Chapter IV Chapter IV

Miscellaneous

Procedure on order of detention or sentence of imprisonment. -

1. (1) Subject to the provisions of sub-section
2. (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. The person shall thereupon be handed over into the custody of the Superintendent of the receiving centre and shall be detained in the receiving centre until he is sent therefrom to a certified institution.
3. (2) If any person against whom an order of detention is passed, as provided in sub-section (1), is also sentenced to imprisonment, the Court shall forward the person along with a warrant and a copy of the order of detention to the jail in which he is to be confined. On the expiry of the sentence of imprisonment, the officer-in-charge of such jail shall, if detention in a certified institution for any period remains to be undergone by such person, forward him forthwith together with a copy of the order of detention to the nearest receiving centre, and thereupon the provisions of sub-section
4. (1) shall, as far as may be, apply.
5. (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 the Section.

Medical examination and detention of lunatics. - [(1) Where it appears to the State Government that any beggar detained in a Certified Institution under any order of a Court is of unsound mind, the State Government may by an order setting forth the grounds of belief that the beggar is of unsound mind, order his removal to a mental hospital or other place of safe custody, as the case may be, to be kept there and treated as the State Government directs during the remainder of the term from which he has been ordered to be detained or, of 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 law.]

1. (2) Where it appears to the State Government that the beggar has ceased to be of unsound mind, [***] , the State Government shall, by an order direct to the person having charge of the beggar if still liable to be kept in custody send him to the certified institution from which he was removed or if the beggar is no longer liable to be kept in custody, order him to be discharged.
2. (3) The provisions of Section 31 of the Indian Lunacy Act, 1912 (No. 4 of 1912), shall apply to every beggar confined in a mental hospital under sub-section
3. (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 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 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 (No. 4 of 1912), for an immediate order of committal to a mental hospital until such time as the orders of the State Government can be obtained in the matter.

Arrest of person escaping from receiving centre and certified institutions. - 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. (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 State Government and sent back to the receiving centre or certified institution, as the case may be.

Transfers between certified institutions and institution of like nature in different parts of India. -

1. (1) The State 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 provisions similar to that in the State of Madhya Pradesh is made by the State Government of that part under any law in force therein : Provided that no person shall be transferred under this Section to other State without the consent of the Government of that other State.
2. (2) The State Government may, in consultation with the Superintendent 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 or institution of a like nature and upon such transfer, the provisions of this Act shall apply to such person.

Power to take finger prints. -

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 not below the rank of a Magistrate, Second Class empowered by him in this behalf.
2. (2) Whoever refuses to allow his finger prints to be taken under sub-section
3. (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.
4. (3) The sentence of imprisonment ordered under sub-section
5. (2) shall be executed in the same manner as a sentence passed under Section 6.

Seizure and disposal of animals exposed or exhibited for obtaining or extorting alms. -

1. (1) Any Police Officer or other person effecting under sub-section
2. (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.
3. (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 (No. 59 of 1960), or such other place as may be prescribed for detention therein pending its production before a Court.
4. (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 or such other place as may be prescribed until it is fit for discharge, 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 under the Prevention of Cruelty to Animals Act, 1960 (No. 59 of 1960), certifies that it 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 or such other place as may be prescribed the animal may be confiscated.
5. (4) An animal sent for care and treatment to an infirmary or such other place as may be prescribed shall not unless the Court directs 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 or such other place is situated or such other veterinary officer as has been authorised under the Prevention of Cruelty to Animals Act, 1960 (No. 59 of 1960).

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

Persons to be deemed public servants. - All persons empowered to perform any function under this Act shall be deemed to be public servants within the meaning of the Indian Penal Code, 1860 (No. 45 of 1860).

Protection of action taken under the Act. - No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or purported to be done under this Act.

Bonds taken under Act No. 5 of 1898. - The provisions of Chapter XLII of the Code of Criminal Procedure, 1898 (No. 5 of 1898) shall so far as may be, apply to bonds taken under this Act.

Appeals. -

1. (1) For the purposes of appeal and revision under the [Code of Criminal Procedure, 1898 (No. 5 of 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.
2. (2) Any inmate of a receiving centre or a certified institution who is aggrieved by any order passed by the Superintendent under this Act or the rules made thereunder may appeal against such order in the prescribed manner to the Chief Inspector.

Rules. -

1. (1) The State Government may, by notification, and subject to the conditions of previous publication, 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
   • (a) of Section 2;
   • (b) the manner of keeping persons arrested under sub-section
3. (3) of Section 4 or Section 9;
   • (c) the manner of making summary inquiry under sub-section
4. (1) of Section 5;
   • (d) the extent of contribution under sub-section
5. (1) of Section 8 for the maintenance of a person detained in a certified institution and the manner in which such contribution shall be paid;
   • (e) the manner of appointing a visiting committee under Section 14;
   • (f) the conduct of business by Advisory Committees;
   • (g) the manner in which the effects and the money and valuables referred to in Section 18 shall be disposed of;
   • (h) the management and discipline of person 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;
     • (i) the conditions subject to which the Chief Inspector may direct transfers under Section 21;
   • (j) the conditions subject to which a person may be released on licence under Section 22;
   • (k) the conditions subject to which a licence may be revoked under
   • (l) the manner of medical examination of beggars;
   • (m) any other matter which is required to be or may be prescribed.
6. (3) All rules made under this Section shall be laid on the table of the Legislative Assembly.

Repeal. - On the commencement of this Act in any area of the State in the manner provided in sub-section

1. (1) of Section 1, 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.