Amendment status not verified — confirm the current text below against the official source.
*See now the Code of Criminal Ptocedure, 1973 (Central Act 2 v f 1974), sections 125 and 126. \ 1945 : T.N. Act XIII] Prevention of Begghg 943 (3) For the purpose of this section, the Magis- trate may, if necessary, caute the dependeut person i to be arrested and brought before himself and , examined by a Medical Officer. The person so arrested shdll be produced before thQncarest Magis- trate wittiin a period of tweuty-four 1;ours of such I arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and no such person shall be detained i11 custotly beyond the said period without thc authority cf h Magistrate. l16. (1) When any persor who isdetained in a special Power to order further deten- home under this Act is, who,ther on an applicat made by him or otheryilse con~idered Government to be blind, cripple cr c th cally incarable of doing any wes k, the rnent may order that he shhll, after the perlod of his detention, be further detai tdy in a special home : PI ovided that the State Clovernn~ent may I eledse m y such person if any person whom the State Go\err?- - ment cot~sider suitable, erecutes a bond, with or M ith- out sureties ds the State Governnlent may rcquire making himself reeponsible for the housing and main- tenance of such person and for preventil!g him from begging or beins used for tlic purpose of beggillg. (2) The po\vers conferrcd on the State Govern- ment by sub-section ( I ) may il.1~0 be excrc:scd by such authority as may be prescribed. A copy of every order passed by the prescribed ::uthor ;ty uncler this sub-section shall be commu~~icated forthwith to the State Government with such particulars relat- ing t o the persot) concerncd as may b.: prescribed. '17. ( I ) Whoever employs or cc*ses any pe solicit or receive' alms, or 'Sections 13 to 29 were substituted for the original seclio 14 by section 13 of the Tamil Na mcnt) Act, 1964 (Tamil Nsdu Art 944 Preveniion of Begsing [I945 : ,T.N. Ad XIII (2) whoever having the custody, charge or m e of a person wbo has not attained the-age of fourteen years connives at or encourages the employment or the causing of such person to solicit or receive alms, or (3) whoever uses another person as an exhibit for the purpose of begging, shall, on conviction, be puni- shable with imprisonment for a term which may extend toone year and thereafter with detention in a workhouse' or special home, as the case may be, far a period of not less than one year and not more than three years or aith imprisonment for a term which may extend to two years. Transfer from '18. (1) The State Government may, subject to One Harkhouse such conditions as may be prescribed, direct any or special home to another. person detained in a work-house or special home to be trarrsferred therefrom to another work-house or , special home, as the case may be : I Provided that the total period of detention of such person shall not be increased by such transfer. (2) The powers conferred on the State Govern- ment by sub-section (1) may also be exercised by such authority as may be prescribed. A copy of every order passed by the prescribed authority under this sub-section shall be commur;.icated forthwith to the State Government with such particulars relating to the person transferred as may be prescribed. (3) In directing such transfers, the State Govern- nlent or the prescribed authority shall have regard to the medical report, and the directions, if any, made by the Magistrate or Juvenile Court, under section 23. Pat ole. '19. (1) Subject tosuch conditions as may be pres- cribed, the Commissjorer of Police in the City of Madras and the Superintendent of Police elsewhere may, at any time, grant permission'to a person detai- ned in a work-house or a special home to absent himself for such per ioa as may be specified. - i Sections 13 to 29 ollae substituted for t 14 by & 13 of the Tamil Nadu Prcven ,,t) ~ o t , 1964 VMNadu Act 40 of 19 19145 :. T.N. Act xmJ Prevention of Begging 945 (2) The period during which such erson is absent from a work-house or a special home d' uring the , continuance of a permission granted to him under this section shall, for the purpose 9 computing his term of detention in a work-house or a special home, ' be deemed to be part of his c'etention. '20. (1) Subject to such conditions as may be Conditional specified, the State Government may, c.f