[[1](Tamil
Nadu) Prevention of Begging Act, 1945][2]
[3][Tamil Nadu Act 13 of 1945][4]
[17th July, 1945]
An Act to provide for the prevention of begging [5]for
the detention and employment of beggers and their dependents in work-houses or
special homes, and for the custody, trial and punishment of beggar offenders in
the [6][State
of Tamil Nadu.]
Whereas it is expedient to provide
for the prevention of begging [7][for
the detention and employment of beggars and their dependents in work-houses or
special homes, and for the custody, trial and punishment of beggar offenders in
the [8](State
of Tamil Nadu)].
[9][It is hereby enacted as follows:—]
Section 1. Short title, extent and commencement
(1)
This Act may be called the [10][Tamil
Nadu] Prevention of Begging Act, 1945
(2)
It extends to the whole of
the [11][State of Tamil Nadu].
[12][]
[13](3) This section shall come into force at once; and the [14][State]
Government may, from time to time by notification in the Fort St. George
Gazette, direct that the remaining provisions of this Act shall come into force
in such local area and on such date, as may be specified in the notification.
Section 2. Definitions
In this Act, unless there is anything repugnant in the subject or
context—
[15][(1) ‘begging’ means—
(i)
soliciting or receiving alms in a
public place, whether under the pretence of singing, dancing, performing tricks
or selling articles or otherwise;
(ii)
entering on any private premises
for the purpose of soliciting or receiving alms;
(iii)
exposing or exhibiting, with the
object of obtaining or extorting alms, any sore, wound, injury, deformity or
disease, whether of himself or of any other person or of an animal;
(iv)
allowing oneself to be used as an
exhibit for the purpose of soliciting or receiving alms;
but does not include soliciting or receiving money or food or
gifts for such purposes as may be prescribed].
[16][(1-A)] ‘Juvenile Court’ means a Court established under
sub-section (1) of section 36 of the [17][Tamil
Nadu] Children Act, 1920, and if no such Court is established in any area, a
Sub-divisional Magistrate or a Magistrate of the first[18] or
second class[19] specially authorized
by the [20][State] Government to
exercise the powers of such Court.
[[21][(1-B) ‘Magistrate’
means a salaried Presidency Magistrate[22] or
a Sub-divisional Magistrate or a Magistrate of the first[23] or
second class[24] specially authorised
by the State Government in this behalf;
(1-C) ‘public place’ includes any public street, road or thoroughfare
or anyplace of public worship or any place of public resort or any bus-stand or
any railway carriage or premises of a railway station].
(2) ‘special home’ means a
place notified by the [25][State]
Government in the Fort St. George Gazette as suitable for the
reception of persons not physically capable of ordinary manual labour, [26][who
are ordered to be detained in] a special home under any of the provisions of
this Act;
(3) ‘workhouse’ means a
place notified by the [27][State]
Government in the Fort St. George Gazette as suitable for the
reception of persons physically capable of ordinary manual labour, [28][who
are ordered to be detained in] a workhouse under any of the provisions of this
Act.
Section [29][3. Penalty for begging
(1)
Whoever is found begging shall be
punishable—
(a)
on a first conviction, with fine
which may extend to fifty rupees or with imprisonment which may extend to one
month;
(b)
on a second or subsequent
conviction, with imprisonment for a term which may extend to six months.
(2)
Any Police officer may arrest
without a warrant any person who is found begging:
Provided that no person entering on any private premises for the
purpose of soliciting or receiving alms shall be so arrested or shall be liable
to any proceedings under this Act except upon a complaint of the occupier of
the premises].
Section 4. Application of sections 5 to 10
The provisions of sections 5 to 8 shall apply only if the [30][State]
Government have notified a place as a workhouse or as a special home; the
provisions of section 9 shall apply if the [31][State]
Government have notified a place as a workhouse; and the provision of section
10 shall apply if the [32][State]
Government have notified a place as a special home [33][and
the provisions of sections 10-A, 12-A and 23 shall apply if the State
Government have notified any leper ??? appointed under section 3 of the Lepers
Act, ??? (Central Act III of 1898) as a special home under clause (2) of
section 2].
