The Tamil Nadu Prevention of Begging Act, 1945 Complete Act - Bare Act

(

Substituted by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969)

An Act to provide for the prevention of begging (

Substituted by Section 2 of the Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964))

[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

(Substituted by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969)

(State of Tamil Nadu)].

WHEREAS it is expedient to provide for the prevention of begging

(Substituted by Tamil Nadu Act 45 of 1964)

[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

(Substituted by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969)

(State of Tamil Nadu)].

(Substituted by Section 5 of the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948))

[It is hereby enacted as follows. "

(1) This Act may be called the

(Substituted by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969)

[Tamil Nadu] Prevention of Begging Act, 1945.

(2) It extends to the whole of the

(Substituted by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969)

[State of Tamil nadu].

[

Omitted by Section 3 of the Tamil Nadu Prevention of Begging (Amendment) Act 1964 (Tamil Nadu Act 40 of 1964)]

(3) This section shall come into force at once; and the

(Substituted by the Adaptation Order of 1950)

[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.

" In this Act, unless there is anything repugnant in the subject or context "

(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, 1964 (Tamil Nadu Act 40 of 1964)) [

(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)

(iii)

(iv)

(Substituted by T.N. Act 44 of 1994 came into force on 7.2.94)

[but does not include " (a) earning a livelihood by displaying skills and Talents by street artists and performers in the oral tradition, bards, Jugglers and Street magicians; and

(b) Soliciting or receiving money or food or gifts for such purposes as maybe prescribed]

(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))

[(1-A)] 'Juvenile Court' means a Court established under sub-section (1) of Section 36 of the

(Substituted by Adaptation Order 1969)

[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 or second class specially authorised by the

(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)) (Substituted by Adaptation Order 1969)

[State] Government to exercise the powers of such Court.

(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))

[(1-B) 'Magistrate' means a salaried Presidency Magistrate or a sub-divisional Magistrate or a Magistrate of the first or second class specially authorised by the State Government in this behalf;

(1-C) 'Public place' includes any public street, road or thoroughfare or any place 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

(Substituted by the Adaptation Order of 1950)

[State] Government in the Fort St. George Gazette as suitable for the reception of persons not physically capable of ordinary manual labour,

(Substituted by section 4 (iii) of the Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964))

[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

(Substituted by the Adaptation Order of 1950)

[State] Government in the Fort St.George Gazette as suitable for the reception of persons physically capable of ordinary manual labour,

(Substituted by section 4 (iii) of the Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964))

[who are ordered to be detained in] a workhouse under any of the provisions of this Act.

(Substituted by section 4 (iii) of the Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964))

" (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.]

" The provisions of sections 5 to 8 shall apply only if the

(Substituted by the Adaptation Order of 1950)

[State] Government have notified a place as a workhouse or as a special home; the provisions of section 9 shall apply if the

(Substituted by the Adaptation Order of 1950) [

State] Government have notified a place as a workhouse; and the provisions of section 10 shall apply if the

(Substituted by the Adaptation Order of 1950)

[State] Government have notified a place as a special home

(added by section 2 of the Tamil Nadu Prevention of Begging (Amendment) Act, 1975 (Tamil Nadu Act 28 of 1975)

[and the provisions of sections 10-A, 12-A and 23 shall apply if the State Government have notified any leper asylum appointed under section 3 of the Lepers Act, 1898 (Central Act III of 1898) as a special home under clause (2) section 2]

(Substituted for original section 5 by the Adaptation (Amendment) Order of 1950)

Any

person arrested by a Police officer for an offence punishable under section 3 who in the opinion of such Police Officer has attained the age of

(Substituted by section 6 of the Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964))

[eighteen years] 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 persons shall be detained in custody beyond the said period without the authority of a Magistrate. The Magistrate shall without delay order the person to be taken before a medical officer not below the rank of Assistant Surgeon; and the medical officer shall after examining such person grant a certificate regarding his age and physical capacity for ordinary manual labour.]

(Substituted by section 7(i) of the Tamil Nadu Prevention of Begging (Amendment) Act, 1954 (Tamil Nadu Act 40 of 1964))

" If in the opinion of such medical officer the person arrested has not attained the age of

(Substituted by section 7 (ii), ibid)

[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

(Inserted by section 3 of the Tamil Nadu Prevention of Begging (Amendment) Act, 1975 (Tamil Nadu Act 28 of 1975))

[or section 12-A] shall then apply to the case.

