Chapter III Chapter III

Receiving Centres and Certified Institutions

Provision of Receiving Centres. -

1. (1) The State Government may provide and maintain one or more receiving centres as such place or places as it thinks fit, and may certify any institution to be a receiving centre for the purposes of this Act.
2. (2) Every such receiving centre shall be under the control of a Superintendent.

Provision of certified institutions. -

1. (1) The State 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. Any such certified institution may include provisions for the teaching of agricultural, industrial and other pursuits and for the general education and medical care of the inmates.
2. (2) Every such certified institution shall be under the charge of a Superintendent.

Visiting Committee. -

1. (1) For every receiving centre and every certified institution the State Government shall appoint a visiting committee in such manner as may be prescribed.

Advisory Committees. -

1. (1) The State Government may constitute for any area in which this Act has come into force under sub-section
2. (3) of Section 1 an Advisory Committee consisting of such persons not exceeding twenty-one in number as it may appoint : Provided that where a local authority renders financial assistance for the maintenance of certified institutions in which beggars from the area subject to the jurisdiction of the local authority are detained, the State Government shall appoint such number of persons representing the local authority as it deems fit on the Advisory Committee.
3. (2) The Advisory Committee constituted under sub-section
4. (1) in any area or any member thereof may visit, at all reasonable times and after due notice to the Superintendent any certified institution in which beggars from that area are detained.
5. (3) The Advisory Committee may also-
   • (i) tender advice as regards management to any Certified Institution through the Chief Inspector or such other officer as the State Government may specify;
   • (ii) collect subscriptions towards the recurring as well as nonrecurring expenses of any or all Certified Institutions within the area and in which beggars from that area are detained, and disburse the collections in the prescribed manner;
   • (iii) advise the State 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 area;
   • (iv) advise the State Government generally on the working of this Act in that area and particularly on any point referred to it by the Chief Inspector or any other officer specified by the State Government.

Payment of contribution by local authorities and recovery thereof. -

1. (1) Notwithstanding anything contained in any law for the time being in force, the State Government by order direct a local authority to pay a certain sum of money for the maintenance of certified institutions within its jurisdiction before a date specified therein : Provided that before such order is made the local authority shall be given an opportunity of showing cause why it should not be made.
2. (2) If any sum is not paid by a local authority under sub-section
3. (1) before the specified date, the State 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, treasury, 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 State Government, and such person shall be bound to obey such order. Even payment made pursuant to such order shall 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.

Appointment of Chief Inspector, Inspector, Assistant Inspectors and Probation Officers. -

1. (1) For carrying out the purposes of this Act, the State Government may appoint a Chief Inspector of certified institutions, an Inspector and such number of Additional and 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 State Government may direct but shall act under the direction of the Chief Inspector.
2. (2) Every receiving centre and certified institution shall, at least once in every six months, be inspected by the Chief Inspector or Inspector, Assistant Inspector or a Probation Officer.

Search in Receiving Centre and Certified Institutions. -

1. (1) The Superintendent 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 cleansed, that his person effects shall be inspected, and that any money or valuables, found with or on the person shall be kept in the custody of such Superintendent, and that any effects other than money or valuable so found shall be disposed of in the prescribed manner. 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 or on the persons shall be disposed of in the prescribed manner. Where the Court passes an order other than an order of detention with regard to any such person his money and valuables shall be returned to him and if his clothing has been destroyed, he shall be provided with fresh clothing. The expenses of providing such clothing at the prescribed standard shall be borne by the State Government :

Management and discipline Management and discipline. - Persons remanded to or detained in 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.

Disciplinary imprisonment. -

1. (1) Without prejudice to any disciplinary action that may be taken under Section 19, the Chief Inspector, the Inspector or Superintendent may report to the Court, the case of any person detained in a certified institution who habitually or wilfully disobeys or neglects to comply with any rule referred to in Section 19 and the Court may thereupon, if satisfied that the person has wilfully disobeyed or neglected to comply with any such rule, convert the balance of the period of his detention in a certified institution or part thereof into a term of imprisonment.
2. (2) The sentence of imprisonment ordered under sub-section
3. (1) shall be executed in the same manner as a sentence passed under Section 6.

Transfer from one Receiving Centre or Certified Institution to another. -

1. (1) The Chief Inspector may, subject to such conditions as may be prescribed, direct any person detained in a receiving centre or certified institution to be transferred therefrom to another receiving centre or certified institution in the State, as the case may be : Provided that the total period of detention of such person shall in no case be increased by such transfer.
2. (2) In directing such transfer, the Chief Inspector shall have regard to the medical certificate and the directions, if any, made by the State Government or Court under Section 26.

Release on licence. -

1. (1) Subject to such conditions as may be prescribed-
   • (a) the Chief Inspector or the Superintendent of the certified institution may at any time grant permission to a person detained in a certified institution to absent himself for short period; and
   • (b) the Chief Inspector may at any time release such person conditionally and issue him a licence therefor.
2. (2) Any licence issued under sub-section
3. (1) 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.
4. (3) The period during which such person is absent from a certified institution by permission or by licence issued to him under this Section shall, for the purpose of computing his term of detention in a certified institution, be deemed to be part of his detention.

Revocation of licence. -

1. (1) The Chief Inspector may, subject to such conditions as may be prescribed at any time revoke the licence issued 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. (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 provisions of sub-section
3. (1) of Section 25 shall, as far as may be, apply.

Unconditional release. - At any time after the expiration of three months from the commencement of the release on licence of any person 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 State Government his unconditional release. The State 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.