their o m relwc. motion or on application, at any time, release a person detained in Zd work-house or a special home. (2) Any order of rekase issued under sub-section (1) shall be in force until the expiry of the term for whirh the person was ordered to be detained ina work- house or a special hohe, as the case may be, unless sooner revoked. (3) The State Government may,, at any time, revoke the order ofrelease issued under sub-section (1) - for any violation of the conditions subject to whicll the order was issued and thereup011 the person released shall be detained in a work-house or a special home, as the case may be, until the expiry of the period for which he had been ordered to be detained. l21. At any time after the expiration of tJirec Unconditiona I months frorn the comrnencen~ent of the release of release. any person under sub-section ( 1 ) of section 20, the Commissioner of Police in the City of Madras and the Superintendent of Police elsewhere, may, if he is satisfied from the circumstances of the case that such person is not likely to beg again, recommend to the State Government his unconditional release. The State Government may thereupon, release such person unconditionally and on such release the term for which such person had been ordered to be detained in a work-house or a special home shall be deemed to have expired. - -- Stctions 13 to 29 were substituted for the driginal sections 13 and 14 by section 13 of the Tamil Nadu Prevmtron of Be&g (Amend- ' ' ment) Act, 1964 (Tamil Nadu Act 40 of 1964). 125-14-60 \ to be detained in ,:, (2) The Medical Officer shall make his report to the officer in chiirge of thc special home stating inter olio- (a) whether the person is a leper suRL.l.ing from conta_eious leprosy or not ; (h) from what, if any, communicable disease other th;111 leprosy the person is s~ifferin~ ; (c) whether the person is an idiot or of unsoun(1 mind ; (3) Where the medical repolt states that the beggar is a contagious leper or a lunatic, the officer in charge of the special home, sllnll forthwith forwed the report to the Magistrate who or the Juvenile Court - lgectior~s 13 to 29 weresub~tituted for the original sections 13 and 14 by section 13 of theTamil Nadu Prevantlon of Be~Oia0 (Amend- mat)Act,1964 (Tamil NaduAct40 of1964b p ": 6::- 'P 1945 : T.N. Act xm] Prevention of Begging 947 which, passed the order of detention. The Magistrate . or the Juvenile Court shall thereupon examine the -Medical Officer as a witness and shall reduce the examination to writing. If, after t e examination and upon such further inquiry, if a& as he or it thinks fit, the Magistrate or the Juvenile Court is of opinion that the beggar is a contagious leper or a lunatic, he or it shall record a finding to that effect and shall direct that the detention already ordered shall be under- gone by the beggar- (i) if a contagious leper , in a leper asylum appointed under sectioL 3 of the Lepers Act, 1898 (Central Act I11 of 1898) and notified to be a special home under clause (2) of section 2 ; (ii) if a lunatic, in an asylum established or licensed under section 84 of the Indian Lunacy Act, 1912 (Central Act N of 1912) and notified to b,o a special home under clause (2) of section 2. (4) Notwithstanding anything contained in the LepersAct, 1898 (Central Act 111 of1898) or the Indian Lunacy Act, 1912 (Central Act IV of 1912), if zny leper asylum appointed under section 3 of the Lepers Act, 1898 (Central Act 111 of 1598) or any asylum established or liceuscd under section 84 of the Indian Lunacy Act, 1912 (Central Act IV of 1912) is noti- fied to be a special llomc under clause (2) of section 2, the Superintendent of such lcper asylum or the person in charge of such lunatic asyl~m~, as the case may be, shall also have authority to detain persons sent thereto in accordance with a directioh of the Magistrate or the Juvenile Court '[under section 10-A or section 12-A or under this section , as tl~c case may be]. 