Bare ActsThe Assam Prevention of Begging Act, 1964

Section 9

Court mal order det ention of persons wholly dependent on beggar

Amendment status not verified — confirm the current text below against the official source.

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 S. I I) ASSAM PREVENTION OF B EGGING ACT, 1964 335 certified institution under S. 5 or 6 it may, after ma king such inq uiry as it thinks fit, order any person who is wholly dependent on such person to be deta ined in a certified institution for a like period: Provided that before such order is made such de pendent person sball be given an opportunity of sho wing cause why it should not be matico (2) Where a dependent per son is a child, the court shall order that the person be deta ined in a Children's Home or such other institution as the State Government ma y specify : Provided that where the dependent person is a beggar's ow n child, being a child who is under the age of five years, 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 without being separated from the mother as regards the place of detention un til it attains th e age of five years an d ther eafter th e child may be detai ned in a Children's Home or such other institution as the State Government ma y speci fy for the remaining period of detention of its mother. (3) For the purpose of this sec tion the court may if necessary ca use the dependent 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 Procedure, 1898 (Act V of 1898) shall apply to eve ry arrest un der this sub-section, and the Office r-in-charge of the Police Sta tion shall cause the arrested person to be kept in the prescribed ma nner unt il he can be hrought before the court. to. Pow er oC S tate Gov ernmen t 10 ord er fur ther det enti on of incur- abl)"he lpless b e g ~ ars . When any perso n who is de tained in a certified institution under S. 5 or S. 6 o r S. 9 is considered, whether on applica- tion made by him to the State Government or otherwise. by the Sta te Government. to be blind. a cri pple, or ott crwise incurably helpless. the State Government may orde r that he shall , after the expiry of the period of his detention , be further detained indefinitely in a certified institution: Provided that the Sta te Government may release any such inmate, if an y per son whom the Slate Gove r nment considers suitable, executes a bond wit h o r without sureties as the State Government may require, making himself respo nsible for the hou sing and ma inte nance of such inmate, a nd for the purpose of begg ing.

Section 9 – The Assam Prevention of Begging Act, 1964 | DailyLaw.ai