Section [34][5. Persons arrested for offence under section 3 to be
examined by medical officer
Any person arrested by a Police officer ??? an offence punishable
under section 3 who in the opinion of such Police officer has attained the
??? [35][eighteen years] shall be
informed, as soon as may be, of the grounds for such arrest, and shall be ???
before the nearest Magistrate within a ??? of twenty-four hours of such arrest
excluding the ??? necessary for the journey from the place of ??? the Court of
the Magistrate; and no such person ??? be detained in custody beyond the said
period with out the authority of a Magistrate. The ??? shall without delay
order the person ??? be taken before a medical officer ??? bellow the rank of
Assistant Surgeon: ??? the medical officer shall after examining such ??? grant
a certificate regarding his age and physical capacity for ordinary manual
labour].
Section 6. Arrested person
to be produced before a Juvenile Court, if found to be [36][under
eighteen]
If in the opinion of such medical officer the person arrested has
not attained the age of [37][eighteen
years], such person shall without delay be produced, together with the
certificate of the medical officer, before a Juvenile Court and the provisions
of section 12 [38][or
section 12-A] shall then apply to the case.
Section 7. Arrested person
to be produced before Magistrate, if found to be [39][eighteen
or over]
(1)
If in the opinion of such medical
officer the person arrested has [40][attained
the age of eighteen years, he shall, without delay, be produced before a
Magistrate] together with the certificate and a report by a Police officer of
the facts of the case.
(2)
The Magistrate shall make a
summary inquiry into the facts of the case and the circumstances and the
character of the person produced before him.
(3)
During such inquiry the
Magistrate shall explain to such person the facts alleged against him in the
Police report and record any statement which he may wish to make with reference
thereto.
(4)
If such person dispute; the
correctness of the Police report in any material respect, the Magistrate shall
proceed as nearly as may be in accordance with the procedure laid down for the
trial of summons cases, in the Code of Criminal Procedure, 1898[41] (Central
Act V of 1898.).
Section 8. Orders to be
passed by Magistrate, if he finds accused to be [42][under
eighteen]
If the Magistrate finds that the person in respect of whom an
inquiry is made under section 7 is guilty of aft offence under section 3, but
has not attained the age of [43][eighteen
years], the Magistrate may pass any order which a Juvenile Court could have
passed if such person had been produced before it under sub-section (1) of
section 12.
Section [44][9. Power of Magistrate to order detention of able-bodied
accused of eighteen or over to work-house
(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 such workhouse
for a period of not less than one year and not more than three years:
Provided that if the Magistrate is satisfied from the
circumstances of the case that the person convicted is not likely to beg again,
he may release the beggar after due admonition on a bond executed with or
without sureties, as the Magistrate may require by the beggar or any other
person whom the Magistrate considers suitable. Such bond shall provide for the
beggar's abstaining from begging and being of good behaviour for such period
not exceeding two years as the Magistrate may direct.
(2)
Any person who commits an offence
under section 3 in breach of the bond executed under the proviso to sub-section
(1), shall, if in the opinion of the Magistrate he is physically capable of
ordinary manual labour, be punishable with imprisonment for a term which may
extend to six months and the Magistrate may also order the forfeiture of the
bond aforesaid:
Provide 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].
Section 10. Power of
Magistrate [45][to
order detention of] accused who is not able-bodied to special home
If the Magistrate [46][finds
that the person (other than a person who is a leper)] 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 [47][eighteen
years] but is not physically capable of ordinary manual labour, the Magistrate
may, if there is a special home, instead of sentencing him under section
3, [48][order him to be detained
in such home for a period of not less than one year and not more than three
years].
Section [49][10-A. Powers of Magistrate to order indefinite detention
of lepers
(1)
If the Magistrate finds that the
person in respect of whom an enquiry 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 issued by a qualified 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 III 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).
(2)
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.
(3)
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].
Section 11. Magistrate finding regarding age to be final
Where a Magistrate has arrived at a finding regarding the age of a
person dealt with by him under section 8, 9, [50][10
or 10-A.] such age shall, for the purposes thereof, be deemed to be his true
age, and no order or judgment of the Magistrate shall be deemed to be invalid
or be liable to be interfered with in appeal or revision on the ground that the
age of such person was not correctly determined by the Magistrate.
