Removal of a beggar from any place

(l) Whenever a person is alleged to be begging and is produced before the Magistrate, the Magistrate shall proceed to inquire into the truth of the information received and, after giving the person an opportunity of adducing evidence, take such further evidence as he thinks fit, and if upon such inquiry it appears to him that such a person is found begging, he shall record a declaration that the person is a beggar. The Magistrate shall also determine, after making an enquiry in the manner prescribed, whether the person was born in the State of Himachal Pradesh and domiciled therein and shall include his findings in the declaration. (2) If in the course of an inquiry made under sub-section (1), it appears to the Magistrate that the person declared a beggar under sub-section (1) is neither born nor domiciled in the State of Himachal Pradesh, the Magistrate, after making such enquiry, if any, as he deems necessary, and if upon such enquiry it appears to him that it is in the interest of the general public that such person should be required to remove himself therefrom and be prohibited from re-entering the same, the Magistrate shall by order in writing communicated to the person in the manner specified therein, require him after a date (to be specified in the order), which shall not be less than seven days from the date of the order, to remove from the place to such place, whether within or without the local limits of his jurisdiction, by such route or routes, and within such time as may be specified in the order and also prohibit him from re-entering the place without the permission in writing of the Magistrate having jurisdiction over such place. (3) Whoever- (a) fails to comply with an order issued under sub-section(2), within the period specified therein, or whilst an order prohibiting him of her from re-entering a place without permission is in force, re-enters the place without such permission, or (b) knowingly that any person has, under sub-section (2) been reqired to remove himself or herself from the place and has not obtained requisite permission to re-enter it, harbours or conceals such person in the place, shall be punishable,- (i) on first conviction with imprisonment for a term which may extend to three months, or with a fine which may extend to five hundred rupees, or with both; and (ii) in the event of a second or subsequent conviction with imprisonment for a term not less than three months and with fine which may extend to one thousand rupees; and (iii) in the case of continuing offence with an additional fine which may extend to twenty rupees for every day after the first offence during which such person has persisted the offence: Provided that in the case of conviction for an offence under sub-clause (ii) of this sub-section, for special and adequate reasons to be mentioned in the judgment of the court, the sentence of less than three months’ imprisonment may be passed. (4) If in the course of an enquiry made under sub-section (1), it appears to the Magistrate that the person declared a beggar under sub-section(1), is either born or domiciled in the State of Himachal Pradesh or that it would not be in the general public interest to order his removal under sub-section (2), shall, after giving such a person an opportunity of adducing further evidence, as he may deem fit, punish such a beggar,- (a) on first conviction with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and (b) in the event of a second subsequent conviction with imprisonment for a term of not less than three months and with fine which may extend to one thousand rupees: Provided that in the case of conviction for an offence under sub-clause (b) of this sub-section, for special and adequate reasons to be mentioned in the judgement of the court, a sentence of less than three months’ imprisonment may be passed. (5) Notwithstanding anything contained in this section, if any person, who is declared as a beggar under sub-section(1), is a child, shall be dealt with under the provisions of the East Punjab Children Act, 1949 (39 of 1949), as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966), or the Children Act, 1960 (60 of 1960), as in force in the areas, which comprised in Himachal Pradesh immediately before the 1st day of November, 1966, as the case may be.