Gujarat Prevention Of Begging Rules, 1964
Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT PREVENTION OF BEGGING RULES, 1964 CONTENTS 1. Short title 2. Definition 3. Manner of authorising for purpose under section 2(1)(i) 4. Persons authorised for purposes of section 4 (i) 5 . Manner of keeping persons arrested under section 4(3) or Section 9(3) 6. Manner of summary inquiry under section 5(1) 7. Contribution of parent or other person under section 8(1) 8 . Cleaning and Medical examination of persons remanded to or detained in Receiving Centre or Certified Institution 9. Persons remanded by Court to and those detained in Receiving Centres to be kept separate 10. Persons received in Receiving Centres and Certified Institution to be kept apart from other inmates 11. Articles found on search aqd inspection to be entered in register 12. Disposal of property under section 18 13. Disposal of property after passing of Courts Order under section 18 14. Staff not to buy articles auctioned 15. Persons detained in Certified Institution or Receiving Centre for bidden to do certain Acts 16. Prohibited Articles 17. Welfare Fund 18. Donation in kind 19. Collection Boxes 20. The Visiting Committee 21. Duties of Visiting Committee 22. Visiting Committee for Receiving Centre or Certified Institution not maintained by the State Government 23. Visiting Committee Book 24. Date before which local authority to pay contribution 25. Conditions of transfer from one Receiving Centre or Certified Institution to another 26. Release on licence 27. Absence for short periods 28. Daily routine in Receiving Centres and Certified Institutions 29. Grade System and gratuities 30. Duties of the Superintendent 31. Duties of Probation Officers 3 2 . Disposal of property of inmates dying or escaping before release 33. Punishments 34. Repeal and Savings GUJARAT PREVENTION OF BEGGING RULES, 1964 No. GH/SH/495/BBA-1064/3 08. CHH-In exercise of the powers, conferred by section 35 of the Bombay Prevention of Begging Act, 1959 (Bom. X of 1960) and of all other powers enabling it in that behalf the Government of Gujarat hereby makes the following Rules, namely: 1. Short title :- These rules may be called the Gujarat Prevention of Begging Rules, 1964. 2. Definition :- In these rules, unless the context requires otherwise (a) "Act" means the Bombay Prevention of Begging Act, 1959: (b) "Form" means a form appended to these rules; (c) "Section" means the section of the Act. 3. Manner of authorising for purpose under section 2(1)(i) :- (1) A person desiring to obtain authorisation under clause (i) of sub-section (1) of section 2 to solicit or receive money, goods, or gifts for any purpose shall apply therefore to the Commissioner of Police; the District Magistrate; or as the case may be to the State Government. (2) The application shall contain the following particulars: (a) Full name of the application; (b) his age; (c) his occupation. (d) his address; (e) the period, the purpose and the manner of collection of money food or gifts; (f) the method of its disposal and the area within which the disposal is to be made. (3) The authority receiving the application may, after making such enquiry as it deems fit, issue an authorisation in Form "A" subject to such conditions as it may think it necessary to impose. (4) The holder of an authorisation shall carry the authorisation with him while soliciting, or receiving money, food or gifts and shall, on demand by, a police Officer or an officer authorised in this behalf by the State Government, produce it for inspection. (5) A breach of any of the conditions of the authorisation shall render the authorisation liable to cancellation. (6) If the authority receiving the application is of opinion that an authorisation should not be issued to the applicant, it shall, as soon as may be, inform the applicant accordingly. (7) In cases where the Commissioner of Police or, as the case may be, the District Magistrate has refused to issue an Authorisation to any person under this rule, the State Government may issue an authorisation to any person in respect of any place or area notwithstanding such refusal. (8) The authorisation issued under sub-rules (3) and (7) shall be duly communicated to the Chief Inspector and Superintendent concerned. 4. Persons authorised for purposes of section 4 (i) :- Every Superintendent shall be a person authorised for the purposes of section 4. 5. Manner of keeping persons arrested under section 4(3) or Section 9(3) :- (1) Subject to provisions of sub rule (2), the officer incharge of a Police Station shall cause a person arrested under section 4 or section 9 until he can be brought before a Court to be kept in the nearest Receiving centre or at the Police Station. Such person, shall, while in custody at the Police Station be as far as possible, kept apart from other persons in custody therein: Provided that nothing in this sub rule shall require such person to be kept apart from persons kept at the Police Station in pursunce of this sub-rule. (2) No person shall in pursuance of sub-rule (1), be kept with a person not of the same sex: Provided that nothing in this sub-rule shall apply to a child under twelve years of age. 6. Manner of summary inquiry under section 5(1) :- So far as may be the procedure prescribed in the Code of Criminal Procedure, 1898, for the trial of summons cases and for recording evidence therein shall be followed in making an inquiry under sub- section (1) of section 5. 