Section 12. Production of
arrested person [51](under
eighteen) before Juvenile Court and procedure and powers of such Court
(1)
[52][If any person arrested by a Police-officer for an offence
punishable under section 3 has, in the opinion of such Police-officer, not
attained the age of [53][eighteen
years], he shall be informed, as soon as may be, of the grounds for such
arrest, and shall be produced before the nearest Magistrate within a period of
twenty-four hours of such arrest excluding the time necessary for the journey
from the place of arrest to the Court of the Magistrate; and no such person
shall be detained in custody beyond the said period without the authority of a
Magistrate. On such production the Magistrate shall without delay direct the
person to be taken before a Juvenile Court established under sub-section (1) of
section 36 of the [54][Tamil
Nadu] Children Act, 1920 ([55][Tamil
Nadu] Act IV of 1920.). The person shall then be dealt with under the
provisions of that Act as modified by the provisions of this section]:
Provided that if the Juvenile Court is satisfied on inquiry that
such person has attained the age of [56][eighteen
years] it shall record a finding to that effect, and thereupon it shall be open
to the Police to proceed against such person under section 3, or if there is a
work-house or a special home, under section 5; and in the latter case the
medical officer referred to in section 5 shall be required to certify only
regarding the physical capacity of such person for ordinary manual labour and
the finding of the Juvenile Court regarding the age of such person shall also
be binding on the Magistrate before whom he may be produced.
(2)
If the Juvenile Court finds on
inquiry that any person brought before it under sub-section (1) has not
attained the age of fourteen years and is guilty of an offence under section 3
and that he—
(a)
has no home or settled place of
abode or visible means of subsistence, or has no parent or guardian, or has a
parent or guardian who does not exercise proper guardianship, or
(b)
is destitute and both his parents
or his surviving parent, or in the case of an illegitimate child, his
mother, [57][are or is undergoing
detention in prison on conviction], or
(c)
is under the care of a parent or
guardian who by reason of criminal or drunken habits is unfit to have such
care, the Court may pass such order in respect of the offender as it could have
passed if he had been brought before it under sub-section (1) of section 29 of
the [58][Tamil Nadu] Children Act,
1920 ([59][Tamil
Nadu] Act IV of 1920.):
Provided that if the Juvenile Court is satisfied that it is
inexpedient to send the offender to [60][an
approved school] by reason of his bodily ailment or incapacity or other cause,
the Court may, if there is a special home and separate accommodation is
provided in such home for persons who have not attained the age of fourteen
years, [61][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 Juvenile Court finds on
inquiry that a person produced before it under sub-section (1) has attained the
age of fourteen years but has not attained the age of [62][eighteen
years] and that he is guilty of an offence under section 3, the Court may [63][order
him to be detained for a period of not less than one year and not more than
three years]—
(a)
in case it finds that he is
physically capable of ordinary manual labour [64][in]
a workhouse, if there is one, and
(b)
in case it finds that he is not
physically capable of ordinary manual labour, [65][in]
a special home, if there is one.
Section [66][12-A. Power of Juvenile Court to order indefinite
detention of juvenile lepers
Notwithstanding anything contained in section 12, if the Juvenile
Court finds on inquiry that any person brought before it under sub-section (1)
of that section has not attained the age of eighteen years and is satisfied on
a certificate issued by a qualified medical officer that such person is a
leper, the Juvenile Court may, instead of dealing with him under sub-section
(1), (2) or (3), as the case may be, of that section order him to be detained
indefinitely in a leper asylum appointed under section 3 of the Lepers Act,
1898 (Central Act III of 1898) and notified to be a special some under clause
(2) of section 2, until he is released the circumstances stated in sub-section
(2) of section 10-A].
Section [67]13. Penalty for begging after detention as beggar
(1)
Notwithstanding anything
contained in this Act, whoever having been previously detained in a work-house
or a special home under this Act is found begging shall on conviction by a
Magistrate, be punished as hereinafter in this section provided.
(2)
When a person is convicted for
the first time under sub-section (1), the Magistrate shall order him to be
detained in a work-house or a special home, as the case may be, for not less
than three years and not more than seven years and may convert any period of
such detention not exceeding one year into a sentence of imprisonment extending
to a like period.
(3)
When a person is convicted for
the second or subsequent time under sub-section (1) the Magistrate shall order
him to be detained in a work-house or a special home, as the case may be, for
not less than three years and not more than ten years and may convert any
period of such detention not exceeding two years into a sentence of
imprisonment extending to a like period.