1 'These words, figures and letters were substituted for the words "undcr this Mion by section 8 of tho Tamil Nadu Prevention of Begging (Amendment) Act, 1975 (Tamil Nadu Act 28 of 1975). , C ? i !M8 Prevention of Beggi'zg [I945 : T.N. Act Xm . Selznte and '24. (1) Any Police Officer effecting the arrest of disp-1 of ani- a pzrson who was found begging may seize any animal mab used for used for the purpose of begging and detain it pending the purpose of bellsing. production before the Magistrate or the Juvenile Court. (2) Pending conclusion of the trial, ths Magistrate or the Juvenile Court may make such order as he or it thinks fit for the proper custody of the animal pro- duced under sub-section (1). (3) The Magistrate or the Juvenile Court may, when the trial is concluded, order that the animal be dstroyed or confiscated to the State Government or dzlivered to the person claiming to be entitled to the possession thereof. Per3ons to be deemed public '25. All pzrsons empowered to perform functions servants. under this Act shall be deemed to be public servants within the meaning of thc Indian Penal Code (Central. Act XLV of 1860). Central A C ~ v '26. The provisions of Chaptcr XLII of the Code of 1898 to of Criminal Procedure, 1898 *(Centl-a1 Act V of 1898) apply to bond5 taken under thc shall, SO far as may be, apply to bonds taken under k t . this Act. Appeals. '27. For the purposcs of appeal and revision under thz Codc of Criminal Procedure, 18981. (Central Act V of 1898) an order of detention under this Act shall be deemed to be a sentence of imprisoiiment for the same period. Power t- make '28. (1) The State Govern~llent may make rules rules. for carrying out all 01. any of the purposes of this Act. -----, - -- I Sections 13 to 29 were substituted for the original sections 13 and * 14 by section 13 of the Tamil Nadu Frcvention of Beggins (Amendnlcnt) Act, 1964 (Tamil Nadu Act 40 of 1964). *See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), Chapter XXXIII. tSee IIOU. the Code of Criminal Procedure, 1973 (Central Ac: 2 of 1974). 1945 : T.N. Act MII] Prevention of Begging 949 1 I (-2) In particular and without prejudice to the 1 generality of the foregoing power, such rules may pro- vide for or regulate- i (a) all matters expressly huired or allowed by this Act to be prescribed ; . . > . - - . ; f (b) the management of work.-houses and special homes, the detention of persons ordered to be detained in such work-houses and special homes and the maintenance, care, treatment and instruction of such persons, including all matters relating to their diet and accommodation as well as their labour and generalconduct; * (c) the discharge of persons from such work- houses and special homes ; (d) the obtaining of suitable employment outside such work-houses and speqial homes for per- sons detained therein ; (e) the nature, incidents and m~~ximum periods of the punishments to be imposed on persons detained in work-houses and special homes for breach of any rules or for failure or neglect to accept any suitable employment outside such work-houses and special homes which may be obtained for them ; and . (f) the manner of medical examination of beggars. (3) All rules made under this Act shall be pub- lished in the Fort St. George Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published. (4) Every rule made undrr this Act shall, as soon as possible, after it is made, I)e placed on the table of both Houses of the Legislature, and if, before the pxpiry of the session in which it is So plaoed or the ' . 6 Rcpral. * ,$$<:g: [ . - - , a s >* 2" "' . . ' 'LI< 950 Prwention of Begging [1945: T.N. Act ]Lm next session, both Houses agree in making any modi- fication in any such rule or both Houses agree that the rule should not be made, the rule shall there- after have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. '29. On the date of coming into force of this Act in the City of Madras, sections 71-A to 71-L of the Madras City Police Act, 1888 ('[Tamil Nadu] Act 111 of 1888) shall stand repealed. 1 Sections 13 to 29 were substituted for the original sections 13 md I4 by section 13 of the Tamil Nadu Prevention of 8 - n ~ (Amendment) Act, 1964 ( T a d Nadu Act 40 of 1964). tftuted for the word " Madras " by tho Laws Orddt, 1969, as amended by tho of Lawa (Second Amendment) OrQors . , -, RNYCNT 0; Thmf* NhDo ' - ,- ' EXTRAORDINARY PuaLlstiEo BY AUTHORITY MADRAS, THURSDAY, JULY 7, 1994 I Aani 23, Bhava, Th;~~valluvar Aandu-2025 T Part IV - Section 2 Tamil Nadu Acts and Ordinances. The following .Act, of the Tamil Sadu Legislative Assembly received the assent of the President on the 1st July 1991 and is hereby published for general information :- t I ACT NO. 44 OF 1994. An Act further to urnend the Tamil Nadu Prevention of Begging Act, 1945. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty- fourth Year of the Republic of India as follows:-