ANDHRA PRADESH (TELANGANA AREA) PREVENTION OF BEGGARY ACT, 1350 F

Preamble - ANDHRA PRADESH (TELANGANA AREA) PREVENTION OF BEGGARY ACT, 1350 F

[1]THE ANDHRA PRADESH (TELANGANA AREA) PREVENTION OF BEGGARY ACT, 1350 F

[Act No. 20 of 1350 F]

PREAMBLE

WHEREAS it is expedient to prevent beggary; It is hereby enacted as follows:--

 

Section 1 - Short title and commencement

(1)     This act may be called [2] [the Andhra Pradesh (Telangana Area) Prevention of Beggary Act, 1350 F.]

[3] [(2) The Government may bring it into force within the municipal limits of the City of Hyderabad and in any other specified part of the [4] [Telangana area of the State of Andhra Pradesh], from such date as may be notified in the Official Gazette three months prior to its enforcement.]

 

Section 2 - Definitions

Unless there is anything repugnant in the subject or context:--

(1)     "Begging" shall mean soliciting alms on roads or from door to door, standing or wandering or entering any dwelling-house or place of "business or otherwise, for his own subsistence or of his dependants, and the person so soliciting alms, shall be called a "beggar".

 

(2)     "Court" shall mean a Magistrate of any class exercising criminal jurisdiction in the area in which this Act is in force.

[5] [(3) 'Chief Committee' means within the municipal limits of the city of Hyderabad, the Standing Committee of the Hyderabad Municipal Corporation and in other specified part of the area to which this Act extends, the Local Authority for the area in which the Government may from time to time bring this Act into force, or a Sub-Committee of five members nominated by the Local Authority concerned.]

(4) ??"Managing Committee" shall mean a committee performing its duties under the Chief Committee and constituted for any area in accordance with the rules made under this Act.

(5) ?"Officer" shall mean an officer appointed for the purposes of this Act under the provisions thereof.

 

Section 3 - Prohibition of beggary

No person shall practise beggary after the commencement of this Act.

Section 4 - Status of Chief Committee

The Chief Committee shall be a body corporate and shall have power to acquire property, enter into contracts, institute, defend and conduct suits and other legal proceedings and to do all things, necessary for the purposes of this Act.

Section 5 - Funds of Chief Committee

(1)     The Chief Committee may collect subscriptions from the public for its funds or adopt any other measures for raising the same, and credit the amount to an account to be opened for the purpose in the [6] [Government Central Treasury] or in any Government treasury situated at or near the headquarters of the Chief Committee.

 

(2)     The Chief Committee may open an account in any Bank recognised or approved by the Government for the purposes of this Act.

 

Section 6 - Budget of Chief Committee

(1)     The Hyderabad Municipality, for the discharge of the functions of its Chief Committee, and any [7] [Local Authority] for the discharge of its functions or those of its sub-committee, which devolve on such Board or committee as Chief Committee, shall, allocate in their respective budgets such sum for the budget of the Chief Committee, out of the funds deposited in the Central Treasury or any Government treasury in accordance with the provisions of section 5 or in any bank referred to in sub-section (2) of section 5, and if necessary out of their provision, as is required to run the institutions under the control of the Chief Committee and to pay the salaries of officers and staff.

 

(2)     The sum allocated for the budget of the Chief Committee by the Hyderabad Municipality or any [8] [Local Authority] out of its provision shall be transferred to the account of the Chief Committee opened under section 5.

 

Section 7 - Powers of Chief Committee and establishment of institutions for beggars

(1)     The Chief Committee may establish institutions in suitable places for the maintenance, residence and physical exercise of beggars and for their technical and primary education and uplift or may, for the purposes of this Act, recognise, give aid to, or impose any restrictions on or close down, any institution established by the public- An institution which is recognised or aided or on which any restrictions are imposed by the Chief Committee for the purposes of this Act, shall be deemed to be under the control of the Chief Committee.

 

(2)     On the commencement of this Act the Government shall require the Chief Committee to establish and report to Government within four months from the date of the order, at least one such institution each for males and females as is referred to in sub-section (1).

Section 8 - Control of management of institution

(1)     The Chief Committee shall conduct the entire management of the institution established by it and control to the extent allowed by rules made by the Government in this behalf, the institutions which have, for the purposes of this Act, been recognised or aided by it or upon which it has imposed restrictions.

 

(2)     The Chief Committee for the municipal limits of Hyderabad, shall, for the management and control referred to in sub-section (1), be deemed to be subordinate to the Hyderabad Municipality and where the Chief Committee is a sub-committee nominated by a [9] [Local Authority] shall be deemed to be subordinate to such [10] [Local Authority].