Section [68]14. Contribution by parents
(1)
The Magistrate who makes an order
for the detention of any person in a work-house or a special home under this
Act may make an order requiring the parent or other person liable to maintain
the person detained to contribute to his maintenance, if able to do so, in the prescribed
manner.
(2)
The Magistrate before making any
order under sub-section (1) shall inquire into the circumstances of the parent
or other person liable to maintain the person detained and shall record
evidence, if any, in the presence of the parent or such other person, as the
case may be.
(3)
Any order made under this section
may at any time be varied by the Magistrate on an application made to him by
the party affected by the order.
(4)
Any order made under this section
may be enforced in the same mariner as an order under section 488 of the Code
of Criminal Procedure, 1898[69] (Central
Act V of 1898).
Section [70]15. Magistrate may order detention of persons wholly
dependent on beggar
(1)
When the Magistrate has ordered
the detention of a person in a work-house or a special home under this Act, he
may, after making such inquiry as he thinks fit, order any other person who is
wholly dependent on such person to be detained in a workhouse or a special
home, as the case may be, for a like period:
Provided that before such order is made, such dependent person
shall be given an opportunity of showing cause why it should not be made.
(2)
Where the dependent person has
not attained the age of fourteen years, the Magistrate shall forward him to a
Juvenile Court which shall deal with him under the [71][Tamil
Nadu] Children Act, 1920 ([72][Tamil
Nadu] Act IV of 1920), as if the said person had been brought before it under
sub-section (1) of section 29 of the said Act:
Provided that where the dependent person is the beggar's own child
below the age of five years and the beggar is an able-bodied mother not being a
contagious leper or a lunatic, the child may be ordered to be detained in a
work-house without being separated from the mother as regards the place of
detention, until it attains the age of five years and thereafter dealt with as
provided in this sub-section.
(3)
For the purpose of this section,
the Magistrate may, if necessary, cause the dependent person to be arrested and
brought before himself and examined by a Medical Officer. The person so
arrested shall be produced before the nearest Magistrate within a period of
twenty-four hours of such arrest excluding the time necessary for the journey
from the place of arrest to the Court of the Magistrate and no such person
shall be detained in custody beyond the said period without the authority of a
Magistrate.
Section [73]16. Power to order further detention of physically
incapable beggars
(1)
When any person who is detained
in a special home under this Act is, whether on an application made by him or
otherwise considered by the State Government to be blind, cripple or otherwise
physically incapable of doing any work, the State Government may order that he
shall, after the expiry of the period of his detention, be further detained
indefinitely in a special home:
Provided that the State Government may release any such person if
any person whom the State Government consider suitable, executes a bond, with
or without sureties as the State Government may require making himself
responsible for the housing and maintenance of such person and for preventing
him from begging or being used for the purpose of begging.
(2)
The powers conferred on the State
Government by sub-section (1) may also be exercised by such authority as may be
prescribed. A copy of every order passed by the prescribed authority under this
sub-section shall be communicated forthwith to the State Government with such
particulars relating to the person concerned as may be prescribed.
Section [74]17. Penalty for employing or causing persons to beg or using
them for purposes of begging
(1)
Whoever employs or causes any
person to solicit or receive alms, or
(2)
whoever having the custody,
charge or care of a person who has not attained the age of fourteen years
connives at or encourages the employment or the causing of such person to
solicit or receive alms, or
(3)
whoever uses another person as an
exhibit for the purpose of begging, shall, on conviction, be punishable with
imprisonment for a term which may extend to one year and thereafter with
detention in a workhouse or special home, as the case may be, for a period of
not less than one year and not more than three years or with imprisonment for a
term which may extend to two years.
Section [75]18. Transfer from one work-house or special home to
another
(1)
The State Government may, subject
to such conditions as may be prescribed, direct any person detained in a
work-house or special home to be transferred therefrom to another work-house or
special home, as the case may be:
Provided that the total period of detention of such person shall
not be increased by such transfer.
(2)
The powers conferred on the State
Government by sub-section (1) may also be exercised by such authority as may be
prescribed. A copy of every order passed by the prescribed authority under this
sub-section shall be communicated forthwith to the State Government with such
particulars relating to the person transferred as may be prescribed.
