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Act Description : KARNATAKA PROHIBITION OF BEGGARY ACT, 1975
Act Details :-
 

KARNATAKA PROHIBITION OF BEGGARY ACT, 1975


 


27 of 1975


 


 


STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 27 of 1975 Karnataka Gazette, Extraordinary, dated 27-2-1973 There are four different enactments in the different areas of the State relating to prohibition of beggary. It is considered necessary to have a uniform law on the subject applicable to the whole of the State of Karnataka. Hence this Bill.


 


STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 7 of 1982 Karnataka Gazette, Extraordinary, dated 3-2-1982 In order that the provisions of the Prohibition of Beggary Act are more effectively implemented it was considered necessary to have a more compact Central Relief Committee. It is also proposed to have a small committee to administer the Central Relief Fund. It was also considered necessary to provide for the enhancement of the period of detention in a relief center for contravention of the provisions of the Act from six months to one year. An ordinance was promulgated to provide for the above matters. This Bill seeks to replace the Ordinance.


 


STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 12 of 1988 Karnataka Gazette, Extraordinary, dated 23-1-1988 Section 19 of the Karnataka Prohibition of Beggary Act, 1975 is intended to be amended to give powers to Chairman of Central Relief Committee to transfer the Beggars from one Institution to another receiving centre, relief centre, in the State. Section 22 of the Act is intended to be amended to give powers to Chairman, Central Relief Committee instead of the Government to enable interstate transfer of beggars between relief centres. Hence this Bill.


 


An Act to prohibit persons from resorting to begging and to provide for the detention, training and employment of beggars, for the custody, trial and punishment of beggar offenders and for the relief and rehabilitation of such persons in the State of Karnataka. Whereas, it is necessary and expedient to prohibit persons from resorting to begging and to provide for the detention, training and employment of beggars, for the custody, trial and punishment of beggar offenders and for the relief and rehabilitation of such persons in the State of Karnataka; Be it enacted by the Karnataka State Legislature in the Twenty-sixth year of the Republic of India as follows.


 


CHAPTER 1 Preliminary


 


Section 1 Short title, extent and commencement


 


(1) This Act may be called the Karnataka Prohibition of Beggary Act, 1975.


 


(2) It extends to the whole of the State of Karnataka.


 


(3) It shall come into force in such areas of the State on such dates as the State Government may, by notification appoint and different dates may be appointed for different areas:


 


Provided that the provisions of this Act shall not be brought into force in any area unless the State Government is satisfied that suitable facilities exist for the relief of the beggars of that area.


 


CHAPTER 2 Definitions


 


Section 2 Definitions


 


In this Act, unless the context otherwise requires.


(1) "Alms" means anything given gratuitously to a beggar, such as money, cooked or uncooked foodgrains or clothing, or any other thing of value;


 


(2) "Beggar" means any person other than a child who.


 


(a) solicits or receives alms in a public place whether or not under any presence such as singing, dancing, fortune telling, performing tricks, or selling articles;


(b) enters any private premises for the purpose of soliciting or receiving alms;


(c) exposes or exhibits with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease whether of a human being or of an animal;


(d) having no visible means of subsistence, wanders about or remains in any public place in such condition or manner as makes it likely that he exists by soliciting or receiving alms;


(e) allows himself to be used as an exhibit for. the purpose of soliciting or receiving alms:


Provided that a person shall not be deemed to be a beggar if he.-


(i) is a religious mendicant licensed by the Central Relief Committee to solicit alms in the prescribed manner;


(ii) in the performance of any religious vow or obligation as sanctioned by custom or religion collects alms in a private or public place, without being a nuisance; or


(iii) is permitted in writing by the Central Relief Committee to collect contributions in cash or kind from the public for any public institution, whether religious or secular or for the furtherance of any object for the good of the public; or


(iv) is a student collecting alms for the prosecution of his studies;


 


 


 


(3) "Central Relief Committee" means the Committee constituted by the Government under Section 4;


 


(4) "Child" means a boy, who has not attained the age of sixteen years, or a girl, who has not attained the age of eighteen years;


 


(5) "Government" means the State Government;


 


(6) "Institution" includes a receiving centre, a relief centre, colony, settlement area or any other institution declared to be such by the Government;


 


(7) "Local area" means an area declared as such by the Government from time to time for the purposes of this Act by notification;


 


(8) "Local Committee" means the Committee appointed by the Central Relief Committee for any local area;


 


(9) "Notification" means a notification published in the Official Gazette;


 


(10) "Prescribed" means prescribed by rules made under mis Act;


 


(11) "Public Place" means any place intended for the use of or accessible to the public and includes any public conveyance;


 


(12) "Receiving Centre" means a centre established by the Central Relief Committee for the reception and temporary retention of beggars; and


 


(13) "Relief Centre" means a centre established by the Central Relief Committee for the relief of beggars sent thereto.


 


CHAPTER 3 Prohibition of Begging


 


Section 3 Begging Prohibited


 


No person shall beg in the areas in which this Act is in force.


 


CHAPTER 4 Constitution and Administration


 


Section 4 Central Relief Committee


 


(1) The Government may by notification constitute a Central Relief Committee (hereunder referred to as the Committee).


 


 


(2).


 The Committee shall consist of. -


 


(a)


 The Secretary to Government, Social Welfare and Labor Department


 Member


 


(b)


 The Director of Social Welfare in Karnataka


 Member


 


(c)


 The Secretary to Government, Finance Department


 Member


 


(d)


 Four non-official members nominated by the Government


 Members


 


The Government may appoint one of the Members of the Committee as its Chairman and appoint a Secretary who may or may not be a member of the Committee.


 


(3) Subject to the pleasure of the State Government, the term of the office of the non-official members shall be for a period of three years:


 


Provided that if a non-official member of the Committee absents himself without permission of the Committee for two consecutive meetings of the committee, he shall cease to be a member.


 


(4)


 


(a) Casual or other vacancies in the Committee shall be filled by the Government in the prescribed manner.


(b) During any vacancy in the Committee the continuing members may act as if no vacancy had occurred.


 


(5) The non-official members shall be paid such remuneration and allowances as may be prescribed.


 


(6) The Committee shall meet at least once in two months.]


 


(7) Subject to the provisions of this Act and the rules made thereunder, the supervision, direction and control of all matters relating to the administration of relief shall vest in the Committee.


 


Section 5 Local Committees


 


The Committee, may for the purposes of carrying out the provisions of this Act in any local area constitute as prescribed a local committee.


 


Section 6 Local administration


 


(1) Subject to the control of the Central Relief Committee and the rules made in this behalf, the administration of relief to the beggars in any local area shall be vested in the local Committee.


 


(2) For the purpose of carrying out the provisions of this Act in any part of a local area, the local Committee may constitute such Sub-Committees as may be prescribed.


 


CHAPTER 5 Institutions


 


Section 7 Receiving Centres


 


The Central Relief Committee may provide receiving centres for the reception and temporary retention of beggars or it may by notification declare any institution to be a receiving centre for the purposes of this Act.


 


Section 8 Relief Centres


 


The Central Relief Committee may establish institutions, in such places as may be deemed necessary for the detention, relief and rehabilitation of persons contravening the provisions of Section 3 and sent thereto or it may by notification declare any existing institution as a relief centre.


 


Section 9 Management of Institutions


 


(1) Subject to the provisions of this Act, the Central Relief Committee shall make provision for the proper management of institutions and for the care of the inmates therein.


 


(2) Every person detained in any of the institutions shall be subject to such rules of discipline as may be prescribed.