(Substituted by section 8 (i) of the Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act, 1964 (Tamil Nadu Act 40 of 1964)))

] (1) If in the opinion of such medical officer the person arrested has (

Substituted by section 8 (ii), ibid)

[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 disputes 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

(Now Central Act

2

of 1974)

(Substituted by section 9 (i) of the Tamil Nadu Prevention of Begging [Amendment] Act, 1964 (Tamil Nadu Act 40 of 1964))

" 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, but has not attained the age of

(Substituted by section 9(ii), ibid)

[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.

(Substituted for the original section 9 by section 10, ibid)

(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:

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.]

(Substituted by section 11 (i) of the Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act, 40 of 1964))

" If the Magistrate

(Substituted by section 4 of the Tamil Nadu Prevention of Begging (Amendment) Act)

[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

(Substituted by section

11

(ii) of the Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964)

[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,

(Substituted by section

11

(iii), ibid)

[order him to be detained in such home for a period of not less than one year and not more than three years].

(Inserted by section 5 of the Tamil Nadu Prevention of Begging (Amendment) Act, 1975 (Tamil Nadu Act 28 of 1975))

[
10.A.

(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:]

11.

" Where a Magistrate has arrived at a finding regarding the age of a person dealt with by him under section, 8, 9,

(Substituted by section 6 of the Tamil Nadu prevention of Begging (Amendment) Act, 1975 (Tamil Nadu Act 28 of 1975))

[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.

(I)

(Substituted by the Adaptation (Third Amendment) Order, 1950)

[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

(Substituted by section 12 (ii) (a) of the Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of I 964)) [

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

(Substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (second Amendment) Order, 1969)

[Tamil Nadu] Children Act, 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

(Substituted by section 12 (i)(b) of the Tamil Nadu prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964) [

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 3, 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,

(Substituted by section 12 (iii) (a) of the Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964))

[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

(Substituted by the Tamil Nadu Adaptation of Laws order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969)

[Tamil Nadu] Children Act, 1920:

Provided that if the Juvenile Court is satisfied that it is inexpedient to send the offender to

(Substituted by Section 12 (iii) (b) (1) of the Tamil Nadu Prevention of Begging (Amendment) Act, 1964 (Tamil Nadu Act 40 of 1964)

[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,

(Substituted by Section 12 (iii) b (2) (ibid))

[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

(Substituted by the Tamil Nadu Prevention of Begging (Amendment) Act 1964 (Tamil Nadu Act 40 of 1964))

[eighteen years] and that he is guilty of an offence under Section 3, the Court may 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

(Substituted by Section 12 (ibid))

[in] a work house, if there is and one.

(b) in case it finds that he is not physically capable of ordinary manual labour,

(Substituted by Section 12 (ibid))

[in] a special home if there is one.

(Inserted by T.N. Act 28 of 1975)

" 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... 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) of Section 10-A.

(Section 13 to 29 inserted by T.N. Act 40 of 1964)

[
13.

" (1) Notwithstanding anything contained in this Act, whoever having been previously detained in a work-house or a special house 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 special home, as the case may me, 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.

" (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 manner as an order under section 488 of the Code of Criminal Procedure, 1898 (Central Act V of 1898)

(Now Central Act 2 of 1974).

(

Section 13 to 29 were Substituted for the original sections 13 and 14 by Section 13 of

)

(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 work-house 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

(Substituted by the Tamil Nadu Adaptation of Laws Second Amendment Order, 1969) [

Tamil Nadu| Children Act, 1920 [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.

(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.

(1) Who ever employed 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.

" (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.

(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.

(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 a 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.

(Inserted by T.N. Act 14 of 1974)
2

(1)

when any person has been detained in a work home or a special home, the

State

Government may, at any time remit any part of the period of detention ordered under any of the provisions of this Act.

(b) The State Government may make rules providing for the conditions and restrictions subject to which remission under sub-Section (1) may be granted]

"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.

" 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.

" (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)

(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)

(Substituted by T.N. Act 28 of)

[under section 10-A or section 12-A or under this Section, as the case may be]

" (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.

" 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)

" The provisions of Chapter XLII of the Code of Criminal Procedure, 1898

(See now the Code of Criminal Procedure (Central Act 2 of 1974), Chapter XXXIII)

(Central Act. V of 1898) shall, so far as may be, apply to bonds taken under this Act.

" For the purpose of appeal and revision under the Code of Criminal Procedure, 1898

(See now the Code of Criminal procedure, 1974 (Central Act 2 of 1974))

(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.

(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 required 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 work-houses 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

(d) 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 expiry of the session in which it is so placed or 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.

on the date of coming into force of this Act in the city of Madras Section 71-A to 71-B of the Madras City Police Act, 1888

(Substituted by Adaptation Order of 1969) [

Tamil Nadu] Act III of 1888 shall stand repealed.