7. Contribution of parent or other person under section 8(1) :- (1) The court miking an order under sub-sestion (1) of section 8 may direct the parent or other person liable to maintain the person ordered to be detained in a certified Institution, to pay in Court in advance in the beginning of each month such sum of money, as the Court thinks fit, not exceeding Rs. 30 per month, towards the maintenance of such person. (2) All payments made under sub-rule (1) shall be credited by Courts into Government Treasury as Miscellaneous Receipts to Government. 8. Cleaning and Medical examination of persons remanded to or detained in Receiving Centre or Certified Institution :- (1) Every person remanded to or detained in a Receiving Centre or Certified Institutions shall (a) Submit to - (i) Preliminary medical examination and such medical dessing as may in the opinion of the Medical Officer, be necessary: (ii) Such trimming or shaving of the hair on any part of the person as may in the opinion of the Superintendent or the Medical Officer be necessary for the administration of medical treatment or for securing cleanliness and health; (iii) Thorough cleansing and washing of the bady with such materials as may be provided and the complete removal of dotting in order to secure this object; (b) Wear such clothes as the Supsrintendent may direct. (2) (a) Notwithstanding anything contained in sub-rule (a), a Medical Officer who in pursuance of the provisions of sub-section (1) of section 26 examines a person received in a Receiving Centre under section 25 shall carefully and thoroughly examined all parts of the body of such person and shall (i) Record the result of this examination in Form "B" if the person is in good health and in Form "C" if he is not in good health; (ii) Keep a copy of such record in the case-history of the person concerned; and (iii) Report, the result of his examination to the Supsrintendent: Provided that a female shall be examined in the famale section of the Receiving Centre and, as far as possible, by a Lady Medical Officer. (b) The Medical Officer shall arrange in the Receiving Centre for any immediate medical treatment of the person found to be a contagious leper or a lunatic pending orders of the state Government under sub- sectons (1), (2) and (3) of section 26 or of Court under the provision to the said sub-section (3). (3) Without prejudice to the provisions of any rule, the minimum physical force necessary may be used to secure compliance with all or any of the provisions of sub-rule (1) or (2). 9. Persons remanded by Court to and those detained in Receiving Centres to be kept separate :- A person received in a Receiving Centre, on remand by a Court shall, as far as possible, kept in such centre apart from persons undergoing a term of detention therein, and shall be allowed all reasonable facilities in connection with the hearing of this case. 10. Persons received in Receiving Centres and Certified Institution to be kept apart from other inmates :- Every person received in a Centre or Certified Institution shall be kept apart from the other persons in such centre or Institution unless the Superintendent is satisfied on a medical report that it is unnecessary to do so. 11. Articles found on search aqd inspection to be entered in register :- (1) In the every Receiving Centre and Certified Institution there shall be maintained a register of money valuables or effects if any, found with or on person received therein. (2) On a person being received in such Centre or Institution the money, valuable or effects, if any, found with or on him, on search and inspection under section 18 and taken possession of, shall be entered in such register, and the entries in the register shall be read over to him, and in token of the correctness of such entries, his signature taken in presence of the Superintendent. (3) All entries in such register be attested by the Superintendent. 12. Disposal of property under section 18 :- The effect other than money or valuables belonging to a person received or detained in a Receiving Centre or Certified Institution not beng a person kept in such Centre under rule (5) shall be disposed of in the following manner, that is to say: (a) if the effects consist of obsence pictures or literature, tobacco snuff opium, any drug or liquor, or perishable articles of trivial value, they shall be destroyed; (b) if the effect consists of perishable articles which are not of a tribal value, they shall be sold by auction as soon as possible, and the proceeds kept in safe custody by the Superintendent. (c) the clothing, bedding and other articles not covered by the provisions of sub-rules (a) (b) and (c) shall after being and disinfected, if necessary, be made into a bundles and suitably storted. The Superintendent shall be responsible for their safe custody. 