 


Explanation.-"Discipline" includes the enforcement of manual labour and hard labour.


 


Section 10 Enforcement of discipline


 


The Central Relief Committee may authorise the officer-in-charge of any institution to enforce discipline in such institution in the manner prescribed.


 


CHAPTER 6 Procedure and Punishments


 


Section 11 Arrest and enquiry


 


(1) Any police officer or such other officer as may be authorised by the Government in this behalf by general or special order who finds any person other than a child contravening the provisions of Section 3 shall arrest such person and inform him of the grounds for such arrest and remove him immediately to the nearest receiving centre.


 


(2) The officer-in-charge of the receiving centre shall thereupon without delay, hold such enquiry as may be prescribed and if satisfied that the person, if released, will not resort to begging shall release him forthwith with or without surety.


 


(3) If the person arrested under sub-section (1) is not released forthwith under sub-section (2) the officer-in-charge of the receiving centre shall produce him before the Executive Magistrate or the Judicial Magistrate or the Metropolitan Magistrate having jurisdiction, 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 such Magistrate provided that no person arrested under sub-section (1) shall be detained in custody beyond the said period without the authority of a magistrate.


 


(4) The Magistrate before whom, a person is produced under sub-section (3) shall hold an enquiry and if satisfied that such person has committed the offence of begging but undertakes not to commit such offence shall release him on his furnishing a bond.


 


(5) If any person released under sub-section (4) is again produced before any Executive Magistrate or a Judicial Magistrate or a Metropolitan Magistrate for a similar offence, and the contravention of Section 3 is proved against him, he shall not be released without a surety.


 


Section 12 Magistrate to send beggar to the relief centre


 


(1) If a person against whom action has been taken under Section 11 is again produced before a magistrate for a similar offence, or on the ground that such person does not or is unable to comply with the directions contained in the said section and if the Magistrate on enquiry finds that the person has contravened the provisions of Section 3, he shall convict him and pass a sentence of detention in the nearest relief centre for such period not exceeding 11. Substituted for the words "six months" by Act No. 7 of 1982 and shall be deemed to have come into force w.e.f. 1-10-1981 [twelve months] as may be specified in the order.


 


(2) An order of detention passed by a magistrate under sub-section (1) may at any time be revoked or modified.


 


Section 13 Infirm, disabled and decrepit beggars and persons suffering from any incurable disease to be arrested and sent to receiving centres


 


(1) Notwithstanding anything contained in Section 11 where an officer-in-charge of the receiving centre in the course of enquiry held in pursuance of sub-section (2) of Section 11 finds that a person other than a child is infirm, disabled, decrepit or suffering from any loathsome or incurable disease he shall ascertain from that person if he has any relatives and if there are any, he shall immediately send for them and if on enquiry it is found that the person cannot be taken care of, or if there are no relatives, the officer-in-charge of the receiving centre shall, with the report of his enquiry, immediately produce him before the Executive Magistrate or the Judicial Magistrate or the Metropolitan Magistrate having jurisdiction within a period of twenty-four hours of his arrest excluding the time necessary for the journey from the place of arrest to the Court of such Magistrate: Provided that no person arrested shall be detained in the custody beyond a period of twenty-four hours without the authority of a Magistrate.


 


(2) Where a person who is produced under sub-section (1) before a Magistrate is found bn enquiry by such Magistrate to have contravened the provisions of Section 3, the Magistrate shall convict him and pass a sentence of detention in the nearest relief centre for such period not exceeding 22. Substituted for the words "six months" by Act No. 7 of 1982 and shall be deemed to have come into force w.e.f. 1-10-1981 [twelve months] as may be specified in the order and an order of detention passed by a Magistrate may at any time be revoked or modified by such Magistrate.


 


Section 14 Medical examination and detention of leprosy patients and lunatics


 


(1) Where it appears to the Government that any beggar detained in


 


(2) Where it appears to the Government that the beggar has ceased to be of unsound mind, or is cured of leprosy, the Government shall, by an order direct the person having charge of the beggar if still liable to be kept in custody, send him to the institution from which he was removed or if the beggar is no longer liable to be kept in custody, order him to be discharged.


 


(3) Subject to the provision of sub-section (2), the provisions of S.31 of the Lunacy Act, 1912 (Central Act 4 of 1912), or S.14 of the Lepers Act, 1898 (Central Act 3 of 1898), or the corresponding provision of any other law in force in any area of the State, shall apply to every beggar confined in a mental hospital or a leper asylum under sub-section (1) after the expiration of the period for which he was ordered to be detained; and the time during which a beggar is confined in a mental hospital or leper asylum under that sub-section shall be reckoned as part of the period for which he may be ordered by the magistrate to be detained:


 


Provided that where the removal of a beggar due to unsoundness of mind or leprosy is immediately necessary, it shall be open to the authorities of the institution in which the beggar is detained to apply to a Court having jurisdiction under the Lunacy Act, 1912 (Central Act 4 of 1912) or the Lepers Act, 1898 (Central Act 3 of 1898), or under any corresponding law in force in any area of the State, for an immediate order of committal to a mental hospital or a leper asylum until such time as the orders of the Government can be obtained in the matter.


 


Section 15 Beggar to leave Institution on discharge or permission


 


No person who is admitted to any Institution shall leave it without an order of discharge or without the written permission of the officer-in-charge of the institution.


 


Section 16 Absconding beggars how to be dealt with


 


(1) On a report from the officer-in-charge of any institution that a person has left such institution in contravention of Section 15, any police officer or such other officer as may be authorised by Government in this behalf, shall arrest such person without a warrant and inform him of the grounds for such arrest and remove him immediately to the institution which he had left.


 


(2) The officer-in-charge of the institution shall produce him before the Executive Magistrate or the Judicial Magistrate or the Metropolitan Magistrate having jurisdiction, 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 such magistrate and the magistrate shall, after satisfying himself that the said person has contravened the provisions of Section 15, order him to be delivered to the institution with a warning.


 


(3) Any person dealt with under the provisions of sub-section (1), who absconds or takes to begging after he is discharged under Section 15 shall be placed before a Judicial Magistrate, or Metropolitan Magistrate who after summary trial may convict him and sentence him to imprisonment for a period not exceeding three months.


 


Section 17 Abettors to be punished with imprisonment or fine or both


 


Whoever employs any person to beg or abets such employment, shall be punished on conviction by a magistrate with simple or rigorous imprisonment for a term which may extend to three months or with fine, which may extend to three hundred rupees or with both.


 


Section 18 Refusal of a beggar to go to an institution or to a Magistrate punishable with imprisonment or fine or both


 


Any beggar refusing or failing to accompany a Police Officer or any officer authorised by the Government in this behalf to appear before a magistrate or to be taken to an institution when required under this Act, shall be punished on conviction by a magistrate with simple imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees or with both.


 


CHAPTER 7 Miscellaneous


 


Section 19 Transfer from one Institution to another


 


The 11. Substituted for the words "Government or such other officer as may be authorised by the Government in this behalf" by Act No. 12 of 1988, w.e.f. 11-5-1988 [Chairman of the Central Relief Committee] may direct any person detained in a receiving centre or relief centre or any other institution to be transferred there from to another receiving centre, relief centre or Institution of a like nature in the State:


Provided that the total period of detention of such person shall in no case be increased by such transfer.


 


Section 20 Temporary release of beggars


 


(1) The Government or any authority to which the Government may delegate its power in this behalf, may, subject to such conditions as may be prescribed, release on parole for such period as it may deem necessary any beggar detained in a relief centre in case of any serious illness or death of any member of the beggar's family or any of his nearest relatives or for any other sufficient cause.