 

Section 9 - Appointment of officials and maintenance of registers in institutions and making entries therein

(1)     There shall be appointed in every institution referred to in sub-section (1) of section 7 such number of officials as the Chief Committee may deem necessary and their duties and powers shall be such as may be prescribed in a general meeting of the Chief Committee.

 

(2)     In every institution entries shall be made in the registers which shall be maintained under the provisions of this Act or by order of the Chief Committee.

Section 10 - Provision to be made in institution

There shall be made provision in every institution established by the Chief Committee for the following matters:--

(a)      lodging and boarding;

 

(b)      health and physical exercise;

and the Chief Committee may provide for the following matters:--

(a)      training in arts and crafts;

 

(b)      training in cultivation and poultry;

 

(c)      establishment of factory;

 

(d)      primary education;

 

(e)      education which may improve the morals and conduct in every day life.

Section 11 - Mode of securing admission to institution

(1)    Any beggar may present himself for admission to any institution under the management of the Chief Committee and the competent officer of the institution shall, after satisfying himself that he is a beggar, admit him to such institution or to an institution managed or controlled by the Chief Committee.

 

(2)    Any beggar desirous of admission to an institution under sub-section (1) shall, before his admission, execute an agreement to the effect that he shall, without plea and pretext remain in the institution for a period of not less than two years, shall abide by the rules and regulations of the institution and shall comply with such general and special directions and orders as may be given at any time by the competent officer of the institution.

 

(3)    Such beggar may be transferred from one institution to another.

Section 12 - Institution not to be quitted

(1)     Any beggar admitted to an institution under the control of Chief Committee, and any beggar admitted to any such institution by order of a Court, shall not leave the institution within the period specified in his agreement or in the order of the Court, unless he has obtained a licence from the competent officer in accordance with the rules made by the Government in this behalf.

 

(2)     Any beggar admitted to an institution by order of a Court, shall be produced before such Court by the competent officer of the institution concerned one week before the expiration of the period specified in the order, and the Court shall, if satisfied that such beggar has become capable of earning a living to meet his requirements, permit him to be discharged from the institution.

 

(3)     When a beggar is produced before a Court under sub-section (2), if the Court is of opinion that he should remain in the institution for a further period, it may so order specifying such further period; and a week before the expiration of such period the procedure laid down in sub-section (2) shall be followed and continued to be followed until the Court is of opinion that the beggar has become capable of earning a living to meet his requirements.

 

(4)     Any beggar who joins by himself, or is admitted to, an institution by order of a Court may, before the expiration of the period specified in the agreement or in the order, be produced before such Court by the competent officer with the request that he may be allowed to leave the institution on the ground that he has become capable of earning a living to meet his requirements; and the Court may, after making necessary enquiries from the competent officer as well as from the person so produced, make proper orders in respect of such person.

Section 13 - Arrest on leaving or escaping from institution

(1)     Any beggar who escapes from, or leaves an institution in contravention of the provisions of section 12, without obtaining the permission referred to in subsection (1) of the said section, may be arrested by an officer or any police official who shall hold a panchanama and hand him over, together with the panchanama to any police official present at the nearest police station.

 

(2)     The beggar, who is handed over to any police official under sub-section (1) together with the panchanama referred to in the said sub-section, shall be produced without unnecessary delay by a police official, not below the rank of a Head Constable, before the Court in whose jurisdiction the institution which such person left without permission, or escaped from, is situate. The Court shall, after satisfying itself that the arrested person left the institution without permission or escaped therefrom, deliver him to the institution.

 

(3)     Any beggar, who in contravention of the provisions of section 12, or without obtaining the permission referred to in sub-section (1) of the said section, leaves or escapes from the institution more than two times, and any beggar, who has been permitted by the Court to leave the institution under sub-section (2) or (4) of section 12, after satisfying itself [that he has become capable of earning a living to meet his requirements takes to begging again, he shall be liable to be punished with imprisonment for a term not exceeding six months.

Section 14 - Civil suit not to be instituted

No civil suit shall lie against any officer of an institution under the control of the Chief Committee, a member of the Chief Committee, a member of the Managing Committee, or any public servant for any act done by him under this Act, or for any act, done by him in good faith and which he believed he was authorised to do under this Act.

Section 15 - Appointment of officer

The Chief Committee shall appoint an officer to carry out the purposes of this Act.