13. Disposal of property after passing of Courts Order under section 18 :- Where an order of detention is made by a Court against any person (a) The Superintendent, may order that the money and valuables found with or on such persons be kept in safe custody and handed over to him at the time of his release, (b) Any money or valuable belonging to such persons, may with his consent and with the approval of the Superintendent, be delivered to his friends or relatives at any time, during the period of his detention or the same be sold and the sale proceeds disposed of in such manner as the person may desire, (c) At the time of release of such person, the effects, valuable or money kept in safe custody shall be handed over to him and an entry made in that behalf in the register maintained under sub rule 11. Such entry shall be signed by the Superintendent. 14. Staff not to buy articles auctioned :- No person on the staff of a Receiving Centre or Certified Institution shall whether directly or indirectly bid at the auction of or purchase, any property auctioned under these rules. 15. Persons detained in Certified Institution or Receiving Centre for bidden to do certain Acts :- A person reminded to or detained under section 19 in a Certified Institution or Receiving Centre shall not (i) refuse to receive any training arranged or ordered him or to do the work allotted to him; (ii) manufacture any articles without the knowledge or permission of the Officer-in-charge of the various industries; (iii) misbehave or quarrel with any other inmate; (iv) omit to assist in the maintenance of discipline or to give assistance to an officer when called upon to do so; (v) do or omit to do any act with intent to cause to himself any illness, injury or disability; (vi) answer untruthfully any question or refuse to give a true account of his movements: (vii) cause any disturbance of violence or omit to assist in suppressing any disturbance; (viii) do any act or use any languags calculated to hurt or offend the feelings and prejudices of a fellow inmate; (ix) commit a nuisance or any act of indecency in any of the institution or refuse to obey any orders issued for proper sanitation; (x) disobey any order regulating the cleanliness of his person, clothing, bedding, utensils or any other articles; (xi) secret any articles whatsoever or damage any part of the kit of any other inmate or any property or implements of the institution; (xii) refuse to eat food prescribed by the diet scale or wilfully destroy any food or render it unpalatable or unwholesome; (xiii) leave without permission the working party to which he is assigned or the part of the premises or grounds in or at which he may bs required to be present at any particular time; (xiv) receive or possess or partake of any of the prohibited articles mentioned in rule 16; (xv) resist or obstruct an officer in the execution of his duty or refuse or omit to perform work or duties in the manner indicated for that purpose. 16. Prohibited Articles :- (1) No person shall except with the permission of the Superintendent or a Medical Officer, take into a Receiving Centre or Certified Institution prohibited articles; (2) The following shall be prohibited articles, namely: (i) Alcohol and spirit of every description; (ii) Bhang, Ganja and opium; (iii) Drugs of every description; (iv) Matches and materials for producing fire; (v) Implements of gambling; (vi) Any implements capable of causing hurt or facilitating escape. (vii) Any other articles specified in this behalf by the Superintendent by a special order. 17. Welfare Fund :- (1) For every Receiving Centre and Clerified Institution there shall be a Welfare Fund. (2) The Superintendents may accept donations or contributions in cash or in kind made to the Welfare Fund by the public: Provided that no such donation or contribution in cash exceeding Five Hundered rupees shall be accepted without the 'previous approval of the State Government. (3) All donations and contributions accepted under this rule shall be acknowledged by written receipts serial numbers. (4) The Superintendent shall deposit all money collected for the Welfare Fund along with other non-Government money, if any, in the nearest Government Treasury by opening a personal ledger account in his name, and shall keep a subsidiary account of the Welfare Fund, Explanation. For the purposes of this sub-rule "non-Government money" means (a) gratuities earned by the inmates under sub-rule (3) of rale 27 for the good conduct and satisfactory progress in tranining; (b) wages earned by inmates for doing outside work; (c) private cash belonging to the inmites which is deposited with the Superintendent. (5) The amount