 


(2) The period of release of a beggar under sub-section (1) shall not count towards the total period of his detention in the relief center.


 


Section 21 Unconditional release of beggars


 


At any time after the expiration of three months from the date on which a beggar is detained in a relief centre, if the officer-in-charge of such relief centre is satisfied from the conduct of such beggar in such centre during the period of his detention that there is a probability that such person will abstain from begging, he may recommend to the Government his unconditional release and the Government may order the release of such person unconditionally and there upon the term for which such person had been ordered to be detained in a relief centre shall be deemed to have expired.


 


Section 22 Transfer between relief centres in the State and institutions of a like nature in other States of India


 


(1) The 11. Substituted for the words "Government may" by Act No. 12 of 1988, w.e.f. 11-5-1988 [Chairman of the Central Relief Committee may], in consultation with the officer-in-charge of a relief centre, order the transfer to that relief centre of any person in respect of whom an order of detention has been made by a Competent Authority in any other State in India of the nature of an order under this Act directing him to be detained in a relief centre or institution of a like nature, and upon such transfer, the provisions of this Act shall apply to such person as if he had been directed under this Act to be detained in such relief centre by a Competent Court in the State of Karnataka.


 


(2) The 22. Substituted for the words "Government may" by Act No. 12 of 1988, w.e.f. 11-5-1988 [Chairman of the Central Relief Committee may] direct any person detained in a relief centre in the State to be transferred therefrom to any institution of a like nature in any other State in India to be detained therein under the provisions of law similar to this Act in force in mat State:


 


Provided that no person shall be transferred under mis section to any other State without the consent of the Government of such State.


 


Section 23 Offences under this Act cognizable


 


All offences under this Act shall be cognizable.


 


Section 24 Fines


 


Fines recovered under mis Act, shall be credited to the Central Relief Fund.


 


Section 25 Priority for cases under the Act


 


Notwithstanding, anything in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), every Court shall, as far as possible, give precedence to any proceeding under this Act over any other proceeding before such Court.


 


Section 26 Power to acquire property, etc


 


Subject to the rules made in mis behalf the Central Relief Committee or any local Committee shall have power to acquire property, enter into contracts, institute and defend legal proceedings and do all other acts incidental thereto.


 


Section 27 Appointment of officers


 


The Central Relief Committee or the local committees with the previous sanction of the Central Relief Committee may appoint officers for the purpose of the Act in accordance with the rules prescribed in mat behalf.


 


Section 28 Protection of officers


 


No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.


 


Section 29 Public servant


 


Every person empowered to perform any function under this Act shall be deemed to be a public servant within the meaning of S.21 of the Indian Penal Code, 1860 (Central Act XLV of 1860).


 


Section 30 Central Relief Fund


 


11. Section 30 renumbered as sub-section (1) thereof by Act No. 7 of 1982 and shall be deemed to have come into force w.e.f. 1-10-1981 [(1) In order to carry out the purposes of this Act, a fund called the Central Relief Fund shall be formed. This Fund shall consist of.-


 


(i) subscriptions and donations;


(ii) grants from the Government;


(iii) the cess paid under sub-section (3) of Section 31;


(iv) grants from local bodies, and other private or public institutions;


(v) fines recovered under this Act; and


(vi) receipts from other sources.


 


22. Sub-sections (2) and (3) inserted by Act No. 7 of 1982 and shall be deemed to have come into force w.e.f. 1-10-1981 [(2) The Central Relief Fund shall be administered by a Committee consisting of the Secretary to Government, Social Welfare and Labour Department who shall be the Chairman and the Director of Social Welfare and a representative of the Finance Department nominated by the Government who shall be the members of the Committee.


 


(3) Subject to such rules as may be prescribed, the Central Relief Fund shall be applied for such purposes and in such manner as may be decided by the Committee constituted under sub-section (2) from time to time.]


 


Section 31 Beggary cess


 


(1) With effect from such date as the Government may by notification appoint, a beggary cess in the form of surcharge on.-


 


(i) tax on lands and buildings;


(ii) tax on entry of goods into the local area for consumption, use or sale therein;


(iii) tax on vehicles;


(iv) tax on professions, trades, callings and employments.


 


(2) The cess levied under sub-section (1) shall be collected by the local authority concerned as if the cess were a tax payable under the relevant laws for the time being in force and the provisions of the said laws relating to the levy and collection of the said tax shall apply in respect of the levy and collection of such cess subject to such modifications as may be prescribed.


 


(3) The local authority shall be entitled to deduct as the cost of collection ten per cent of the amount collected under sub-section (2) and the balance shall be paid by such local authority to 33. Substituted for the words "the Central Relief Committee" by Act No. 7 of 1982 and shall be deemed to have come into force w.e.f. 1-10-1981 [the Committee constituted under sub-section (2) of Section 30], within such time and in such manner as the Government may direct.


 


Section 32 Board of Visitors


 


The Government may, in accordance with the rules made in this behalf, appoint a Board of Visitors in local areas to inspect, from time to time, the institutions situated therein, and to report on the working of these institutions, to the Government and offer such suggestions as they deem fit for the improvement of the said institutions.


 


Section 33 Revision


 


Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), any person aggrieved by any decision of a magistrate under this Act, may apply to the Court of Session having jurisdiction in the prescribed manner and within the prescribed time for revision of such decision and the Court of Session in so doing may examine the legality or propriety of the proceedings before the magistrate. The decision of the Court of Session shall be final.


 


Section 34 Appeal


 


(1) If any inmate of an institution is aggrieved by any order passed by any person in charge of the institution, he may appeal against that order to the Chairman of the local Committee.


 


(2) The decision of the Chairman of the local Committee may be taken up in second appeal to the Board of Appeal constituted in the prescribed manner by the Central Relief Committee from amongst its members and the order of that Board shall be final.


 


Section 35 Charge for misconduct


 


The Government may on the report of an auditor who may be appointed by the Government to audit the accounts of the Central Relief Fund pass an order charging any person responsible for causing any loss through misconduct or negligence, after obtaining his explanation and shall in every such case certify the amount due from such person, and upon the application of the Central Relief Committee the revenue authorities shall recover the said amount from such person as if it were an arrear of land revenue and credit to the Central Relief Fund.


 


Section 36 Publication of annual accounts


 


The annual accounts of receipts and expenditure, and the budget when sanctioned shall be open to public inspection and shall be published in such manner as may be prescribed.


 


Section 37 Administration Report


 


(1) As soon as may be after the 1st of July every year, and not later than such date as may be fixed by the Government, the Central Relief Committee shall submit to the Government an administration report for the preceding official year in such manner and with such details as the Government may direct.


 


(2) Each local committee shall, as soon as may be after the 1st July of each year and not later than such date as may be fixed by the Central Relief Committee, submit to the Central Relief Committee an administration report for the preceding official year in such manner and in such form as may be fixed by the Central Relief Committee.


 


(3) The report shall be published in such manner as the Government may direct.


 


CHAPTER 8 Control


 


Section 38 Powers of Government


 


The Government or any officer authorised by the Government by a general or special order shall have power.-


(a) to enter and inspect any institution under the control or management of the Central Relief Committee or inspect any work in progress under it or under its direction;


 


(b) to call for any extract from the proceedings of the Central Relief Committee or of any Committee under its control and direction and any return, statement, account or report which the Central Relief Committee may be required to furnish;


 


(c) to inspect the office of the Central Relief Committee or any office under its control and direction, and call for the records of any such office, and the officer authorised shall submit the records for the orders of the Government if he is satisfied that the order or proceedings of the Central Relief Committee or the local committee is contrary to law or orders for the time being in force.


