Amendment status not verified — confirm the current text below against the official source.
(1) 2[If any person arrested by a Police-officer for an offence punishable under section 3 has, in the crghte) opinion of such Police-officer, not attaind the age 'uvenlle of 3[eighteen years], he shall be informed, as soon as 2: m y be, of the grounds for such arrest, and shall be such produced before the nearest Magistrate within a period - Court. of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate ; and no such person shqll be detained in custody beyolld the said period without the authority of a Magistrate. On such production the Magistrate shall without delay direct the pzrson to be taken before a Juvenile Court esta- blished ut~der sub-section (I) of section 36 of the 4[Tamil 4[Tamii Na-iu] Children Act, 1920. The person shall then Nadul be dealt with under the provisions of that Act as modi- fiidav O' fied by the provisions of this section] : Provideci that if the Juvenile Court is satisfied on inquiry that such person has attained the age of' jleighteen years] it shall record a finding to that etyect, a d thetcupon it shall be opan to the Police ro proceed against such pel-son under section 3, or if there is a work-hou\e or a special home, unc!er section 5 ; 'and it1 ihc latter case the medical officer referred to in section 5 shall be reqitireci to certify only regarding the phybic~l capacity of such person for ord~nary nlatlual lab ~ t r and the li11~111lg of the Juvenile Court ~ ~ ~ r l . d i n g illc abc of such person shill1 alsoje binding u11 the Mag~\lr'tte bzfot4e whom he may be produced. --- - -0- - 1 Thc\e wo~rls wcrc subst~tutcd for the word ~ n d figures "under 16 " by sect~o~l 12 (I) of the Tanlil N~liu I'revention of Begging(An~wld. nient) Act, I904 ( T ~ r n ~ l Nndu Act 40 of 1964). This p:~~,~griiph was substituted for thc o~iyindl one by tho Adaptation ('l'llr~d Amcndment) Or'~ier, 1950. a Thew wo~il.i wcrc substitutcd for the wortls "sixteen years '* by sechon 12 (11) ( { I ) of the T.111ul Nadu Prevent~on of Begging (Amendment) Act, 1961 (Tamil N d u Act 40 of 1964). 4 These word\ were substitutcd fi)r the word " Madras " by tho Tamil Nadu AdClptatlon of Law5 Order, 1969, ;is amended by the Tamil yadu Adilptatron of Laws (Second Amerldment) Order, 1969. "Thew worJs were subs itutdd for the figures anJ word " 16 years " by section 12 (ii) (b) of the Tamil Nadu Prevention of Begy ~ng (Arne ~dment) Act, 1954 (ram11 Nadu Act 40 of 1964). . , visible means of subsistence, or has no parent or guardian, or has a parent or guardian who does not exercise proper guardianship, or (b) is destitute and both his parents or his surviving parent, or in the case of an illegitimate child, his mother, '[are or is undergoing detention in prison on conviction], or to have such care, the Court may pass such order in respect of the offen- der as it could have passed if he had bee11 brought before it under sub-section (1) of stction 29 of the , "Tan61 Nadu] Children Act, 1920: I --.- - * * These words were substituted fol;,the words '' are or is under- g( ing transportation or imprisonment by section 12 (iii) (0) of [he 'Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamii Nadu Act 40 of 1964). I These words were substituted for the words "a certified school *' t by section 12 (iii) (b) (1) of the Tamil Nadu prevention of ~ c g g j ~ (Amendmqt) Act, 1964 (Tamil Nadu Act 40 of 1964). 1, (3) If the J u d e Court finds on inquiry that a persoa produced before it under sub-section (1) has attained the age of fourteen years but has not attained the age of '[eighteen years] and that he is guilty of an offence under section 3, the Court may '[order him to be detained for a period of not less than one year and not more than three years]- (a) in case it finds that he is physically capable of ordinary manual labour 3[in] a workhouse, if there is one, and QC (b) in case it finds that he is not physically capable of ordinary manual labour, 3[in] a special home, if there is one. tuithstanding anything contained in sec- Juvenile Court finds on inquiry that any - person brought before it under sub-section (1) of that section has not attained the age of eighteen years and is satisfied on a certificate issued by a qualified medical officer that such person is a leper, the Juvenile Court may, instead of dealing with him under sub-section (I), (2) or (3, as the case may be, of that section order him to be detained indefinitely in a leper asylum appointed under section 3 of the Lepers Act, 1898 (Central Act JII of 1898) and notified