(3)
In directing such transfers, the
State Government or the prescribed authority shall have regard to the medical
report, and the directions, if any, made by the Magistrate or Juvenile Court,
under section 23.
Section [76]19. Parole
(1)
Subject to such conditions as may
be prescribed, the Commissioner of Police in the City of Madras and the
Superintendent of Police elsewhere may, at any time, grant permission to a
person detained in a work-house or a special home to absent himself for such
period as may be specified.
(2)
The period during which such
person is absent from a work-house or a special home during the continuance of
a permission granted to him under this section shall, for the purpose of
computing his term of detention in a work-house or a special home, be deemed to
be part of his detention.
Section [77]20. Conditional release
(1)
Subject to such conditions as may
be specified, the State Government may, of their own motion or on application,
at any time, release a person detained in & work-house or a special home.
(2)
Any order of release issued under
sub-section (1) shall be in force until the expiry of the term for which the
person was ordered to be detained in a workhouse or a special home, as the case
may be, unless sooner revoked.
(3)
The State Government may, at any
time, revoke the order of release issued under sub-section (1) for any
violation of the conditions subject to which the order was issued and thereupon
the person released shall be detained in a work-house or a special home, as the
case may be, until the expiry of the period for which he had been ordered to be
detained.
Section [78]21. Unconditional release
At any time after the expiration of three months from the
commencement of the release of any person under sub-section (1) of section 20,
the Commissioner of Police in the City of Madras and the Superintendent of
Police elsewhere, may, if he is satisfied from the circumstances of the case
that such person is not likely to beg again, recommend to the State Government
his unconditional release. The State Government may thereupon, release such
person unconditionally and on such release the term for which such person had
been ordered to be detained in a work-house or a special home shall be deemed
to have expired.
Section [79]22. Procedure on sentence of imprisonment
When any person ordered to be detained in a work-house or a
special home, as the case may be, is also sentenced to imprisonment, the
Magistrate passing the sentence of imprisonment shall forthwith forward such
person to a jail in which he is to be confined together with the warrant and a
copy of the order of detention. After the sentence of imprisonment is fully
executed, the officer executing it shall, if detention in a work-house or a
special home for any period remains to be undergone by such person, forward him
forthwith together with the copy of the order of detention to the work-house or
the special home, as the case may be.
Section [80]23. Medical examination and detention of lepers and
lunatics
(1)
After a person is received in a
special home under the orders of a Magistrate or the Juvenile Court under this
Act, the officer in charge of the special home shall cause him to be examined,
as soon as may be, by such Medical Officer as the State Government may, by
general or special order, direct.
(2)
The Medical Officer shall make
his report to the officer in charge of the special home stating inter
alia—
(a)
whether the person is a leper
suffering from contagious leprosy or not;
(b)
from what, if any, communicable
disease other than leprosy the person is suffering;
(c)
whether the person is an idiot or
of unsound mind;
(d)
any other particular which may be
prescribed.
(3)
Where the medical report states
that the beggar is a contagious leper or a lunatic, the officer in charge of
the special home, shall forthwith forward the report to the Magistrate who or
the Juvenile Court which, passed the order of detention. The Magistrate or the
Juvenile Court shall thereupon examine the Medical Officer as a witness and
shall reduce the examination to writing. If, after the examination and upon
such further inquiry, if any, as he or it thinks fit, the Magistrate or the
Juvenile Court is of opinion that the beggar is a contagious leper or a
lunatic, he or it shall record a finding to that effect and shall direct that
the detention already ordered shall be undergone by the beggar—
(i)
if a contagious leper, in a leper
asylum appointed under section 3 of the Lepers Act, 1898 (Central Act III of
1898) and notified to be a special home under clause (2) of section 2;
(ii)
if a lunatic, in an asylum
established or licensed under section 84 of the Indian Lunacy Act, 1912
(Central Act IV of 1912) and notified to be a special home under clause (2) of
section 2.
(4)
Notwithstanding anything
contained in the Lepers Act, 1898 (Central Act III of 1898) or the Indian
Lunacy Act, 1912 (Central Act IV of 1912), if any leper asylum appointed under
section 3 of the Lepers Act, 1898 (Central Act III of 1898) or any asylum
established or licensed under section 84 of the Indian Lunacy Act, 1912
(Central Act IV of 1912) is notified to be a special home under clause (2) of
section 2, the Superintendent of such leper asylum or the person in charge of
such lunatic asylum, as the case may be, shall also have authority to detain
persons sent thereto in accordance with a direction of the Magistrate or the
Juvenile Court [81][under
section 10-A or section 12-A or under this section, as the case may be].