 


Section 39 Disputes


 


(1) If any dispute arises between the Central Relief Committee and local Committees or local bodies in any matter arising under the provisions of this Act and the dispute is not amicably settled, the matter shall be reported to the Government who may take cognizance of the dispute and decide it and the decision of the Government shall be final.


 


(2) No suit shall be entertained by a Civil Court in respect of any dispute referred to in sub-section (1).


 


Section 40 Rules


 


(1) The Government may by notification make rules generally for the purpose of carrying into effect the provisions of this Act.


 


(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for.-


 


(a) the constitution of the committees and institutions and their powers, duties and functions;


(b) the constitution of the Board of Visitors, its powers, duties and functions;


(c) the submission of returns and statements and reports and the preparation and submission of annual receipts and expenditure and the annual administration report by the Central Relief Committee and the local committees;


(d) the auditing of accounts;


(e) the constitution of a Board of Appeal, its powers, duties and functions;


(f) the transfer of beggars from one institution to another and on such conditions as may be prescribed from one State to another;


(g) prescribing the form of bonds required to be taken under the provisions of this Act; and


(h) any other matter in respect of which rules are required to be or may be made under this Act.


 


(3) The power of the Government to make rules under this Act shall be subject to the condition of previous publication.


 


(4) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date on which the modification or annulment is notified by the Government in the OfficialGazette have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done under such rule.


 


(5) All rules made by the Government under this Act shall be published in the Official Gazette both in English and Kannada.


 


Section 41 Repeal


 


On the date on which this Act comes into force in any area in which any of the Acts specified in the Schedule to this Act is in force, such Act shall stand repealed on such date in such area:


Provided that S.6 of the MYSORE GENERAL CLAUSES ACT, 1899 (Karnataka Act III of 1899), shall be applicable in respect of such repeal and S.8 of the MYSORE GENERAL CLAUSES ACT, 1899, S.6 of the MYSORE GENERAL CLAUSES ACT, 1899 and S.24 of the MYSORE GENERAL CLAUSES ACT, 1899 said Act shall be applicable as if the said enactments had been repealed and re-enacted by this Act.


 


SCHEDULE 1 SCHEDULE


 


1. The Bombay Beggars Act, 1945 (Bombay Act XXIII of 1945).


 


2. The Prevention of Beggary Act, 1350 F (Hyderabad Act XX of 1350 Fasli).


 


3. The Madras Prevention of Begging Act, 1945 (Madras Act XIII of 1945).


 


4. The Mysore Prohibition of Beggary Act, 1944 (Mysore Act 33 of 1944).


 


 


RULE:


 


KARNATAKA PROHIBITION OF BEGGARY RULES, 1975


 


Whereas, the draft of the Rules for the Prohibition of Beggary, 1975, was published as required by sub-section (1) of Section 40 of the Karnataka Prohibition of Beggary Act, 1975 (Karnataka Act 27 of 1975) in Notification No. GSR 90 (SWD 17 SBR 75), dated 15th March, 1976, in Part IV, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 16th March, 1976, inviting objections or suggestions from all persons likely to be affected thereby on or before 30th March, 1976; And whereas, the said Gazette was made available to the public on 16th March, 1976; And whereas, no objection or suggestion has been received on the said draft; Now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (5) of Section 40 of the Karnataka Prohibition of Beggary Act, 1975 (Karnataka Act 27 of 1975), the Government of Karnataka hereby makes the following rules, namely


 


PART 1 PART


 


Rule 1


 


(1) These rules may be called the Rules for the Karnataka Prohibition of Beggary, 1975.


 


(2) They shall come into force at once.


 


Rule 2 In these rules, unless there is anything repugnant in the subject or context


 


(i) "Act" means KARNATAKA KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975;


 


(ii) "Chairman" means Chairman of the Central Relief Committee;


 


(iii) "Controller of State Accounts" means the Controller of State Accounts in Karnataka State;


 


(iv) "Fund Account" means the Central Relief Fund as defined in S.30 of the KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975;


 


(v) "Government" means the State Government;


 


(vi) "Indoor Relief" means and includes provision for food, clothing, shelter, health, education, occupational training and recreation;


 


(vii) "Officer-in-charge" means any person in charge of any receiving or relief centre or both;


 


(viii) "Section or sub-section" means a section or sub-section of the Act;


 


11. Clause (viii-a) inserted by GSR 12, dated 15-11-1997, w.e.f. 9-4-1998 (viiia) "Statement" means statement appended to the rules;


 


(ix) All other words and expressions used in the rules shall have the meaning assigned to them in the Act.


 


PART 2 Central and Local Relief Committees


 


Rule 3


 


The organisation and working of beggar relief measures under the provisions of the Act shall vest in Relief Committees, Central and Local.


 


Rule 4 Constitution


 


(i) The Central Relief Committee to be constituted by the Government under S.4 OF THE KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 shall consist of not less than 15 members and not exceeding 30 members, inclusive of the Chairman.


 


(ii) In filling up casual or other vacancies occurring during the course of the term, as far as possible regard shall be had to the same principles which governed the appointment of the member who held that position immediately before the vacancy arose.


 


Rule 5


 


(i) A Local Relief Committee to be constituted by the Central Relief Committee for any area under S.5 OF THE KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 shall comprise of not less than eight members and not more than 12 members inclusive of the Chairman.


 


(ii) The term of office of the members of the Committee shall be for three years:


 


Provided that if a member of the Committee absents himself without permission of the Committee for two consecutive meetings of the Committee, he shall cease to be a member.


 


(iii) Any casual vacancy occurring before the expiry of a term shall be filled up, as far as possible, on the same considerations as are applicable to the Central Relief Committee.


 


Rule 6


 


Any vacancy occurring in the Central Relief Committee or Local Relief Committee on account of absence of the member for two consecutive meetings without permission of the Committee shall be filled up as it were a casual vacancy.


 


Rule 7 Functions and Powers


 


The functions to be performed and the powers to be exercised by the Central Relief Committee and the Chairman shall include the following.-


(i) Making recommendations to the Government to apply the provisions of the Act to any specified area (S.1(3) OF THE KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 proviso);


 


(ii) Issuing licences to religious mendicants or giving permission for collecting subscriptions for any public institutions or for public good (S.2(2) OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 proviso);


 


(iii) Constituting Local Relief Committees for specified areas to administer relief under its control (S.5 OF THE KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975);


 


(iv) Establishing, Receiving and Relief Centres or declaring any institution as such (S.7 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 and S.8 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975);


 


(v) Providing for proper management of Receiving and Relief centres and for the care and discipline of the inmates therein either under its direct control, or through, Local Relief Committees (S.6 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 and S.9 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975);


 


(vi) Determining the strength of the Establishment to be entertained and sanctioned by the Government;


 


(vii) Sanctioning the staff required for Local Relief Committees;


 


(viii) Arranging for collection of donations and subscriptions to the Central Relief Fund (S.30 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975);


 


(ix) Allotting grants to Local Relief Committee from the Central Relief Fund wherever possible;


 


(x) Considering the Budget to be submitted to the Government for approval (S.36 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975);


 


(xi) Approving the administration report and the annual accounts of receipts and expenditure to be submitted to the Government, after the close of the year (S.36 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 and S.37 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975);


 


(xii) Considering audit and inspection reports (S.36 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975);


 


(xiii) Constituting a Board of Appeal consisting of three members selected from among its members to hear appeals against the orders of the Chairman of a Local Relief Committee.