to be a special home under clause (2) of section 2, until he is relebed in the circumstances stated in sub-section (2) of seG 1_3_ 1 These words were substituted for the words " sixteen years' by section 12 fiv) (a) of fhe Tamil Nadu Prevention of Begging(Amend- merit) Act, 1%4 (Tanill Nadu Act 40 of 1964). s These words were substituted for the words;' order his committal for a sp&fd period not exceeding three years by section1 2 (iv) (b), r This word was substhtCd for the word " to" by section 12 his ssction was inserted by section 7 of the Tamil Nadu Pre- ion of Bq&ng (Amandmmt) Act, 1975 (Tamil Nadu Act 28 of 1945 : T.N. Act XII3[1 Prevention of Begging 941 l13. (1) Notwithstanding anything contained in malty tor this Act, whoever having been previously detained beggkrr afitr in a work-house or a special home under this Act is '' found begging shall on convictiorr)by a Magistrate, be punished as hereinafter in this section provided. 1 (2) When a person is convicted for the first <, time under sub-section (I), the Magistrate shall order '.,, him to be detained in a work-house or a special home, as the case may be, for not less than three years and I! I i I not more than seven years and maj convert any period of such detention not exceeding one year into I a sentence of imprisonmwt extending to a like period. I i i ! (3) When a person is convicted for the second or subsequent time under sub-section (1) the Magist- rate shall order him to be detained in a wo~k-house or a special home, as the case may be, for not less than three years and not more than tep years and may convert any period of such detention not exceeding a two years into a se~tence of imprisonment extending to a like period. '14 (1) The Magistrate who makes an order for ~'ontr~bution by the detention of any person in a work-honse or a pMentr* 1 special home under this Act may make an order re-- quiring the parcnt or other person liable to maintain the person detained to contributi. to his naintenance, if able to do so, in the prescribed manner. (2) The Magistrate before making any order under sub-section (1) shall inquire into the cir- cumstances of the parent or other perwn liable to maintain the person detained and shall record evidence, if any, in the presence of the parent or such other person, as the case may be. (3) Any order ~nade nndcr this section may at any time bc varied by the Magistrate on an apptica- tion made to him by the party affected by the order. I - . Sections 13 to 29 were substituted for the original sect on3 13 and 14 by section 13 of the Tamil Nadu Prevention of Beggind (Amment) Act, 196) (Tam11 Nadu Act 40 of 1964). i * " . i i $7 , -. : $$$ t2< e *>wM;:" ' * '*& ofBegging [I945 : T.N. Act XUI ! (4) Any order made under this section may be enforced in the same manner as an order under section !i 488 of the Code of Criminal Procedure, 1898' (Central f Act V of 1898). t Masistra may l15. (1) When the Magistrate has ordered the deten- sd;Zs (Ion tion of a person in a work-house or a special home epen- under this Act, he may, after making such inquiry as ? I dent on bpgg.ar he thinks fit, order any other person who is wholly dependent on such person to be detained in a work- house or a special home, as the case may be, for a likr period: Providcd that bzfore such order is made, such dependent person shall be given an opportunity of showing cause why i t should not be made. (2) Where the dependcnt p:t'son has not attained thc agi: of fourteen yelrs, the Magistrate sh:rll forward him to :1 Juvenile Court which shaIl deal \-~.ith him under tlx 2[Tamil Nadu] Cbildren Act, 1920 ("Tamil Nadu] Act I V of 1920). as if thz said pcrsc,n had been brought before it undcr hub scct:on ( I ) of scotion 29 of' tht said Act: Providcd thtt whcre the dependznt person is rhc beggar's own child b-low thc ngc of fivc \.bni a and [he beggar is an :~l)lchollicJ morl~cr not bzirlg :i cont,~c-ci- 011s lcpsr or ;l lu:lnlic, ~ h c cll'ld may be ordcrcd to hc d:r:lined in a \~ork-hou~e witl~out b.-ing scp:rrstctI from tile mothcr ac regards thc plaoc of ctctcnlicm, until it attains t l ~ : age of five y4:ars and thcrcaftcr do~lt with as provided in this sub-scction. _ I - . . . - - - - - - - 1 Sections 13 to 29 were \tlb\tituted for the orieinal section< 13 anl\ 14 by \ ~ctlon I? of the Tnmil N:kdtl Prevcnlion of Begpli~g (Amendment) Act, 1964 (Tami! Ni~du Act 40 of 1961). These wortls were \ub\tituteil for the word " Madras" by the T,t~llil Na('11 Atl;lptation of Law? Order, 1969, us amended b y the Tamil Nadu Ad.~ptution of Laws (Second Amendment) Order,'