section 2
Definitions
Sikkim Prohibition of Beggary Act, 2004(1) In this Act, unless the context otherwise requires; (a) "alms" means anything given gratuitously to a beggar such as money, cooked or uncooked food, grains or clothing or any other things of value. (b) "beggar" means any person other than a child who- (i) solicits or receives alms in a public place, whether or not under any pretence such as singing, dancing, fortune-telling, performing or offering any article for sale; (ii) enters on any private premises for the purpose of soliciting or receiving alms; (iii) exposes or exhibits, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease whether of a human being or animal; (iv) having no visible means of subsistence and wandering about or remaining in any public place in such condition or manner, as makes it likely that the person doing so exists by soliciting or receiving alms; (v) allows oneself to be used as an exhibit for the purpose of soliciting or receiving alms: Provided that a person shall not be deemed to be a beggar if he is- (i) a religious mendicant licensed by the competent authority as may be designated by the State Government to solicit alms in the prescribed manner; or (ii) in the performance of any religious vow or obligations as sanctioned by custom or religion collects alms in a private or public place, without being a nuisance; or (iii) is permitted in writing by the competent authority as may be designated by the state Government to collect contribution in cash or kind from the public for any public institution, whether religious or secular or for the furtherance of any object for the good of the public; or (iv) is a student collecting alms for the prosecution of his studies. (c) "Certified Institution" means any institution which the State Government provides and maintains for the detention, training and employment of beggar and offenders and their dependants, and includes an institution certified to be such under sub-section (1) of Section 13; (d) "child" means the child dependent under the Juvenile Justice (Care and Protection) Act, 2000; (e) "Court" means the Court of Magistrate of 1st class or any other court having criminal jurisdiction in the State of Sikkim; (f) "Juvenile Justice Board" means the Board constituted under the Juvenile Justice (Care & protection) Act, 2000; (g) "prescribed" means prescribed by rules made under this Act; (h) "probation officer" means the officer appointed as such under sub-section (1) of Section 16; (i) "public place" means any place intended for use of or accessible to the public and includes any public conveyance; (j) "Superintendent" means the person in charge of any centre or institution as defined in this Section and includes any other person authorized by the State Government to exercise the power of Superintendent; (k) "Beggary Centre" means an institution for the temporary detention of beggar and offenders provided by the Government and includes an institution certified to be such under sub-section (1) of Section 13.
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