THE UTTAR PRADESH PROHIBITION OF BEGGARY ACT, 1975

1975 · State unknown · central · act_text

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1 · [Authoritative English Text of the Uttar Pradesh Bhiksha Vritti Pratishedh Adhiniyam, 1975]

1 · This Act may be called the Uttar Pradesh prohibition of beggary Act, 1975.

1 · . For Statement of Objects and Reasons, please see Uttar Pradesh Gazette (Extraordinary) dated August 7, 1975.

2 · In this Act, unless the context otherwise requires: -

3 · (1) The State Government may, by notification in the official Gazette consitute a State Destitutes Relief Committee.

4 · No act or proceeding of the Committee shall be deemed to be invalid by reason merely of any vacancy or any defect in the constitution of the committee.

5 · The Committee shall -

6 · (1) There shall be a Secretary of the Committee who shall be appointed by the State Government on such terms and conditions as the State Government determine.

7 · (1) The Committee may, for the purpose of carrying out the provisions of this Act in any local area, constitute a Local Relief Committee in such manner as may be prescribed.

8 · No person shall beg within an area to which this Act applies.

9 · (1) Any police officer may arrest without warrant any person who is found begging and shall take or send the person so arrested to a Court:

1 · [(5) If a person is found to be a beggar under the last preceding sub -section the Court may pass any of the following orders, namely :-

1 · . Subs. by sec. 2 of U.P. Act No. 21 of 1978 .

11 · (1) Notwithstanding anything contained in this Act, where it is found that a person against whom an inquiry is to be held under section 10 is a child, the Court shall, if the provisions of Uttar Pradesh Children Act, 1951 are applicable in that local area, forward the child to a Juvenile Court which shall deal with him in accordance with the provisions of that Act.

12 · (1) Whoever, having been previously detained in a Certified Institution under this Act, is found begging, shall on conviction be punished as hereinafter provided.

13 · Where the court has ordered the detention of a person in a Certified Institution under section 10 or section 12 it may, after making such inquiry as it thinks fit, order any child below the age of five years wholly dependent on such person, to be kept in the Certified Institution during the whole or part of the period of his detention.

14 · (1) The Court which makes an order for the detention of any person in a Certified Institution under section 10 or section 12 may make an order that the parent or any other person liable to maintain him shall, if able to do so, contribute to his maintenance in the prescribed manner.

15 · Whoever employs or causes any person to beg or whoever having the custody, charge or care of a child, connives at, induces or encourages him or whoever uses another person as an exhibit for the purpose of begging, shall on conviction be punished with imprisonment for a term which shall not be less than one year and may extend up to three years.

16 · Any person refusing or failing to accompany a police officer or any other person authorised in this behalf to appear before a Court or Magistrate or to taken to a Certified Institution or other place, when required under this Act, shall on conviction be punished with imprisonment for a term which may extend to six months or with fine or with both.

17 · (1) The state Government may provide and maintain one or more Certified Institution at such place or places as it thinks fit and may cetify any institution to be a Certified Institution for the purposes of this Act.

18 · Any person who is detainned in a Certified Institution under this Act shall be subject to such rules of management and discipline including the taking of manual or other work and the awarding of punishment for breach of any such rules, as may, from time to time be prescribed.

19 · Subject to such condition as may be prescribed any person detained in a Certified Institution under this Act may be transferred to any other Certified Institution provided that the total period of detention of such person shall in no case be increased by such transfer:

20 · Any person who leaves a Certified Institution without the permission of the Superintendent thereof or any other lawful excuse, or fails to return after the expiry of the period of absence permitted under this Act, may be arrested by any police officer without warrant or by an officer of the Certified Institution authorised in this behalf by the State Government and shall be sent back to the Certified Institution.

21 · (1) Where it appears to the State Government or any person authorised by the State Government in this behalf that any person detained in a Certified Institution under this Act is a lepeer, or of unsound mind, the State Government, or the person so authorised as the case may be, may order the removal of that person to a leper asylum or a mental hospital or other place of safe custody.

22 · . (1) Subject to such conditions as may be prescribed, the State Government or any other person authorised in this behalf may at any time grant permission to a person detained in a Certified Institution to absent himself for short periods or may at any time release such person conditionally and issue him a licence therefor.

23 · (1) A person ordered to be detained in a Certified Institution under this Act shall, as soon as may be, after his arrival at a Certified Institution be examined by a Medical Officer.

24 · The superintendent of Certified Institution may direct that any person received in the Certified Institution shall be searched, that he shall be cleansed that his personal effects shall be inspetced and that any money or other thing found with him shall be disposed of in the prescribed manner:

25 · (1) Every person ordered to be detained in a Certified Institution under this Act shall at any time allow his finger prints to be taken by any officer empowerd by rules in this behalf.

26 · (1) Any police officer arresting a person under section 9 may seize any animal, the sore wound, injury, deformity or disease of which was exposed or exhibited by such person with the object of obtaining or exorting alms.

27 · All offences under this Act shall be cognizable and nonbailable.

28 · For the purposes of appeal and revision under the Code of Criminal Procedure, 1973 an order of detention passed under this Act shall be deemed to be a sentence of imprisonment.

29 · All person empowered to perform any function by or under this Act shall be deemed to be public servants within the meaning of section section 21 of the Indian penal Code.

30 · The provisions of Chapter XXXIII of the Code of Criminal Procedure, 1973 shall, so far as may be, apply to bonds taken under this Act.

31 · (1) The State Government may be notification in the offical Gazette make rules for carrying out the purposes of this Act.

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