Section 16 - Duties of officer and Police official

The officer and any police official who finds a person contravening the provisions of section 3, or with whom a complaint of such contravention is lodged in respect of such person, may require such person to refrain from such contravention, and to leave the place where he is found contravening. If such order is not complied with, the authority making the order shall, after holding a panchanama, arrest the offender and hand him over together with the panchanama, to the police official present at the nearest police station.

Section 17 - Judicial proceedings against beggar

(1)     Any person who has been handed over to any police official under section 16, shall together with the panchanama referred to in the said section, be produced before a Court on a charge of begging by any police official not below the rank of a Head Constable. The Court shall make necessary enquiries from the beggar. If the beggar promises not to contravene the provisions of section 3, the Court shall, after recording the promise, discharge him.

 

(2)     If the person once discharged under sub-section (1) is again produced before a Court under the said sub-section, he shall not be discharged unless a respectable person stands surety for him that such person shall not take to begging or unless the Court is otherwise satisfied that he will abstain from begging.

 

(3)     If any beggar, against whom action has been taken under sub-section (2), is again produced before a Court under sub-section (2) or when a beggar who was produced before a Court, under sub-section (1), does not promise to abstain from begging, or there is none to stand surety for him or if he fails to satisfy the Court under sub-section (2), with regard to his future conduct, the Court shall cause such beggar to be admitted to an institution, under the control or management of the Chief Committee, for such period as may be deemed sufficient to render him capable of earning a living to meet his requirements.

Section 18 - Nomination by Government for inspection and report

(1)     The Government may nominate any person or persons individually or as a committee so that they may inspect from time to time, any institution under the control or management of the Chief Committee, and submit a report to the Government at least every third month, through [11] [Home Secretary] regarding the arrangements in such institution for boarding, unkeep of physique and exercise and other matters provided in the institution for beggars. In such report the inspecting persons shall also record such other matters together with their opinion thereon as they may deem necessary or proper to bring to the notice of the Government.

 

(2)     On submission of a report referred to in subsection (1), the Government may make necessary enquiries from the Chief Committee and may call for such record, as may appear to it necessary. The Chief Committee shall submit the required record and answer such queries within such time as may be fixed by the Government for this purpose, and shall send a copy of such answers to the Hyderabad Municipality in the municipal limits of Hyderabad, and if the Chief Committee is a subcommittee nominated by any [12] [Local Authority] to the [13] [Local Authority] by which it has been nominated.

 

(3)     The Government shall, after the expiry of two weeks from the receipt of the record and answers forwarded by the Chief Committee, examine the same and also the opinion, if any, forwarded by the Municipality [14] [or the Local Authority] and, if deemed necessary, may issue suitable orders and instructions in respect of the institution under the management or control of the Chief Committee.

 

(4)     The Chief Committee shall carry out the instructions and orders issued by the Government under subsection (3), notwithstanding any direction or order to the contrary made by the Hyderabad Municipality [15] [or the Local Authority] in that behalf.

 

Section 19 - Power to make rules

(1)     The Government may, for carrying out the purposes of this Act, make rules after previous publication.

 

(2)     Without prejudice to the generality of the power conferred by sub-section (1), the Government shall, after previous publication make rules in respect of all the institutions providing for the lodging of beggars for the following matters:--

 

(a)      the procedures and conditions for recognising under section 7, an institution established by the public, for the purposes of this Act;

 

(b)      the restrictions which may be imposed under section 7 on any institution established by the public and the manner of imposing the same;

 

(c)      the management and supervision of institutions under the management or control of the Chief Committee and the manner of making such management and supervision effective;

 

(d)      the circumstances under which an institution established by the public may be closed under section 7;

 

(e)      the cases in which and the restrictions subject to which permission may be given as required by section 12, to the inmates of the institution under the management of the Chief Committee to leave the premises of the institution;

 

(f)       the manner of ensuring that a beggar has become capable of earning a living to meet his requirements;

 

(g)      powers that may be conferred on the officer;

 

(h)     the manner of calling for record and answers to the queries from the Chief Committee, for inspection by the Government; the manner of conveying Government orders under sub-section (3) of section 18 to the Chief Committee and of ensuring that such orders are being carried out; prescribing punishments in case such orders are not carried out satisfactorily;

 

(i)       the manner of constituting the Managing Committee and its functions;

 

(j)       the manner of examining the accounts and other registers of the Chief Committee and of the institution established by it;

 

(k)      for transferring a beggar from one institution to another;

 

(3)     ?the Government may also make rules providing for punishment for infringement of rules made under clauses (b), (c) and (d) of sub-section (2): Provided that such punishment shall not be imprisonment of any description or for any term and if the punishment be a fine, it shall in no case exceed one hundred rupees.