Chapter I PRELIMINARY.

(1) This Act may be called the Gujarat Prevention of Begging Act, 1959. (2) It extends to the whole of the State of Gujarat. (3) It shall come into force in any area of the State, on such date as the State Government may by notification in the Official Gazette, appoint in that behalf for that area. (4) On the commencement of this Act in any area of the State in the manner provided in sub-section (3), all corresponding laws in force in that area (including the laws mentioned in the Schedule, to the extent specified in the third column thereof) shall stand repealed therein: Provided that, notwithstanding such repeal anything done or any action taken (including any appointment made, receiving centres and institutions provided, maintained, certified, approved or recognized, authorizations given, powers conferred and duties imposed, committees appointed or constituted, licences granted, notifications issued and rules made) under any law so repealed, shall in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; and shall continue in force accordingly unless and until superseded by anything done or any action taken under this Act. And, without prejudice to the aforesaid provision and subject thereto, section 7 of the Bombay General Clauses Act, 1804, shall apply in relation to the repeal of any such law, and if such law be not an enactment within the meaning of that section, it shall apply in relation thereto as if it were an enactment within the meaning of that section.

(1) In this Act, unless the context otherwise requires- (i) " begging " means- (a) soliciting or receiving alms in a public place, whether or not under any pretence such as singing, dancing, fortune-telling, performing or offering any article for sale; (b) entering on any private premises for the purpose of soliciting or receiving alms; (c) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease whether of a human being or animal; (d) having no visible means of subsistence and, wandering about or re maining in any public place in such condition or manner, as makes it likely that the person doing so exists by soliciting or receiving alms; (e) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms; but does not include soliciting or receiving money or food or gifts for a purpose authorised by any law, or authorised in the manner prescribed in Greater Bombay by the Commissioner of Police, and elsewhere by the District Magistrate, or in any part of the State by the State Government; (ii) "Certified Institution" means any institution which the State Government provides and maintains for the detention, training and employment of beggars and their dependants, and includes an institution certified to be such under sub-section (1) of section 13; (iii) "Chief Inspector" means the person appointed to be the Chief Inspector of Certified Institutions under sub-section (1) of section 17, and includes an Additional Chief Inspector appointed under that section; (iv) "child" has the same meaning as in the Bombay Children Act, 1948; (v) "Court" means the Court of a Judicial Magistrate of any class, or any other Court exercising criminal jurisdiction, in the area in which this Act is in force; (vi) Juvenile Court has the same meaning as in the Bombay Children Act, 1948; (vii) "prescribed" means prescribed by rules made under this Act; (viii) "Probation Officer" means an officer appointed to be a Probation Officer under sub-section (1) of section 17; (ix) "public place" includes a railway compartment; (x) "Receiving Centre" means an institution for the reception and temporary detention of beggars provided by the State Government, or certified to be such under sub-section (1) of section 12; (xi) "Superintendent" means a Superintendent of a Receiving Centre or a Certified Institution, as the case may be. (2) Any reference to, or to a provision of, a Central or Bombay Act which is not in force in any area in which this Act is brought into force shall in relation to that area be construed as a reference to the corresponding law (if any) in force therein.