Section [82]24. Seizure and disposal of animals used for the purpose
of begging
(1)
Any Police Officer effecting the
arrest of a person who was found begging may seize any animal used for the
purpose of begging and detain it pending production before the Magistrate or
the Juvenile Court.
(2)
Pending conclusion of the trial,
the Magistrate or the Juvenile Court may make such order as he or it thinks fit
for the proper custody of the animal produced under sub-section (1).
(3)
The Magistrate or the Juvenile
Court may, when the trial is concluded, order that the animal be destroyed or
confiscated to the State Government or delivered to the person claiming to be
entitled to the possession thereof.
Section [83]25. Persons to be deemed public servants
All persons empowered to perform functions under this Act shall be
deemed to be public servants within the meaning of the Indian Penal Code
(Central Act XLV of 1860).
Section [84]26. Central Act V of 1898 to apply to bonds taken under
the Act
The provisions of Chapter XLII of the Code of Criminal Procedure,
1898 [85](Central Act V of 1898)
shall, so far as may be, apply to bonds taken under this Act.
Section [86]27. Appeals
For the purposes of appeal and revision under the Code of Criminal
Procedure, 1898[87] (Central Act V of
1898) an order of detention under this Act shall be deemed to be a sentence of
imprisonment for the same period.
Section [88]28. Power to make rules
(1)
The State Government may make
rules for carrying out all or any of the purposes of this Act.
(2)
In particular and without
prejudice to the generality of the foregoing power, such rules may provide for
or regulate—
(a)
all matters expressly inquired or
allowed by this Act to be prescribed;
(b)
the management of work-houses and
special homes, the detention of persons ordered to be detained in such
work-houses and special homes and the maintenance, care, treatment and
instruction of such persons, including all matters relating to their diet and accommodation
as well as their labour and general conduct;
(c)
the discharge of persons from
such workhouses and special homes;
(d)
the obtaining of suitable
employment outside such work-houses and special homes for persons detained
therein;
(e)
the nature, incidents and maximum
periods of the punishments to be imposed on persons detained in work-houses and
special homes for breach of any rules or for failure or neglect to accept any
suitable employment outside such work-houses and special homes which may be
obtained for them; and
(f)
the manner of medical examination
of beggars.
(3)
All rules made under this Act
shall be published in the Fort St. George Gazette and unless they are
expressed to come into force on a particular day, shall come into force on the
day on which they are so published.
(4)
Every rule made under this Act
shall, as soon as possible, after it is made, be placed on the table of both
Houses of the Legislature, and if, before the next session, both Houses agree
in making any modification in any such rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
Section 29. [Repeal]
[89][On the date of coming into force of this Act in the City of
Madras, sections 71-A to 71-L of the Madras City Police Act, 1888 ([90][Tamil
Nadu] Act III of 1888) shall stand repealed].
[1] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[2] Received the
assent of the Governor-General on the 24th June, 1945; first published in the
Fort St. George Gazette on the 17th July, 1945
[3] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[4] For Statement of
Objects and Reasons, see Fort St. George Gazette, dated the 10th October,
1944, Part IV-A, page 104.
This Act was extended to the merged State of Pudukkottai
by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws)
Act, 1949 (Tamil Nadu Act XXXV of 1949).
This Act was extended to the Kanyakumari
district and the Shencottah taluk of the Tirunelveli district by section 3 of,
and the Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws
Act, 1957 (Tamil Nadu Act XXII of 1957) repealing the corresponding law in
force in that territory.
[5] These words were
substituted for the words “in the Province of Madras except the City of Madras”
by section 2 of the Tamil Nadu Prevention of Begging (Amendment) Act, 1964
(Tamil Nadu Act 40 of 1964).
[6] This expression
was substituted for the expression “State of Madras” by the Tamil Nadu
Adaptation of Laws Order, 1969, as mended by the Tamil Nadu Adaptation of Laws
(Second Amendment) Order, 1969.
[7] For Statement of
Objects and Reasons, see Fort St. George Gazette, dated the 10th October,
1944, Part IV-A, page 104.