standing to the credit of the Welfare Fund shall be spent for the following purpose, namely: (i) to meet contingent expenses in connection with the collection of the fund; and (ii) to provide for the general welfare and comfort of the inmates of, including those released on licence, from the Centre or Institution, as the case may be. (6) The Superintendent may, in consultation with Visiting Committee, subject to the requirements of sub-rule (5) spend sums out of the Welfare Fund on objects previously determined by the Visiting Committee: Provided that no amount exceeding Rs. 100 shall be sent without the previous sanction of the Chief Inspector. (7) The fund shall be operated by the Superintendent as the Controlling and Disbursing Officer and he shall be responsible for the proper maintenance of the accounts of the fund. (8) The Superintendent shall maintain separately in connection with the fund, a cash book and an order book. (9) The accounts of the fund shall be audited at the time of the annual audit of the accounts of the Receiving Centre, or the Certified Institution to which it relates. 18. Donation in kind :- Prior approval of Government shall not be necessary in respect of acceptance of any donation in kind. 19. Collection Boxes :- (1) The Superintendents may install collection boxes which shall, subject to the provisions of sub-rule (2) be kept locked and sealed. (2) Every such box shall be opened at least once and not more than twice in a month. (3) The amount so collected shall be credited to a Government Treasury by a Challan and shall be spent in the manner, and for the purposes specified in sub-rule (5) of rule 17. 20. The Visiting Committee :- (1) The Visiting Committee appointed under section 14 shall consist of twelve members of whom seven including the Chairman shall be officials and five shall bi non-officials. (2) The Superintendent and such six other officers including the Chairman as the State Government may, from time to time, appoint in this behalf shall be the ex-officio members. In the absence of the Chairman, the Senior-most official member present shall act as Chairman. (3) The non-official members of whom, in the case of a Visiting Committee appointee for a Receiving Centre or Certified Institution intended beggars, not less than two shall be lady visitors, shall be nominated by the State Government. (4) Non official members shall hold office for a period of three years from the date of appointment or for such further period, if any, as the State Government may, be general or special order, direct in that behalf. (5) The tenure of appointment of a non-official member may be terminated by the State Government at any time without assigning any reason. (6) A non-official member shall be eligible for renomination on the expiry of his term of office. (7) Any casual vacancy among the non-official members shall be filed in by the nomination of another non-official who shall hold office so long as the person in whose place he is nominated would have held it if the vacancy had not occurred. 21. Duties of Visiting Committee :- (1) It shall be the duty of members of a Visiting Committee appointed for a Receiving centre or certified Institution maintained by the State Government (a) to visit the centre or Institution, as the case may be, once a month according to the programme which shall be drawn up by the chairman after consulting the metnbers: (b) to attend meetings; (c) to visit all parts of the centre of institution and see every inmate remanded or detained therein and make such enquiries of them as they think fit. (2) It shall be the duty of such Visiting Committee (a) to satisfy itself that necessary measures for discipline, employment, teaching of industries and medical care are being taken, (b) to give every inmate an opportunity of making applications and to enquire into the same; (c) to inspect the accounts and other register and the record of inmate; (d) to recommended to the chief Inspector or Superintendent the release on licence in accordance with section 22 of persons detained in the certified Institution; (e) to recommended to the chief Inspector the names of societies and responsible persons willing to take charge of or provide work for persons so released; (f) to ascertain and communicate to the chief Inspector whether any person recommended for release is willing to be placed in the charge of or work for any such society or responsible persons; (g) to consider any other matter connected with the progress of the centre or Institution, as the case may be, and the welfare of the inmates in general or in particular. (3) Four members shall form a quorum for the purpose of the meetings referred to in clause (b) of sub-rule (1). 22. Visiting Committee for Receiving Centre or Certified Institution not maintained by the State Government :- The duties of a Visiting commitee appointed for a Receiving centre or certified Institution not maintain ed by the State Government shall, subject to the terms of any agreement entered into by the State Government in respect thereof, be the same as those prescribed by rule 21. 