 


Rule 8


 


(i) 11. Substituted for the words "The Chairman" by GSR 12, dated 15-11-1997, w.e.f. 9-4-1998 The Secretary of the Central Relief Committee is the Executive Officer and will carry out the policy and measures approved by the Committee subject to the general orders of the Government.


 


(ii) He will exercise such of the powers and functions as are delegated to him by the Central Relief Committee.


 


(iii) In all emergencies he is at liberty to take such action as he deems fit in any matter and report the same to the Central Relief Committee at its next meeting.


 


(iv) As Head of the Department of Beggar Relief he is empowered.-


 


(a) To make all appointments to posts sanctioned by the Government;


(b) The administrative and financial powers vested with the different persons of Central Relief Committee are as indicated in 22. Substituted for the word "Statement" by GSR 12, dated 15-11-1997, w.e.f. 9-4-1998 [Statement-I and Statement-II];


33. Clauses (c) and (d) omitted by GSR 12, dated 15-11-1997, w.e.f. 9-4-1998 (c) x x x x x


(d) x x x x x.


 


Rule 9


 


A Local Relief Committee and its Chairman will possess such powers and perform such functions as may be necessary for the administrations of local institutions with the previous sanction of the Chairman of the Central Relief Committee.


 


Rule 10 Meetings and Procedure


 


(i) The Central Relief Committee shall be convened for the transaction of ordinary business once a quarter in the months of January, April, July and October.


 


(ii) The Chairman will preside over all the meetings of the Committee and in his absence any member selected by the Committee for the time being will do so.


 


(iii) Every member of the Committee will be given notice of an ordinary meeting at least one month before the date of which it is held and he will be entitled to send motions for consideration at least 15 days before the date of the meeting.


 


(iv) The agenda of the meeting will be forwarded to the members at least 10 days before the meeting.


 


(v) Special meetings of the Committee of which 15 days notice shall be given may be summoned by the Chairman at any time and notice will be accompanied by the agenda of the special motions to be discussed thereat.


 


(vi) Special meetings of the Committee of which notice as in the preceding rule shall be given may also be summoned on a written requisition by not less than one-fourth of the number of members of the Committee, provided that such requisition mentions what special motions are to be discussed thereat.


 


(vii) A motion shall be admitted by the Chairman: (a) if the matter to which it relates is within the scope of the Committee's functions and powers, (b) if it is clearly and precisely expressed raising substantially one definite issue, and (c) if it is free from arguments, inferences and reflections.


 


(viii) For a meeting of the Committee one-third of the total number of members including the Chairman shall form a quorum. If a quorum is not formed for 20 minutes after the time appointed for the meeting, the meeting shall stand adjourned to such future date as the Chairman may appoint. The business at an adjourned meeting may be transacted without regard to the quorum, unless the Chairman holds otherwise for reasons to be recorded in writing.


 


(ix) After a motion has been moved any member may move an amendment to it, provided notice thereof has been given three clear days before the date of the meeting.


 


(x) An amendment must be relevant to, and within the scope of the motion to which it is moved.


 


(xi) Every motion or amendment shall be put to vote by the Chairman as a question for the determination of the Committee and the result thereof announced by him.


 


(xii) In the event of an equality of votes, the Chairman shall, in addition to his vote as a member of the Committee, have a second or a casting vote.


 


(xiii) All points of order relating to the admissibility of a subject for discussion or to the conduct of business at meetings will be decided by the Chairman and his decision shall be final.


 


(xiv) Any subject not disposed of at any original or adjourned meeting shall be deemed to have lapsed and may be brought up again at any subsequent meeting.


 


(xv) A copy of the minutes of each meeting shall be sent to each member as early as possible after it is over.


 


Rule 11


 


A Local Relief Committee shall adopt rules similar to the above for holding its meeting and any modifications considered necessary therein may be made with the approval of the Central Relief Committee.


 


PART 3 Central Relief Fund


 


Rule 12


 


The Central Relief Fund formed under Section 30 shall be under the general control of the Government and all expenditure incurred or sanctioned for performing the duties and meeting the obligations under the provisions of the Act shall be debited to it.


 


Rule 13


 


In operating upon the Fund it shall be necessary to frame a Budget of expected receipts and expenditure under different heads for any official year and have it sanctioned by the Government.


 


Rule 14


 


11. Existing Rule 14 omitted and a new Rule inserted by GSR 151, dated 24-8-1991, w.e.f. 2-9-1991


S.1 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975.-


 


(1) The Secretary shall, on or before the Fifteenth day of January, each year, prepare and submit to the Central Relief Committee a budget containing a detailed estimate of income and expenditure of the Central Relief Committee for the ensuing year commencing on the First day of April next following together with a complete account of the actual and expected receipts and expenditure for the official year ending on the Thirty-first day of March next following.


(2) The Central Relief Committee shall thereupon decide upon the appropriations, and the ways and means contained in the budget of the year to commence on the First day of April next following. The budget as passed by the Central Relief Committee shall be sent to the Government and a copy thereof sent simultaneously to the Controller, State Accounts Department, Bangalore, for information.


(3) In such budget estimate, the Central Relief Committee shall among other things.-


(a) Make adequate and suitable provisions for such service as may be required for the fulfillment of the several duties imposed on the Central Relief Committee by this Act or any other law.


(b) Provide for the payment, as they fall due of all instalments of principal and interest for which the Central Relief Committee may be liable in respect of loans contracted by it.


(c) Provide for the payment of all sums payable to the Government (Central Relief Committee).


(d) Allow for a balance at the end of the said year of not less than such sum as may be required to meet the establishment charges for a period of three months.


 


(4) If the budget as submitted, fails to make adequate provisions for the matters specified in sub-section (3), the Government may modify any part of the budget so as to ensure that such provision is made.


(5) The Government may also modify the budget or any part thereof so as to secure compliance with any of the provisions of this Act or of the rules made thereunder:


Provided that in the case of Central Relief Committee, the Standing Committee or any other Committee appointed under Beggary Act to Central Relief Committee may, within the budget sanctioned under this section, sanction reappropriations not exceeding five hundred rupees from one subhead to another or from one minor head to another minor head under the same major head and controlled by the same Committee. However, a statement of such reappropriation shall be submitted to the Government after approval by the Central Relief Committee meeting which will be held as prescribed in the Beggary Act.


 


S.2 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Revision of Budget If, in the course of the official year, the Central Relief Committee finds it necessary to modify the figures shown in the budget with regard to its receipts or to the distribution of the amounts to be extended on the different services, it undertakes, it may do so, provided that without the approval of the Government.-


 


(a) No reduction shall be made in the amounts allotted for the several items specified in clauses (b) and (c) of sub-section (3) of S.1 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975; and


(b) The closing balance shall not be reduced below the sum fixed under clause (d) of sub-section (3) of S.1 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975.


 


S.3 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Maintenance of accounts and restrictions on expenditure


 


(1) Accounts of income and expenditure of the Central Relief Committee Fund shall be kept, and receipts accepted and payments from the Central Relief Committee Fund made in accordance with the rules prescribed in this behalf.


(2) Expenditure from the Central Relief Committee Fund shall, save as otherwise expressly provided in this Act, be incurred, subject to the restrictions, conditions and limitations imposed in the rules prescribed in this behalf.


