Chapter V MANAGEMENT OF AND DISCIPLINE IN CERTIFIED INSTITUTIONS

(1) Any beggar may present himself for admission into any certified institution and the Superintendent of the Institution shall, after satisfying himself that he is a beggar, admit him to such institution. (2) Any beggar desirous of admission into a certified institution under sub-section (1) shall, before his admission execute an agreement to the effect that he shall abide by the rules and regulations of the institutions and comply with such general and special directions and orders as may be given at any time by the Superintendent of the institution. (3) Such beggar may be transferred from one certified institution to another.

(1) Subject to the provisions of sub-section (2) when a person has been ordered to be detained in a certified institution under section 6, the court which ordered the detention shall forthwith forward him to the nearest certified institution with a copy of the order of detention and the person shall thereupon be handed over to the custody of the Superintendent of the institution, who shall detain him in the institution. (2) When any such person has been sentenced to imprisonment, the court passing the sentence of imprisonment, shall forthwith forward a warrant to a jail in which he is to be confined and shall forward him to such jail with the warrant together with a copy of the order of detention. After the sentence of imprisonment is fully executed, the officer executing it shall, if detention in a certified institution for any period remains to be undergone by such person, forward him forthwith together with the copy of the order of detention to the nearest certified institution.

(1) The Superintendent of a certified institution may order that any person received in the certified institution shall be searched, that his personal effects shall be inspected, that any money or valuables found with or on the person shall be kept in the custody of the Superintendent or disposed of in the prescribed manner, and that any effects other than money or valuables so found shall be disposed of in the prescribed manner: Provided that a woman or female child shall be searched by a woman only and with due regard to decency. (2) Where any such person is released or discharged from the certified institution his money and valuables, if any kept with the Superintendent shall be returned to him and if his clothing has been destroyed, he shall be provided with fresh clothing and the expenses therefor shall be borne by the Government.

Persons detained in certified institutions under this Act shall be subject to such rules of management and discipline, including the imposition of manual or other work and the awarding of punishment for breach of any such rules, as may from time to time, be prescribed.

Without prejudice to any disciplinary action that may be taken under section 18, the Chief Inspector may report to the court the case of any person detained in a certified institution who habitually or wilfully refuses or neglects to comply with all or any of the rules referred to in section 18 and the court may if satisfied that the person has wilfully refused or neglected to comply with such rules convert any, period of his detention in a certified institution not exceeding three months into a term of imprisonment to a like period.

(1) The Chief Inspector may direct that any person detained in a certified institution may be transferred therefrom to another certified institution. (2) In directing such transfer, the Chief Inspector shall have due regard to the medical report referred to in sub-section (3) of section 4 and the directions, if any, made by the court under sub-section (6) of section 6.

(1) The Chief Inspector may at any time grant permission to a person detained in a certified institution to absent himself for short periods or release him by granting a licence on such terms and conditions as may be prescribed: Provided that in urgent cases, the Superintendent of a certified institution may grant such permission for any period not exceeding fifteen days. (2) Any licence granted under sub-section (1) shall be in force until the expiry of the term for which the person was ordered to be detained in a certified institution unless sooner revoked. (3) The period during which such person is absent from a certified institution during the continuance of a permission or a licence granted to him under sub-section (1) shall for the purpose of computing his term of detention in a certified institution be deemed to be part of his detention.

(1) The Chief Inspector may at any time revoke a licence granted under sub-section (1) of Section 21 and thereupon the released person shall be detained in a certified institution until the expiry of the term for which he had been ordered to be detained. (2) For the purpose of this section, the Chief Inspector may if necessary, cause the released person to be arrested and sent to nearest certified institution together with a copy of the order of detention, and thereupon the provisions of sub-section (1) of section 16 shall, so far as may be, apply.

If the Government at any time, of their own motion or on application made to them, are satisfied that a person convicted under section 6 or section 27 and committed to a certified institution, has been cured of the disease or is in a fit state of health to earn his living or is otherwise fit to be discharged before the expiry of the period for which he has been committed, they may, by order, direct that the person so detained shall be released subject to such restrictions and conditions, if any, as may be specified in the order.

Any person who leaves a certified institution without the permission of the Superintendent or fails to return thereto after the expiry of the period of absence permitted under sub-section (1) of section 21 may be arrested by an authorised officer, without warrant, and sent back to the certified institution.

The Government may direct any person detained in a certified institution in this State to be transferred therefrom to any institution of a like nature in any other State in respect of which provision similar to that in this State is made by the Government of that other State under any law in force therein: Provided that no such transfer shall be made without the previous consent of the Government of that other State.

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 the Commissioner of Police or any officer empowered by him in this behalf in the cities of Hyderabad and Secunderabad and by the District Magistrate or any officer empowered by him in this behalf elsewhere.

(1) Whoever is found begging in contravention of the provisions of section 3 shall, on conviction, be punished with imprisonment for a term which shall not be less than six months but shall not be more than two years or with fine which may extend to Rs. 200 or with both. (2) Whoever, after having been convicted under sub-section (1), is again convicted for a second time, he shall be punished with imprisonment for a term which shall be not less than two years but shall not be more than three years. (3) Whoever, after having been convicted under sub-section (2) for a second time, is convicted again, he shall be punished with imprisonment for a term which shall not be less than three years but shall not be more than five years.

Whoever employs or causes any person to solicit or receive alms, or whoever having the custody, charge or care of a child connives at or encourages or causes the employment of a child to solicit or receive alms or whoever uses another person or a corpse as an exhibit for the purpose of begging, shall on conviction, be punished with imprisonment for a term which shall not be less than two years but shall not be more than seven years and in case he is a beggar, thereafter with detention in a certified institution for a period of not less than one year and not more than three years or with imprisonment for a further term which may extend to one year in lieu of such detention.

Whoever refuses to allow his finger prints to be taken under section 26 shall, on conviction, be liable to have his period of detention in a certified institution not exceeding three months converted to a term of imprisonment extending to a like period.

The offence under section 28 of this Act shall be cognizable and non bailable.

All persons empowered to perform any function under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

An order of detention under this Act shall be deemed to be a sentence of imprisonment for the same period, for the purposes of appeal and revision under the Code of Criminal Procedure, 1973.

(1) The Government may, by notification, and subject to the condition of previous publication, make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this section shall, immediately after it is made, be laid before each House of the State Legislature, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days, which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification, or annulment shall be without prejudice to the validity of any thing previously done under that rule.

The Andhra Pradesh (Andhra Area) Prevention of Begging Act, 1945 (Act XII of 1945), the Andhra Pradesh (Telangana) Prevention of Beggary Act, 1350 F. (Act XX of 1350F) and the Andhra Pradesh Prevention of Begging Ordinance, 1976 (Ordinance 26 of 1976) are hereby repealed and; upon such repeal the provisions of sections 8 and 18 of the Andhra Pradesh General Clauses Act 1891 (Act 1 of 1891), shall apply as if the said Acts and Ordinance had been repealed and re enacted by the Andhra Pradesh Act.