Chapter IV Chapter IV

Miscellaneous

1. (1) Subject to the provisions of sub-section (2), when a person has been ordered to be detained in a Certified Institution under section 5 or section 6 or section 9, the Court which ordered the detention shall forthwith forward him to the nearest Receiving Centre with a copy of the order of detention and the person shall thereupon be handed over into the custody of the Superintendent or In-charge of the Receiving Centre and shall be detained in the Receiving Centre until he is sent therefrom to a Certified Institution.
2. (2) When any such person has also 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 and 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 Receiving Centre, and thereupon the provisions, of sub-section (1) shall, as far as may be, apply.
3. (3) In computing the period for which a person is ordered to be detained in a Certified Institution, there shall be included the period for which he is detained in a Receiving Centre under this section.

1. (1) Where it appears to the Government that any beggar detained in a Certified Institution under any order of a Court is of unsound mind or a leper, the Government may by an order setting forth the grounds of belief that the beggar is of unsound mind or a leper, order his removal to a mental hospital or leper asylum or place of safe custody, there to be kept and treated in such manner as the Government directs during the unexpired portion of the term for which he has been ordered to be detained or, if on the expiration of that term it is certified by a medical officer that it is necessary for the safety of the beggar or of others that he should be further detained under medical care or treatment, then until he is discharged according to the Law relating to the lunatics or lepers, as the case may be, for the time being in force.
2. (2) Where it appears to the Government that the beggar has ceased to be of unsound mind, or is cured of leprosy, it shall, by an order directed to the person having charge of the beggar, if still liable to be kept in custody, order him to be discharged.
3. (3) The provisions of section 31 of the Indian Lunacy Act, 1912, or of the Legislative Diploma No. 430, dated the 18th August, 1930, shall apply to every beggar confined in a mental hospital or leper asylum under sub-section
4. (1) after the expiration of the period for which he was ordered to be detained, and the time during which a beggar is confined in a mental hospital or leper asylum under that sub-section shall be reckoned as part of the period for which he may have been ordered by the Court to be detained: Provided that where the removal of a beggar due to unsoundness of mind or leprosy is immediately necessary it shall be open to the authorities of the Institution in which the beggar is detained to apply to a Court, having jurisdiction under the Indian Lunacy Act, 1912, or under the provisions of the Legislative Diploma No. 430, dated the 18th August, 1930, as the case may be, for an immediate order of committal to a mental hospital or a leper asylum until such time as the orders of the Government be obtained in the matter. 4 of 1912. 4 of 1912.

Any person who leaves a Receiving Centre or a Certified Institution without the permission of the Superintendent thereof, or fails to return thereto after the expiry of the period of absence permitted under sub-section (1) of section 22, may be arrested by any police officer without warrant or by an officer of the Receiving Centre or Certified Institution authorised in this behalf by the Government and sent back to the Receiving Centre or Certified Institution, as the case may be.

(1) The Government may direct any person detained in a Certified Institution to be transferred therefrom to any Institution of a like nature in any other part of India in respect of which provision similar to that in the Union territory of Goa, Daman and Diu is made by the Government of that part under any law in force therein:

Provided that no person shall be transferred under this section to any part of India without the consent of the State Government in the case of a State and the Central Government in the case of any Union territory.

1. (2) The Government may in consultation with the Superintendent or In-charge of any Certified Institution, consent to the transfer to that Institution of any person in respect of whom

an order of detention has been made by a competent authority in any other part of India of the nature of an order under this Act directing him to be detained in a Certified Institution of a like nature and upon such transfer, the provisions of this Act shall apply to such person.

1. (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 the District Magistrate or any Officer empowered by him in this behalf.
2. (2) Whoever refuses to allow his finger prints to be taken under sub-section (1) 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.
3. (3) The sentence of imprisonment ordered under sub-section (2) shall be executed in the same manner as a sentence passed under section 6.

1. (1) Any police officer or other person, effecting under sub-section (1) of section 4 the arrest of a person

who was found begging 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 extorting alms.

1. (2) The police officer or other person effecting the arrest may remove such animal to any infirmary appointed under section 35 of the Prevention of Cruelty to Animals Act, 1960, for detention therein pending its production before a Court.
2. (3) The Court before which the person found begging is brought may direct that the animal shall be treated and cared for in such infirmary until it is fit for discharge or that it shall be sent to a pinjrapole, or if the veterinary officer-in-charge of the area in which the animal is found or such other veterinary officer as has been authorised by the rules made under section 38 of the Prevention of Cruelty to Animals Act, 1960, certified that the sore, wound, injury, deformity or disease of the animal is incurable or cannot be removed without cruelty, that it shall be destroyed and the Court may also order that, after release from the infirmary, the animal may be confiscated.
3. (4) An animal sent for care and treatment to an infirmary, shall not, unless the Court directs that it shall be sent to a pinjrapole or that it shall be destroyed, be released from such place except upon a certificate of its fitness for discharge issued by the veterinary officer-in-charge of the area in which the infirmary is situated or such other veterinary officer as has been authorised by rules made under section 38 of the Prevention of Cruelty to Animals Act, 1960. 59 of 1960. of1960 59 of 1960.

The offences under sections 6 and 11 of this Act shall be cognizable and non-bailable.

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

The provisions of Chapter XLII of the Code of Criminal Procedure, 1898, shall, so far as may be, apply to the bonds taken under this Act.

For the purpose of appeal and revision under the Code of Criminal Procedure, 1898, an order of detention under this Act, including an order of detention under section 5, shall be deemed to be a sentence of imprisonment for the same period. 45 of 1860.

5 of 1898.

5 of 1898.

1. (1) The Government may, by notification in the Official Gazette, and subject to the condition of previous publication for thirty days make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the manner of authorising a purpose under clause (i) of section 2;
   • (b) the manner of keeping persons arrested under sub-section (3) of section 4 or sub-section (4) of section 9;
   • (c) the manner of making summary inquiry under sub-section (1) of section 5;
   • (d) the manner in which contribution for the maintenance of a person detained in a Certified Institution may be ordered to be paid under sub-section (1) of section 8;
   • (e) the manner of appointing a visiting committee under section 14 and the powers, duties and functions thereof;
   • (f) the conduct of business by the Advisory Committee;
   • (g) the date before which payment shall be made under sub-section (1) of section 16;
   • (h) the manner in which the effects and the money and valuables referred to in section 18 shall be disposed of;
     • (i) the management and discipline of persons detained in a Receiving Centre or Certified Institution including the imposition of manual or other work and the awarding of punishment for breach of any rule made under this clause;
   • (j) the conditions subject to which the Chief Inspector may direct transfers under section 21;
   • (k) the conditions subject to which a person may be released on permit under section 22;
   • (l) the conditions subject to which a permit may be revoked under section 23;
   • (m) the manner of medical examination of beggars;
   • (n) any other matter which is required to be or may be prescribed.
3. (3) All rules made under this Act shall be published in the Official Gazette and shall be laid on the table of the Legislative Assembly as soon as may be after they are made and shall be

subject to such modifications as the Assembly may make during the session in which they are laid or the session immediately following.

Legislative Diploma No. 1257, dated the 28th October, 1948, and any other law in force immediately before the commencement of this Act, corresponding to this Act shall as from commencement, stand repealed except as respect things done or omitted to be done thereunder.

Secretariat, Panaji, 6th March, 1973. B. M. MASURKAR, Secretary to the Govt. of Goa, Daman and Diu, Law and Judiciary Department.