This Act was extended to the merged State of Pudukkottai
by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws)
Act, 1949 (Tamil Nadu Act XXXV of 1949).
This Act was extended to the Kanyakumari
district and the Shencottah taluk of the Tirunelveli district by section 3 of,
and the Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws
Act, 1957 (Tamil Nadu Act XXII of 1957) repealing the corresponding law in
force in that territory.
[8] This expression
was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation
of Laws Order, 1969, as mended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order, 1969.
[9] These words were
substituted for the paragraph containing the enacting formula and the paragraph
preceding that paragraph by section 5 of the Tamil Nadu Re-enacting and
Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948).
[10] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[11] This expression
was substituted for the expression “State of Madras” by ibid.
[12] The words
“except the City of Madras” were omitted by section 3 of the Tamil Nadu
Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[13] Section 1 came
into force on the 17th July, 1945. The other sections were applied to certain
portions of the State by notification issued from tune to time.
[14] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950.
[15] The original
clause (1) of section 2 was re-numbered as clause (1-A) of that section and
this clause (1) was inserted by section 4(i) of the Tamil Nadu Prevention of
Begging (Amendment) Act, 1951 (Tamil Nadu Act 40 of 1964).
[16] The original
clause (1) of section 2 was renumbered as clause (1-A) of that section and this
clause (1) was inserted by section 4(i) of the Tamil Nadu Prevention of Begging
(Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[17] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[18] According to
clauses (a), (b) and (c) of sub-section (3) of section of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), which came into force on the 1st
April, 1974, any reference to a Magistrate of the first class shall be
construed as a reference to a Judicial Magistrate of the first class, any
reference to a Magistrate of the second class or of the third class shall be
construed as a reference to a Judicial Magistrate of the second class and any
reference to a Presidency Magistrate shall be construed as a reference to a
Metropolitan Magistrate.
[19] According to
clauses (a), (b) and (c) of sub-section (3) of section of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974), which came into force on the 1st April, 1974, any
reference to a Magistrate of the first class shall be construed as a reference
to a Judicial Magistrate of the first class, any reference to a Magistrate of
the second class or of the third class shall be construed as a reference to a
Judicial Magistrate of the second class and any reference to a Presidency
Magistrate shall be construed as a reference to a Metropolitan Magistrate.
[20] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950.
[21] Clauses (1-B)
and (1-C) were inserted by section 4(ii) of the Tamil Nadu Prevention of
Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[22] According to
clauses (a), (b) and (c) of sub-section (3) of section of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), which came into force on the 1st
April, 1974, any reference to a Magistrate of the first class shall be
construed as a reference to a Judicial Magistrate of the first class, any reference
to a Magistrate of the second class or of the third class shall be construed as
a reference to a Judicial Magistrate of the second class and any reference to a
Presidency Magistrate shall be construed as a reference to a Metropolitan
Magistrate.
[23] According to
clauses (a), (b) and (c) of sub-section (3) of section of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), which came into force on the 1st
April, 1974, any reference to a Magistrate of the first class shall be
construed as a reference to a Judicial Magistrate of the first class, any
reference to a Magistrate of the second class or of the third class shall be
construed as a reference to a Judicial Magistrate of the second class and any
reference to a Presidency Magistrate shall be construed as a reference to a
Metropolitan Magistrate.
[24] According to
clauses (a), (b) and (c) of sub-section (3) of section of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), which came into force on the 1st
April, 1974, any reference to a Magistrate of the first class shall be
construed as a reference to a Judicial Magistrate of the first class, any
reference to a Magistrate of the second class or of the third class shall be
construed as a reference to a Judicial Magistrate of the second class and any
reference to a Presidency Magistrate shall be construed as a reference to a
Metropolitan Magistrate.
[25] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950.
[26] These words were
substituted for the words “who are committed to” by section 4(iii) of the Tamil
Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[27] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950.
[28] These words were
substituted for the words “who are committed to” by section 4(iii) of the Tamil
Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[29] This section was
substituted for the original section 3 by section 5, ibid.
[30] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950.
[31] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950.
[32] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950.
[33] This portion was
added by section 2 of the Tamil Nadu Prevention of Begging (Amendment) Act,
1975 (Tamil Nadu Act 28 of ???).