(3) The Central Relief Committee shall, at its meeting in April or after audit of the past official years accounts, if such audit has not before that meeting taken place, pass the accounts of past official year.


 


S.4 OF THE KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Audit of Accounts


 


A. Controller, State Accounts Department shall be the Auditor for Central Relief Committee and Central Relief Committee Funds.


B. Powers of Auditor.-The Auditor shall-


(1)


(a) require in writing the production of such vouchers, statements returns, correspondence, notes or other documents in relation to the accounts as he may think fit;


(b) require in writing any salaried servant of the Central Relief Committee accountable for, or having the custody or control of such vouchers, statements, returns, correspondence notes or other documents or of any property of the Central Relief Committee or any person having directly or indirectly by himself or his partner, any share or interest in any contract with or under the Central Relief Committee to appear in person before him at the Central Relief Committee Office and answer any question;


(c) in the event of an explanation being required from the Chairman/Secretary/Superintendent of Nirashrithara Parihara Kendra concerned or other Honorary officer, or members of Central Relief Committee in writing invite such person to meet him at the Audit Office and shall in writing specify the point on which his explanation is required.


 


(2) The Auditor may, in any requisition or invitation made under subsection (1), fix a reasonable period, not being less than three days within which the said requisition or invitation shall be complied with.


(3) The Auditor shall give to the Central Relief Committee not less than two weeks notice in writing of the date on which he proposes to commence the audit:


Provided that, notwithstanding anything contained in this sub-section, the Auditor may, for special reasons which shall be recorded in writing, give shorter notice than two weeks or commence a special or detailed audit on the authority of the Government without giving notice.


 


S.5 OF THE KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Penalty for disobeying requisition under S.4 OF THE KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Any person who wilfully neglects or refuses to comply with any requisition lawfully made upon him under clause (a), (b) or (c) of sub-section (1) of S.4 OF THE KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975, shall be punished with fine which may extend to one hundred rupees:


 


Provided that no proceedings under this section shall be instituted except with the written sanction of the Chairman, Central Relief Committee/Government: Provided further that before giving such sanction, the Chairman Government shall call upon the person against whom the proceedings are to be instituted to show cause why the sanction should not be given.


 


S.6 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Audit report to be sent to certain officers and bodies As soon as practicable after the completion of the audit, but not later than three months thereafter, the Auditor shall prepare a report on the accounts audited and examined and shall send such report to the Government (Social Welfare Department), Central Relief Committee and to the concerned Superintendent of Nirashritara Parihara Kendra.


 


S.7 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Audit report-what to contain The Auditor shall include in his report, a statement of.-


 


(a) every payment which appears to him to be contrary to law;


(b) the amount of any deficiency or loss which appears to have been caused by the gross negligence or misconduct of any person;


(c) the amount of any sum received which ought to have been but is not brought into account by any person, and


(d) any material impropriety or irregularity which he may observe in the accounts other than those mentioned in clauses (a), (b) and (c).


(e) Claims/purchase contrary to Beggary Act Rules.


 


S.8 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Central Relief Committee to remedy defects Procedure to be followed after report of the Auditor under S.4 OF THE KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975.-


 


(1) On receipt of a Report under S.4 OF THE KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975, the Secretary in the case of Central Relief Committee, the Superintendent in the case of Nirashrithara Parihara Kendra shall remedy any defects or irregularities which may have been pointed out in the report, and shall only with the concurrence of the Chairman, Central Relief Committee within two months of the receipt of the report, place the report, together with a statement of the action taken or proposed to be taken thereon and an explanation in regard thereto before meeting of the Central Relief Committee. He shall also, within three months of the receipt of the report send to the Controller, State Accounts Department, intimation of his having remedied the defects or irregularities, if any pointed out in the report, or shall, within the said period, supply the Controller, State Accounts Department, any further explanation in regard to such defects or irregularities as the Central Relief Committee may wish to give.


(2) On receipt of such intimatipn or explanation, the Controller, State Accounts Department may, in respect of all or any of the matters discussed in the report.-


(a) accept the intimation or explanation given by the Chairman, Central Relief Committee and withdraw the objection, or


(b) direct the matter be reinvestigated at the next audit or at any earlier date, or


(c) hold that the defects or irregularities pointed out in the report or any of them that have not been removed or remedied.


 


(3) The Controller, State Accounts Department shall send a report of his decision to the Government within three months of the date of the receipt by him of the intimation or explanation of the Chairman, Central Relief Committee to give such intimation or explanation, on the expiry of the" period of two months mentioned in the said sub-section, and shall forward a copy of such report to the Chairman, Central Relief Committee. If the Controller, State Accounts Department, holds that any defects or irregularities have not been removed or remedied, he shall state in the report whether, in his opinion, the defects or irregularities can be regularised and, if so, by what method; and if they do not admit of being regularised, whether they can be condoned, and, if so, by what authority. He shall also state whether the amounts to which the defects or irregularities relate should, in his opinion, be surcharged or charged.


(4) The Central Relief Committee shall include in its next administration report, such portions of the report under S.4 OF THE KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 as deal with defects and irregularities falling under clause (c) of sub-section (2), together with the explanation thereof, if any, given under sub-section (1) and the final report of the Controller, State Accounts Department thereon under sub-section (3). Such report of defects and irregularities and explanation shall be open to the inspection of the public at the office of the Central Relief Committee for a period of one month from the date of their receipt.


(5) Nothing in this section shall preclude the Controller, State Accounts Department at any time from bringing to the notice of the Government, for such action as the Government may consider necessary, any information which appears to him to support a presumption of criminal misappropriation or fraud or which in his opinion deserves special attention or immediate investigation.


 


S.9 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Government to surcharge or charge illegal payment or loss caused by gross negligence or misconduct


 


(1) The Government may, after considering the recommendation of the Controller, State Accounts Department, and after taking the explanation of the person concerned, or making such further enquiry, as he may consider necessary, disallow any item which appears to him to be contrary to law and surcharge the same on the person making, or authorising the making of the illegal payment; and may charge against any person responsible therefor the amount of any deficiency or loss caused by the negligence or misconduct of that person, or any sum received which ought to have been but is not brought into account by that person and shall, in every such case, certify the amount due from such person.


(2) The Government shall state in writing the reasons for its decision in respect of every surcharge or charge and shall send by registered post a copy thereof to the person against whom it is made and also to the Controller, State Accounts Department.


(3) If a person to whom a copy of the Government decision is sent under sub-section (2) refuses to take delivery thereof he shall be deemed to have duly received it on the day on which it was refused by him.


 


S.10 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Recovery of Surcharges and Charges how made


 


(1) Every sum certified by the Government to be due from any person under sub-section (1) of S.9 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 shall be paid by such person into the treasury or bank in which the funds of the Central Relief Committee are lodged, within one month from the date of receipt by him of the decision of the Government, unless within that time such person has applied to the Court or to the Government as provided in S.9 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975.


(2) The said sum, if not duly paid, or if an application has been made to the Court against the decision of the Government as provided in sub-section (1) of S.9 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 such sum as the Court or the Government shall declare to be due, shall be recoverable, on an application made by the Central Relief Committee through Chairman to the Court, in the same manner as an amount decreed by the Court in favour of the Central Relief Committee.


 


S.11 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Application against order of Surcharge or Charges


 


(1) Any person aggrieved by any order of surcharge or charge made by the Government under sub-section (1) of S.10 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 may within one month from the date of receipt by him of the decision of the Government either.-


(a) apply to the District Court to set aside such order; and the Court, after taking such evidence as it thinks necessary, may, confirm, modify or remit such surcharge or charge and made such orders as to costs as it minks proper in the circumstances; or


(b) in lieu of such application apply to the Government which shall pass such orders thereon as it thinks fit.