23. Visiting Committee Book :- (1) At every Receiving centre and certified Institution, besides a general Visit Book, there shall be kept a separate Visiting Committee Book, in which, shall be recorded the minutes of the proceedings of each meeting of the Committee and wherein members of the Visiting Committee shall, also record the dates of their visits, with any remarks or suggestions they may have to make. (2) A copy of the proceedings of each meeting and all such remark shall be sent to the chief Inspector with such remarks as the Superintendent may desire to offer. 24. Date before which local authority to pay contribution :- A local authority which has agreed to pay and sum of money under sub section (1) of section 16 shall make payment of that sum to the State Government not later than the 1st day of February next following the financial year to which the payment pertains. 25. Conditions of transfer from one Receiving Centre or Certified Institution to another :- (1) The chief Inspector may subject to the provisions of sub-section rule ( ) direct that any person detained in a Receiving centre or certified Institution shall be transferred to another Receiving centre or certified Institution in the State subject to the following conditions namely: (i) every such direction shall be issued with dus regard to the accommodation available; (ii) no such direction shall be issued except on (a) a report from the Medical Officer recommending the transfer of such person on medical or hygienic ground, or (b) a direction given by a Court, or (c) a report from a Superintendent recommending transfer in the interest of discipline or for other reasons. (2) When such person it transferred from Receiving centre or certified institution to another all his effects, valuables and money in the custcdy of the Superintendent shall be sent alongwith him to Superintendent ol the Receiving centre or certified Institution to wich he has been transferred together with a full and correct statement of the description and estimated value thereof. (3) The chief Inspector shall not direct the transfer of any person tc a Receiving centre or certified Institution not maintained by the Slate Government in contravention of the terms of any agreement entered in to by the State Government in respect of such Centre or Institution. 26. Release on licence :- (1) The Chief Inspector may release a person detained in certified Institution on a licence in form 'D' and subject to the conditions specified therein if in the opinion of the Chief Inspector such person has been of good behaviour and is not likely to beg or employ or cause persons to beg or use them for the purposes of begging and will be able to maintain himself and his dependents by honest means and satisfies the following conditions, namely: (a) in case he is undergoing detention for the first time, he has resided in the certified Institution for not less than one third of the term of his detention; and in any other case he his resided in the certified Institution for not less than two-thirds of the term of detention; (b) during one month immediately preceding the date of release in the case of a first detention, three such months in the case of detention, for the second time and six months in the case of any subsequent detention he has not been awarded any disciplinary punishment under any of the clauses (iii) to (vii) of rule 33: Provided that the chief Inspector may in special cases, for reasons to be recorded in writing, relax the provisions of clauses (a) and (b). (2) The superintendent shall give timely intimation of the probable date of an inmate's release from the certified Institution to his relative and invite the relative to come to the Institution on that date and take charge of the inmate. If the relative takes charge of the inmate accordingly, actual expenses of the inmate's return journey shall be paid by the Superintendent to the relative at the time of the inmate's release, If the relative does not come to take charge of the inmate, the inmate shall be taken to his native place by a guard from the institution at Government cost subject to the conditions that: (i) the relatives have been duly traced and contracted: (ii) the approval of the Chief Inspector shall be necessary in case the inmate's relative resides out of the state of Gujarat. 