[34] This section was
substituted for original section 5 by the Adaptation (Amendment) Order of 1950.
[35] These words were
substituted for the words “sixteen years” by section 6 of the Tamil Nadu
Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[36] These words were
substituted for the word and figures “under 16” by section 7(i) of the Tamil
Nadu Prevention of Begging (Amendment) Act, 1954 (Tamil Nadu Act 40 of 1964).
[37] These words were
substituted for the words “sixteen years” by section 7(ii), ibid.
[38] This expression
was inserted by section 3 of the Tamil Nadu Prevention of Begging (Amendment)
Act, 1975 (Tamil Nadu Act 28 of 1975).
[39] These words were
substituted for the figures and words “16 or over” by section 8(i) of the Tamil
Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[40] These words were
substituted for the words “attained the age of sixteen years, he shall without
delay be produced before a Sub-divisional Magistrate or a Magistrate of the
first or second-class specially authorised by the State Government in this
behalf” by section 8(ii), ibid.
[41] See now the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
[42] These words were
substituted for the word and figures “under 16” by section 9(i) of the Tamil
Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[43] These words were
substituted for the words “sixteen years” by section 9(ii), ibid.
[44] This section was
substituted for the original section 9 by section 10, ibid.
[45] These words were
substituted for the words “to commit” by section 11(i) of the Tamil Nadu
Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[46] This expression
was substituted for the expression “finds that the person” by section 4 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1975 (Tamil Nadu Act 28 of
1975).
[47] These words were
substituted for the words “sixteen years” by section 11(ii) of the Tamil Nadu
Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[48] These words were
substituted for the words “order his committal to such home for such period as
the Magistrate may deem fit” by section 11(iii), ibid.
[49] This section was
inserted by section 5 of the Tamil Nadu Prevention of Begging (Amendment) Act,
1975 (Tamil Nadu Act 29 of 1975).
[50] This expression
was substituted for the expression “or 10” by section 6 of the Tamil Nadu
Prevention of Begging (Amendment) Act, 1975 (Tamil Nadu Act 28 of 1975).
[51] These words were
substituted for the word and figures “under 16” by section 12(i) of the Tamil
Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[52] This paragraph
was substituted for the original one by the Adaptation (Third Amendment) Order,
1950.
[53] These words were
substituted for the words “sixteen years” by section 12(ii)(a) of the Tamil
Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[54] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[55] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[56] These words were
substituted for the figures and word “16 years” by section 12(ii)(b) of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1954 (Tamil Nadu Act 40 of
1964).
[57] These words were
substituted for the words “are or is undergoing transportation or imprisonment”
by section 12(iii)(a) of the Tamil Nadu Prevention of Begging (Amendment) Act,
1964 (Tamil Nadu Act 40 of 1964).
[58] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[59] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[60] These words were
substituted for the words “a certified school” by section 12(iii)(b)(1) of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[61] These words were
substituted for the words “order his committal to such home for a specified
period not exceeding three years” by lection 12(iii)(b)(2), ibid.
[62] These words were
substituted for the words “sixteen years” by section 12(iv)(a) of the Tamil
Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964).
[63] These words were
substituted for the words “order his committal for a specified period not
exceeding three years” by section 12(iv)(b), ibid.
[64] This word was
substituted for the word “to” by section 12(iv)(c), ibid.
[65] This word was
substituted for the word “to” by section 12(iv)(c), ibid.
[66] This section was
inserted by section 7 of the Tamil Nadu Prevention of Begging (Amendment) Act,
1975 (Tamil Nadu Act 28 of 1975).
[67] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[68] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[69] See now the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974), sections 125 and 126.
[70] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 14 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[71] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[72] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[73] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[74] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[75] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[76] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[77] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[78] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[79] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 or the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[80] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 or the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[81] These words,
figures and letters were substituted for the words “under this section” by
section 8 of the Tamil Nadu Prevention of Begging (Amendment) Act, 1975 (Tamil
Nadu Act 28 of 1975).
[82] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[83] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[84] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[85] See now the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974), Chapter XXXIII.
[86] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[87] See now the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
[88] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[89] Sections 13 to
29 were substituted for the original sections 13 and 14 by section 13 of the
Tamil Nadu Prevention of Pegging (Amendment) Act, 1964 (Tamil Nadu Act 40 of
1964).
[90] These word were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.