V of 1898),
shall, as far as may be, apply to bonds taken under this Act.

31. Appeals. For the purposes of appea l and revision under the

Code of Criminal Procedu re, 1898 (Ac t V of 1898), an order of deten-
tion under this Act (including an order of dete ntion u nder S. 5), sha ll
be deemed to be a sentence of imprisonment for the same period.

32. Power to make rul es. ( I) The State Government may, by
notifica ti m in the official Gazelle, and subject to the condition of pre-

vious publication, make rules for ca rryi ng ou t the pur poses of this Act.

(2) In particular and without prejudice to the generality of the fore-
going powers such rules may provide for all or any of the following
**matters, namely:** .

(a) the manner of authorising a purpose under sub -S, (I) of S. 2 ;

(b) the manner of keeping persons arres ted und er sub-So (3) of

S. 4 or S. 9 ;

(c) the manner of making summary inquiry under sub-So (I) of

S. 5;

(d) the manner in which contribution for the mai ntena nce of a

person detained in certified institution may be ordered to be

paid under sub-S. (I) of S. 8 ;

(e) the manner of appointment of a Visiting Commi ttee under

S. 14 ;

(f) the manner in which the effects and the mon ey an d valua ble

referred to in S. 16 shall be disposed of ;

(g) the management and discipline of persons detai ned in -a

Receiving Centre or certified institution includi ng -the

imposition of manual or other work and the awa rding of

punishment for breach of any rule made under this clause;

(h) the conditions subject to which the Chief Ins pector may
direct transfer under S. 19 ;

(i) the conditions subject to which a person may be released on

licence under S. 20 ; ,
(j) the conditions SUbject to which 'a licence may be revoked
under S. 21 ;


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S. 33] A SSAM PR EVENTI ON OF B EGGIN G A CT, 1964 341

(k) the manner of medical exami nation of beggars;

(I) a ny other matt er which is required to be or may be prescrib-

ed.

(3) Ever y rule made under this section shall be laid , as soon as ma y
be aft er it is ma de, before th e Assam Legislative Assembly while it is in
session for a total period of fourteen da ys which may be comprised in

**one session or in two successive sessions, and if. before the expi ry of**
the session in which it is so laid or th e sessions immediately follow-

ing the Assam Legislative Assembl y agree in making an y modification
in the rule or the Assam Legislative Assembly agree that the rule should
not be ma de, the rule shall the reafter have effect only in such modified
form or be of no effect, as the case ma y be; so however, that any such
modificat ion or annulment shall be without prejudice to the validity of
anyth ing previou sly done under tha t rule.

33. Removal of dillicullics. If an y difficulty arises in giving effect

to any of the p rov isio ns of thi s Act, the State Government may, by

order published in the o ffi cial Gazette, make such provision or give such
direc tion as appears to it to he necessary for rem oving th e difficulty.


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