27. Absence for short periods :- (1) Subject to the condition that no disciplinary punishment under rule 33 has been awarded, the Superintendent of a Receiving Centre or Certified Institutioa may, oa sufficient cause being shown to his satisfication grant permission in writing to an inmate to absent himself for short period not exeeding 7 days in the year exclusive of the time required for going to and returning from the destination for the purpose of visiting parents or relations or wife and children, provided that as far as possible the previous consent of the Chief Inspector shall be obtained leave exceeding 3 days at a time. (2) The permission grant under sub-rule (1) may at any time be cancelled by an order in writing by the Superintendent and the inmate may bt recal ed by him without giving any reasons thereof. (3) The time during which an inmate is absent from the Receiving Centre or Certified Institution under sub-rule (1) shall be deemed to be part of the time of his detention in the Receiving Centre or tne Certified Institution. (4) If any inmate fails to return to the Receiving Centre or Certified Instiution at the expiry of the period permitted under sub-rule (1) or when recalled under sub-rule (2) the Superintendent shall report the matter to the Chief Inspecter for, and any Police Officer, may, on the application in writing of such Superintendent or Chief Inspector, arrest the inmate without warrant and send him back to the Receiving Centre or Certified Institution. (5) The time which elapses after the failure of an inmate under sub- rule (4) to return to the Receiving Centre of Institution shall be excluded in computing the time of his detentions in Receiving Centre of Certified Institution. 28. Daily routine in Receiving Centres and Certified Institutions :- (1) At dawn the inmates of Receiving Centre and Certified Institution shall be marched of to perform their ablutions and a reasonable time shall be allowed for the performance of hygienic duties. (2) The inmates shall be employed first in cleaning the dormitories, compound and other parts of the Receiving Centres and Certified Institutions; thereafter the inmates shall attend their respective duties, such as carpentry, weaving and other like assignments. (3) All inmates subject to their medical fitness shall ordinarily be required to work for 8 hours on every working day. Exemption from work or reduction in the hours of work may be granted, by the Superintendent on the recommendation of the Medical Officer. (4) The details of the daily routine and employment of the inmates during the various hours of the day shall be fixed by the Superintendent with the approval of the Chief Inspector, who shall have power to make change therein from time to time, if necessary. The approved time-table in this behalf shall be displayed o n the notice board of the Receiving Centre and the Certified Institution. 29. Grade System and gratuities :- (1) With a view to encouraging steady behaviour and application to the training provided, the following grade system may be employed in a Certified Institution or the Receiving Centre as the case may be namely: (a) Head Mukadam's Grade, Not more than one person from among 10 Mukadams, of exceptionally good conduct shall be promoted as a head Mukadam. (b) Mukadamis grade. At the head of every working party consisting of 20 inmates there shall be one Mukadam selected from among the inmates who have settled down to the institutional life and whose conduct and progress have been satisfactory. (2) The pattern of uniform and badge of the Head Mukadam and Mukadams shall be selected by the Superintendent. The Head Mukadam shall be provided with sandles and Mukhadams with champles once in a year. (3) Promotion or reduction in grade shall be made by the Superintendent. (4) An inmate who shows satisfactory progress in the training provided for him or whose conduct is good may be paid a gratuity not exceeding Rs. 5 per month. (5) The amount earned by way of gratuities shall be kept with the Superintendent who shall credit the total amount in the nearest Government Treasury by opening a personal ledger amount for each inmate. An inmate may spend out of the balance at his credit such amount and on such Articles, as the Superintendent may consider to be reasonable; on the release of an inmate, the balance, if any left, in his account shall be handed over to him and the ledger closed. 30. Duties of the Superintendent :- (1) The Superintendent shall be responsible for the custody, protection, treatment, training and welfare of the inmates in the Receiving Centre and the the Certified Institution. (2) The superintendent shall move about freely among the inmates, hear and redress their complaints promptly, acquaint himself with the conduct, progress, behaviour of each inmate and ensure that each one of them is provided with proper food, clothing, bedding and such other amenities as are admissible. (3) The Superintendent shall maintain discipline and order at the Receiving Centre or as the case may be, the Certified, Institution, among the staff and ensure that every member of the staff behaves with patience and good temper and discharges his duties satisfactorily and promptly. (4) The Superintendent shall (i) keep a constant watch on the receipts and expenditure of the Receiving Centre or as the case may be the Certified Institution; (ii) satisfy himself by frequent periodical inspections that the registers and account books are written up-to-date; (iii) verify that cash balances correspond with those entered in the cash, that the daily entries are made in the day books and that outstandings are not allowed to accumulate. (5) The Superintendent shall assign duties to the members of the staff of the Receiving Centre or as the case may be, the Certified Institution. Such duties may include those connected with the management and supervision of inmates in the Receiving Centre or t h e Certified Institution, their training, outside employment, recreation, investigation and other matters connected with the Court. 