Bare Act
Chapter III Chapter III
Chapter III Chapter III
12. Provision of Receiving Centres.
Receiving Centres and Certified Institutions
- (1) The Government may provide and maintain one or more Receiving Centres at such place or places as it thinks fit, and may certify any institution to be a Receiving Centre for the purpose of this Act.
- (2) Every such Receiving Centre shall be under the control of a Superintendent or In-charge.
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13. Provision of Certified Institutions.
- (1) The Government may provide and maintain one or more Certified Institutions at such place or places as it thinks fit, and may certify any institution to be a Certified Institution for the purposes of this Act and in any such certified Institution provision may be made for the teaching of agricultural, industrial and other pursuits, and for the general education and medical care of the inmates thereof.
- (2) Every such Certified Institution shall be under the charge of a Superintendent or In-charge.
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14. Visiting Committees.
For every Receiving Centre and every Certified Institution, the
Government shall appoint a Visiting Committee in such manner as may be prescribed and every Visiting Committee so appointed shall exercise, perform and discharge such powers, duties and functions as may be prescribed.
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15. Advisory Committees.
- (1) The Government may constitute an Advisory Committee consisting of such persons, not exceeding twenty-one in number, as it may appoint: Provided that, where a local authority has agreed to render such financial assistance as the Government may consider proper in each case, for the maintenance of Certified Institution in which beggars from the area within the jurisdiction of the local authority are detained, the Government shall appoint such number of persons as it deems fit on the Advisory Committee representing the local authority.
- (2) The Advisory Committee constituted under sub-section (1) or any member thereof, may visit at all reasonable times and after due notice to the Superintendent or In-charge of any Certified Institution in which beggars are detained.
- (3) The Advisory Committee may also—
- (a) tender advice as regards management, to any Certified Institution through the Chief Inspector or such other officer as the Government may specify;
- (b) collect subscriptions towards the recurring as well as non-recurring expenses of any or all Certified Institutions within the local area or in which beggars are detained from that area and disburse the collections in the prescribed manner;
- (c) advise the Government, through the Chief Inspector, as regards the certification of any
institution as a Certified Institution or the de-certification of any Certified Institution within the local area;
- (d) advise the Government generally on the working of this Act, and particularly on any point referred to it by the Chief Inspector or any other officer specified by the Government.
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16. Payment of contribution by local authorities and recovery thereof.
(1)
Notwithstanding anything contained in any law for the time being in force, any local authority which has agreed to pay a certain sum of money for the maintenance of a Certified Institution shall make payment of that sum to the Government before a date prescribed in that behalf.
- (2) If any sum is not paid by a local authority before the prescribed date, the Government may make an order directing any person, who for the time being has custody of any moneys on behalf of the local authority as its officer, treasurer, banker or otherwise to pay the sum from such moneys as he may have in his hands or may from time to time receive, to the Government and such person shall be bound to obey such order and every payment made pursuant to such order will be sufficient discharge to such person from all liability to the local authority in respect of any amount paid by him out of the moneys of the local authority so held by him.
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17. Appointment of Chief Inspector, Additional Chief Inspector, Inspectors, Assistant
Inspectors and Probation Officers.— (1) For carrying out the purposes of this Act, the Government may appoint a Chief Inspector of Certified Institutions, an Additional Chief Inspector of Certified Institutions, an Inspector and such number of Assistant Inspectors and Probation Officers as it thinks advisable to assist the Chief Inspector; and every person so appointed to assist the Chief Inspector shall have such of the powers and perform such of the duties, of the Chief Inspector as the Government directs but shall act under the direction of the Chief Inspector.
- (2) Every Receiving Centre and Certified Institution shall, at least once in every month, be inspected by the Chief Inspector, Additional Chief Inspector, Inspector, Assistant Inspector or a Probation Officer.
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18. Search in Receiving Centres and Certified Institutions.
- (1) The Superintendent or In-charge of a Receiving Centre or a Certified Institution may order that any person received in the Receiving Centre or Certified Institution shall be searched, that he shall be cleansed, that his personal effects shall be inspected and that any money or valuables found with or on the person shall be kept in the custody of the Superintendent, and that any effects other than money or valuables so found shall be disposed of in the prescribed manner: Provided that a female shall be searched only by a female and with due regard to decency.
- (2) Where an order of detention is passed by the Court against any such person, the Superintendent may order that any money or valuables found with him or on his person shall be disposed of in the prescribed manner and where the Court passes an order other than an order of detention with regard to any such persons, his money and valuables shall be returned to him and if his clothing had been destroyed, he shall be provided with fresh clothing.
- (3) The expenses of providing such clothing shall be paid out of the moneys provided by the Government.
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19. Management and discipline.
Every person remanded to, or detained in, the Receiving Centres and 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.
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20. Disciplinary Imprisonment.
- (1) Without prejudice to any disciplinary action that may
be taken under section 19 the Chief Inspector, the Additional Chief Inspector, the Inspector or the Superintendent or In-charge may report to the Court the case of any person detained in a Certified Institution who habitually and wilfully disobeys or neglects to comply with any rule referred to in that section and the Court may thereupon, if satisfied that the person has wilfully disobeyed or neglected to comply with any such rule, convert the unexpired portion of the period of his detention in a Certified Institution or part thereof into a term of imprisonment.
- (2) The sentence of imprisonment ordered as aforesaid shall be executed in the same manner as a sentence passed under section 6.
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21. Transfer from one Receiving Centre or Certified Institution to another.
(1) Subject to such conditions as may be prescribed the Chief Inspector may direct any person detained in a Receiving Centre or Certified Institution to be transferred therefrom to another Receiving Centre or Certified Institution:
Provided that the total period of detention of such person shall in no case be increased by such transfer.
- (2) In directing such transfer the Chief Inspector shall have regard to the medical certificate and the directions, if any, made by the Government or Court under section 26.
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22. Release on permit.
- (1) Subject to such conditions as may be prescribed; (a) the Chief Inspector or the Superintendent or In-charge of the Certified Institution may at any time grant permission to a person detained in a Certified Institution to absent himself for such period as may be specified by him; and (b) the Chief Inspector may at any time permit in writing the release of such person conditionally and grant him a copy of such permit.
- (2) Any such permit 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 under this section shall, for the purpose of computing his term of detention in a Certified Institution, be deemed to be part of his term of detention.
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23. Revocation of permit.
- (1) Subject to such conditions, as may be prescribed, the Chief Inspector may at any time revoke any permit granted under section 22, 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 the nearest Receiving Centre together with a copy of the order of detention, and thereupon the provision of sub-section (1) of section 25 shall as far as may be apply.
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24. Unconditional release.
At any time after the expiration of three months from the commencement of the release of any person under a permit granted under section 22, the Chief Inspector may, if he is satisfied that there is a probability that such person will abstain from begging, recommend to the Government his unconditional release and the Government may on such recommendation release such person unconditionally, and thereupon the term for which such person had been ordered to be detained in a Certified Institution shall be deemed to have expired.
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