 


(2) Pending disposal of the application all proceedings on the certificate shall be stayed if the person aggrieved makes out a prima facie case to the satisfaction of the District Court or the Government for the issue of a stay order.


 


S.12 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Expenses in respect of requisition of auditors to be payable out of Central Relief Committee Funds All expenses incurred by Central Relief Committee/Nirashrithara Parihara Kendra in complying with any requisition of an Auditor under sub-section B(1) of S.4 OF THE KARNATAKA KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 shall be payable out of the Central Relief Committee Fund.


 


S.13 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 Transmission of accounts to Government The Central Relief Committee/Nirashrithara Parihara Kendra as the case may be shall, as soon as the annual accounts have finally passed by the Central Relief Committee Meeting, transmit to the Government, or any officer duly authorised by it in this behalf, a copy thereof or an account in the form prescribed in this behalf, and shall furnish such details and vouchers relating to the same, as the Government or such officer may, from time to time direct.


 


Rule 15


 


Arrangements shall be made to audit the accounts of the Central Relief Committee and the Central Relief Fund at least once a year.


 


Rule 16


 


A Local Relief Committee shall prepare its own budget of income and expenditure for any official year and have it sanctioned by the Central Relief Committee. It will make its own arrangements to draw upon its moneys and to account for the same.


 


PART 4 Institutions for Reception and Relief


 


Rule 17


 


The Receiving and Relief Centres run directly by the Central Relief Committee shall be in charge of one or more persons, honorary or paid who shall manage them, subject to the orders of the Chairman of the Committee.


 


Rule 18 Establishment


 


The officer-in-charge of the each Centre shall be assisted by an establishment the strength of which shall be sanctioned by the Government on the recommendation of the Central Relief Committee.


 


Rule 19


 


The staff of each Centre shall be under the immediate control of the officer-in-charge who shall issue orders from time to time prescribing the duties of the various members of the staff. All such orders issued by him shall be recorded in Duty Register.


 


Rule 20


 


An Attendance Register shall be maintained for the staff of each Centre.


 


Rule 21 Reports and Registers


 


The officer-in-charge shall attend the Centre from 8 a.m. to 12 noon and from 3 p.m. to 6 p.m. every day. He shall also visit at nights often and satisfy himself that every thing is in order and that the night duty watchmen are alert.


 


Rule 22


 


He shall maintain a diary of work attended to by him daily.


 


Rule 23


 


All complaints of the inmates shall be recorded by him in a Register of complaints and he will either redress any genuine grievance himself or submit a report on it to the Chairman.


 


Rule 24


 


Any outbreak of an epidemic disease or an unusual sickness, any serious breach of discipline, escape, attempt at escape, recapture, accident, suicide or death from any cause, shall be reported at once to the Chairman.


 


Rule 25


 


The daily attendance of beggars at each Centre shall be exhibited on a Notice Board and a copy thereof submitted to the Chairman for information.


 


Rule 26


 


He shall submit a report of administration and a statement of accounts within a month after the close of the official year and also a Budget Statement three months before the next official year commences.


 


Rule 27


 


In addition to the usual accounts, the registers and reports enjoined by the provisions of the Act and these rules shall be maintained by him in such forms as may be approved by the Chairman.


 


Rule 28 Receiving Centre


 


(i) Soon after a beggar is brought to a Receiving Centre by a Police Officer or such other officer as may be authorised in this behalf, the officer-in-charge shall hold an enquiry into the particulars necessary for dealing with him and embody the results of it in an Enquiry Register.


 


(ii) Beggars who are not immediately released by Receiving Officer shall be searched in his presence and any cash or other valuables found with them shall be taken for safe custody and noted in a Register of Properties.


 


(iii) They shall then be examined by a Medical Officer who shall note the particulars of health of each beggar in a Health Register maintained by him.


 


(iv) The Receiving Officer shall make all necessary arrangement for feeding, accommodation and medically a treating (if required) the beggars during the time of their retention in the Centre and for conveying them to the Court, Hospital and Relief Centres.


 


(v) The Receiving Officer shall also attend and aid the Court in dealing with the cases of beggars produced before it for enquiry and orders.


 


Rule 29 Relief Centre-Preliminary


 


(i) Whenever a beggar is sent to a Relief Centre by a Receiving Officer, the person in charge shall enquire into the particulars to be recorded in an Inmate Register.


 


(ii) The particulars contained in an extract of the Property Register sent from the Receiving Centre with the beggar concerned shall be verified and transferred to a Register of the Properties and Income.


 


(iii) Every inmate shall be subjected to medical examination and the results thereof noted in a History Ticket. An extract of the Health Register of the Beggar concerned shall also be received from the Receiving Centre for verification.


 


(iv) After the preliminaries are over, each inmate shall be given a disinfectant bath and immediately supplied with clothing, the clothing worn by him at the time being destroyed, if it is in rags or in a filthy or verminous condition.


 


Rule 30 Accommodation


 


Beggars shall be classified as able-bodied, disabled, diseased, mentally deranged, infectiously affected, etc., and as males, females and children and each group shall, as far as possible, be accommodated separately from the rest. Care shall be taken mat inmates suffering from infectious disease do not mingle with others.


 


Rule 31 Care of health


 


(i) Those requiring medical treatment shall be attended to by the Medical Officer in the Centre or sent to any Government Hospital.


 


(ii) The health of every inmate shall be examined by the Medical Officer once in every fortnight and the result thereof noted in the history ticket of the inmate.


 


Rule 32 Diet


 


(i) The officer-in-charge shall see that every beggar is given ganjee or wheat cake at 7 a.m. in the morning and two meals in the forenoon, at 12 noon and in the evening at 6 p.m. The daily scale of diet shall be as follows.-


 


 


 


 


 


 Rate per Head


 


1.


 Ragi floor for Ganjee


 100 Grams


 


2.


 Ragi floor for Balls


 300


 


3.


 Rice


 300 Grams


 


4.


 Pulses


 28


 


5.


 Dhal


 80 Grams


 


6.


 Vegetables


 200 Grams


 


7.


 Groundnut oil


 10


 


8.


 Curry Powder


 14


 


9.


 Salt


 28


 


10.


 Tamarind


 10


 


11.


 Onions


 15


 


12.


 Milk or Butter milk


 1/20 Litre


 


(ii) In the case of sick persons the diet may be altered either in regard to the scale or ingredient on the advice of the Medical Officer and the fact recorded in the History Ticket.


 


(iii) Each inmate will be supplied with an unbreakable plate and a tumbler.


 


(iv) The warden shall personally supervise the distribution of food to each inmate.


 


(v) The food shall be cooked under the supervision of one of the staff who shall be detained for the work by a person in charge.


 


(vi) The person in charge shall also visit the kitchen at least once a day and see that the place and utensils are kept clean and tidy and that the cooking is done with care and in time.


 


Rule 33 Clothing and Bedding


 


(i) Every beggar shall get the following articles of clothing and bedding for his use: Male.-(i) 1 Shirt, (ii) 1 Chaddi or a panche of 2 metres, (iii) One cap, (iv) One towel. Female.-(i) One blouse, (ii) One petticoat, (iii) One saree of 5.5 metres, (iv) One towel.


 


Bedding - Male or female.-


(i) One kambali or blanket, (ii) One mat, (iii) One pillow, (iv) One dupti.