31. Duties of Probation Officers :- It shall be the duty of a Probation Officer to carry out all directions given to him by the Court and in particular perform the following duties: (i) to make initial enquiries regarding the home and other conditions of the under-trial beggars and detained beggars; (ii) to attend regularly the Court and submit reports; (iii) to keep diary, case-files and register; (iv) to escort inmates, whenever possible, from Court or the Receiving Centre to the Certified Institutions; (v) to endeavour to find employment and work for inmates; (vi) to run recreation clubs and to organise games and cultural programmes; (vii) to move freely among the inmates and redress their grievance promptly; (viii) to assist police in arrest process; (ix) to attend to medical examination of every inmate and follow-up srupulously all sick and ailing inmates in the Receiving Centre or the Certified Institutions; (x) to inform the parent or guardian, if any, about the illness Of the inmate concerned; (xi) to follow-up, whenever possible, for a period of 18 months of inmates descharged from the institution either released on licence or after expiry of detention period. 32. Disposal of property of inmates dying or escaping before release :- (1) When an inmate of any Receiving Centre or Certified Institution dies therein, the property left by the deceased and the amount earned by him, as a gratuity, if any, shall be kept in safe custody, and handed over by the Superintendent of such Receiving Centre or Certified Institution, as the case may be, to any person who establishes his claim thereto and executes an indemnity-bond. A receipt shall be obtained from such person for having received such property and the amount. If no such claimant appears within a period of six months from the date of death of such inmate, the property and the amount shall be handed over to the police for disposal in accordance with the provisions of sections 82 to 88 of the Bombay Police Act, 1951. (2) When an inmates of any Receiving Centre or Certified Institution escapes therefrom or fails to return thereto after expiry of the period of absence permitted to him, the property left by him and the amount earned by him as a gratuity, if any, shall be kept in safe custody by the Superintendent of such Receiving Centre or such Certified Institution, for a period of six months, from the date of escape of such inmate or the date on which such inmate should have returned thereto, as the case may be. If within the said period such inmate is not arrested and sent back, or does not return, to the Receiving Centre or the Certified Institution, as the case may be, such property and amount shall be handed over to Police for disposal in accordance with the provisions of sections 8 2 to 88 of the Bombay Police Act, 1951. 33. Punishments :- If a person commits a breach of any of the provisions of rule 15, shall be liable to any one or more of the following punishments which may be awarded by the Superintendent who shall record all such disciplinary measures in a register provided for the purpose: (i) Formal warning personally addressed to the inmate by the Superintendent; (ii) Forfeiture of privileges, if any; (iii) Degradation in grade, if any; (iv) Confinement in the lock-up for a period not exceeding 3 days; (v) Imposition of handcuffs, except in the case of a female; (vi) Solitary confinement not exceeding ten days at a time; (vii) Penal diet for period not exceeding three days at a time with intervals of not less than 12 days between every two such periods: Provided that th,e penalty specified in clause (i) shall not be combined with any penalty other than that specified in clause (ii) and the penalties specified in clauses (v) and (vii) shall not be carried put in combination even when awarded at different times and for different offences. 34. Repeal and Savings :- (1) On the commencement of these rules, the Bombay Beggars, Rules, 1946 and all other rules corresponding thereto in force in any part of the State immediately bsfore the commencement of these rules, shall stand repealed: Provided that anything done or any action taken under any of the of the said rules so repealed shall be deemed to have been done or taken under the corre ponding provisions of these rules unless such thing or action is inconsistent with any of the provisions of these rules.
Act Metadata
- Title: Gujarat Prevention Of Begging Rules, 1964
- Type: S
- Subtype: Gujarat
- Act ID: 17282
- Digitised on: 13 Aug 2025