section 9
Power of Magistrate to order detention of able-bodied persons eighteen years or over
The Tamil Nadu Prevention of Begging Act, 1945(1) If the Magistrate finds that the person in respect of whom such enquiry is made is guilty of an offence under section 3, has attained the age of eighteen years, and is physically capable of ordinary manual labour, the Magistrate may, if there is a workhouse instead of sentencing him under section 3, order him to be detained in a workhouse for a term which may extend to six months and the Magistrate may also order the forfeiture of the bond aforesaid: Provided that the Magistrate may, instead of sentencing the offender as aforesaid, order him to be detained in a workhouse for a period of not less than three years and not more than five years. (2) If the Magistrate finds that the person (other than a leper) in respect of whom an inquiry is made under section 7 is guilty of an offence under section 3, has attained the age of eighteen years and is physically capable of ordinary manual labour, the Magistrate may, if there is a special home, order him to be detained in such home for a period of not less than one year and not more than three years. (3) If the Magistrate finds that the person in respect of whom an inquiry is made under section 7 is guilty of an offence under section 3 and has attained the age of eighteen years and is satisfied on a certificate from a medical officer, that such person is a leper, the Magistrate may instead of sentencing him under section 3, order him to be detained indefinitely in a leper asylum appointed under section 3 of the Lepers Act, 1898 (Central Act 111 of 1898) and notified to be a special home under clause (2) of section 2 until he is released in the circumstances stated in sub-section (2). (4) The leper detained under sub-section (1) may be released on any one of, or more of the following grounds, namely:- (i) if a qualified medical officer certifies that the person detained has been fully rehabilitated; (ii) if any person, whom the Magistrate considers suitable, execute a bond with or without sureties, as the Magistrate may require making himself responsible for the housing, medical treatment and maintenance of such person and for preventing him from begging or being used for the purpose of begging; (iii) on such other ground as may be prescribed. (5) The certificate referred to in sub-section (1) or clause (i) of sub-section (2) shall be in such form and shall be issued within such time as may be prescribed.
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