Chapter VII MISCELLANEOUS

1[Chairman of the Central Relief Committee] may direct any person detained in a receiving centre or relief centre or any other institution to be transferred therefrom to another receiving centre, relief centre or Institution of a like nature in the State: Provided that the total period of detention of such person shall in no case be increased by such transfer.

¹ Substituted by Act 12 of 1988 w.e.f. 11.5.1988

(1) The Government or any authority to which the Government may delegate its power in this behalf, may, subject to such conditions as may be prescribed, release on parole for such period as it may deem necessary any beggar detained in a relief centre in case of any serious illness or death of any member of the beggar’s family or any of his nearest relatives or for any other sufficient cause.

1. (2) The period of release of a beggar under sub-section (1) shall not count towards the total period of his detention in the relief centre.

At any time after the expiration of three months from the date on which a beggar is detained in a relief centre, if the officer-in- charge of such relief centre is satisfied from the conduct of such beggar in such centre during the period of his detention that there is a probability that such person will abstain from begging, he may recommend to the Government his unconditional release and the Government may order the release of such person unconditionally and thereupon the term for which such person had been ordered to be detained in a relief centre shall be deemed to have expired.

(1) The

1[Chairman of the Central Relief Committee may] , in consultation with the officer-in-charge of a relief centre, order the transfer to that relief centre of any person in respect of whom an order of detention has been made by a competent authority in any other State in India of the nature of an order under this Act directing him to be detained in a relief centre or institution of a like nature, and upon such transfer, the provisions of this Act shall apply to such person as if he had been directed under this Act to be detained in such relief centre by a competent court in the State of Karnataka.

1. (2) The 1[Chairman of the Central Relief Committee may] , direct any person detained in a relief centre in the State to be transferred therefrom to any institution of a like nature in any other State in India to be detained therein under the provisions of law similar to this Act in force in that State: Provided that no person shall be transferred under this section to any other State without the consent of the Government of such State.

¹ Substituted by Act 12 of 1988 w.e.f. 11.5.1988

All offences under this Act shall be cognizable.

Fund.

Criminal Procedure, 1973 (Central Act 2 of 1974), every court shall, as far as possible give precedence to any proceeding under this Act over any other proceeding before such court.

Central Relief Committee or any local committee shall have power to acquire property, enter into contracts, institute and defend legal proceedings and do all other acts incidental thereto.

The Central Relief Committee or the local committees with the previous sanction of the Central Relief Committee may appoint officers for the purpose of the Act in accordance with the rules prescribed in that behalf.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Every person empowered to perform any function under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).

1[(1)] In order to carry out the purposes of this Act, a fund called the Central Relief Fund shall be formed. This Fund shall consist of,-

1. (i) subscriptions and donations;
2. (ii) grants from the Government;
3. (iii) the cess paid under sub-section (3) of section 31;
4. (iv) grants from local bodies, and other private or public institutions;
5. (v) fines recovered under this Act; and
6. (vi) receipts from other sources. 1. Re-numbered by Act 7 of 1982 w.e.f. 1.10.198 1[(2)The Central Relief Fund shall be administered by a Committee consisting of the Secretary to Government, Social Welfare and Labour Department who shall be the Chairman and the Director of Social Welfare and a representative of the Finance Department nominated by the Government who shall be the members of the Committee.

1. (3) Subject to such rules as may be prescribed, the Central Relief Fund shall be applied for such purposes and in such manner as may be decided by the Committee constituted under sub-section (2) from time to time.]

1. Sub-sections (2) and (3) Inserted by Act 7 of 1982 w.e.f. 1.10.1981

(1) With effect from such date as the Government may by notification appoint, a beggary cess in the form of a surcharge on,-

1. (i) tax on lands and buildings;
2. (ii) tax on entry of goods into the local area for consumption, use or sale therein;
3. (iii) tax on vehicles;
4. (iv) tax on professions, trades, callings and employments, shall be levied in the area within the jurisdiction of every local authority under the relevant laws relating to the levy of such taxes at the rate of three paise for every rupee of the taxes so levied.

1. (2) The cess levied under sub-section (1) shall be collected by the local authority concerned as if the cess were a tax payable under the relevant laws for the time being in force and the provisions of the said laws relating to the levy and collection of the said tax shall apply in respect of the levy and collection of such cess subject to such modifications as may be prescribed.
2. (3) The local authority shall be entitled to deduct as the cost of collection ten percent of the amount collected under sub-section (2) and the balance shall be paid by such local authority to 1[the Committee constituted under sub-section (2) of section 30] , within such time and in such manner as the Government may direct. 2["(4) If a local authority fails to make payment of such balance amount within the time as directed by the Government under sub-section (3), the Government may make an order directing the person having the custody of the fund of the local authority concerned to pay such balance amount in priority to any other charge against such fund and such person shall so far as the amounts to the credit of such fund admit, be bound to comply with the order.
3. (5) Where the balance amount due from a local authority is not paid in compliance with the order of the Government under sub-section(4), the such amount shall be recoverable from such local authority in the same manner as an arrear of land revenue and the amount so recovered shall be credited to the Central Relief Fund"]

¹ Substituted by Act 7 of 1982 w.e.f. 1.10.1981

1. Sub-sections (4) and (5) Inserted by Act 26 of 2003 w.e.f. 21.5.2003

The Government may, in accordance with the rules made in this behalf, appoint a Board of Visitors in local areas to inspect, from time to time, the institutions situated therein, and to report on the working of these institutions, to the Government and offer such suggestions as they deem fit for the improvement of the said institutions.

Criminal Procedure, 1973 (Central Act 2 of 1974) any person aggrieved by any decision of a magistrate under this Act, may apply to the Court of Session having jurisdiction in the prescribed manner and within the prescribed time for revision of such decision and the Court of Session in so doing may examine the legality or propriety of the proceedings before the magistrate. The decision of the Court of

Appeal.- (1) If any inmate of an institution is aggrieved by any order passed by any person in charge of the institution, he may appeal against that order to the Chairman of the local committee.

1. (2) The decision of the Chairman of the local committee may be taken up in second appeal to the Board of Appeal constituted in the prescribed manner by the

Charge for misconduct.- The Government may on the report of an auditor who may be appointed by the Government to audit the accounts of the Central Relief Fund pass an order charging any person responsible for causing any loss through misconduct or negligence, after obtaining his explanation and shall in every such case certify the amount due from such person, and upon the application of the Central Relief Committee the revenue authorities shall recover the said amount from such person as if it were an arrear of land revenue and credit to the Central Relief

Publication of annual accounts.- The annual accounts of receipts and expenditure, and the budget when sanctioned shall be open to public inspection and shall be published in such manner as may be prescribed.

(1) As soon as may be after the 1st July every year, and not later than such date as may be fixed by the Government, the Central Relief Committee shall submit to the Government an administration report for the preceding official year in such manner and with such details as the Government may direct.

1. (2) Each local committee shall, as soon as may be after the 1st July of each year and not latter than such date as may be fixed by the Central Relief Committee, submit to the Central Relief Committee an administration report for the preceding official year in such manner and in such form as may be fixed by the Central Relief Committee.
2. (3) The report shall be published in such manner as the Government may direct.