 


(ii) Each inmate shall get two sets of clothes, and one set of bedding for one whole year.


 


Rule 34 Attention to cleanliness


 


(i) All inmates except the sick shall bath once every day. Every inmate shall be given for this purpose 28 grams of soapnut powder per week.


 


(ii) Every female in addition shall be provided with 4 grams of cocoanutoi1 per week for dressing the hair. A comb and a looking glass also will be made available for them.


 


(iii) The officer-in-charge shall see that every inmate keeps his person as well as the clothing, bedding and other articles given to him neat and tidy.


 


(iv) Every inmate shall wash his own clothing at least once a week, usually on Sundays and at such other times as the Officer-in-charge may direct. On special cases, however, when any inmate is physically unable to do it shall be arranged to have it done by the staff of the Centre.


 


(v) Washing soap shall be supplied for washing the clothing in the following scale: Male: 20 grams each per week. Female: 40 grams each per week.


 


(vi) The officer-in-charge shall also see that every male inmate is given a shave twice a month unless the condition of his health prevents it.


 


Rule 35 Work and Training


 


(i) Such inmates whom the Officer-in-charge considers fit for work shall do the work allotted to him. In allotting work due regard shall be paid to any ailment from which an inmate may be suffering.


 


(ii) Arrangements shall be made to impart elementary education to the inmates and to train them in agricultural or industrial occupations.


 


(iii) Daily hours of work shall not exceed six and the wages earned by an inmate under a system of wages prescribed by separate rules shall be deposited and paid to him at the time of discharge.


 


Rule 36 Daily routine and discipline


 


(i) All inmates except the sick shall rise at 6 a.m. and get into bed at 9 p.m. every day. The several hours shall be announced by ringing a bell.


 


(ii) Rolls shall be called twice daily by the Warden on duty at 11 a.m. and 4-30 p.m.


 


(iii) Inmates shall behave in an orderly manner and be respectful to the authorities and visitors to the Centre.


 


(iv) The inmates shall not gamble, sing, make any loud noise, quarrel, use threatening or abusive language or cause intentional annoyance to other inmates or to any member of the establishment.


 


(v) No inmates shall bring or cause to be brought into the Centre or make use of tobacco, spirits or luxuries of other description except when permitted by the person in charge on medical grounds.


 


(vi) No inmates shall have dealings with any member of the staff of the Centre.


 


(vii) The inmates shall not cause damage or injury to the property of the Centre.


 


(viii) The inmates shall obey the lawful orders of the officer-in-charge, Warden and other persons having authority to exercise control over the inmates.


 


Rule 37 Punishments


 


The officer-in-charge may award any of the following punishments for breach of any of the rules or for insubordination or misbehaviour.-


(i) Formal warning;


 


(ii) forfeiture of privileges such as permission to go out or receive visits for a period not exceeding three months;


 


(iii) reduction in number or quantity of meals;


 


(iv) imposition of extra work.


 


Rule 38 Discharge and Permission


 


(i) A beggar may obtain an order of discharge from the Magistrate or permission to go out for short periods from the officer-in-charge on being able to show to their satisfaction that he will lead a normal life and not resort to begging if discharged or permitted.


 


(ii) A beggar may be discharged at any time if any interested relative or friend undertakes to take care of him and not to allow him to beg and executes a surety bond to that effect to the satisfaction of the Court.


 


(iii) All cases, of discharge or permission shall be listed from time to time and submitted to the Central Relief Committee for information.


 


(iv) On the day of discharge or permission the state of health and weight of the inmate concerned shall be recorded by the Medical Officer in the History Ticket. The belongings of the inmate shall be handed over to him under his signature or thumb impression.


 


Rule 39 Miscellaneous


 


(i) A child below 7 years of age in the care of its mother who is committed to the Relief Centre may also be permitted to remain with her if it cannot be placed with any relative or otherwise provided for. If any question arises as to whether a child is below 7 years of age or not, it shall be determined by the officer-in-charge.


 


(ii) A child born after the committal of its mother may remain with her.


 


(iii) Arrangements shall be made to maintain and train all children I above 7 years and below 12 years of age either in the Relief Centre or outside when any relative or other trustworthy person is forthcoming.


 


Rule 40


 


If any religious or charitable body or individual offers on festival occasions, small luxuries in the shape of fruits and sweetmeats, they may be received by the officer-in-charge in his discretion and distributed to wellbehaved inmates. If cash is received, fruits and sweets shall be purchased 1 and distributed.


 


Rule 41


 


Any relation of an inmate may be permitted to visit him by the officer-in-charge. Such visits shall be once in 15 days and shall not each exceed 30 minutes in duration. In case of grave illness more frequent visits may be allowed by the person in his discretion.


 


Rule 42


 


Daily prayers may be arranged according to the faith and pursuasion of the inmates. Arrangements shall also be made to give simple moral instructions once a week to all inmates.


 


Rule 43


 


The rules, regulating the working of the Receiving and Relief Centres run by the Central Relief Committee shall be adopted by Local Relief Committees with such changes as are considered necessary and approved by the Central Relief Committee.


 


Rule 44


 


The Board of visitors to be appointed by the Government for any local area under S.30 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 shall consist of not more than five persons who shall visit the institutions in that area at least once a month and record their observations and suggestions in a book kept for the purpose.


 


Rule 45


 


The Board of appeal to be constituted by the Central Relief Committee to hear second appeals under S.34(2) OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 shall comprise of three members and either the Chairman of the Central Relief Committee or its Secretary shall act as its Chairman.


 


PART 5 PART


 


Rule 46 Arrest and Prosecution


 


Any Police Officer or such other officer as may be authorised by the Government in this behalf shall usually act under the instructions of the Officer-in-charge of the Receiving Centre in performing the duties under the provisions of the Act.


 


Rule 47


 


Such duties include the following.-


(i) Arresting persons found begging (S.11 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975, S.13 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975, S.16 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 and S.18 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975) and removing them to the nearest Receiving Centre.


 


(ii) Producing such persons before the nearest Magistrate having jurisdiction as often as may be necessary [ S.11(3) OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 and S.16(2) OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975] after the Officer-in-charge of the Receiving Centre has enquired into their cases.


 


(iii) Removing beggars from the Receiving Centres to the Relief Centre under the orders of the Receiving Officer (S.13 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975).


 


(iv) Rearresting beggars who abscond without an order of discharge or permission or resort to begging after obtaining such an order or permission and producing them before the Magistrate (S.16 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975).


 


(v) Arrest of abettors and their prosecution before a Court of law (S.16 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975).


 


(vi) Removing beggars to the Jail when sentences of imprisonment are passed in cases under S.16 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975, S.17 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975 and S.18 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975.


 


(vii) Aiding enquiries by the Receiving Office or the Magistrate by tracing the relatives and properties of beggars and by ascertaining the solvency or otherwise of sureties offered.


 


(viii) Removal of foreigners outside the State (S.22 OF THE KARNATAKA PROHIBITION OF BEGGARY ACT, 1975).


 


(ix) Recovery of fines ordered by the Magistrate,


 


(x) Guard work of Receiving and Relief Centres.


 


(xi) Attending to other duties when directed by the Chairman in this behalf.


 


PART 6 PART


 


Rule 48


 


Beggars may be transferred from one Relief Centre to another under the orders of the Chairman of the Central Relief Committee.


 


Rule 49


 


The Central or any Local Relief Committee is at liberty to make any bye-laws not inconsistent with the provisions of the Act and these rules so as to facilitate proper exercise of its powers and functions.
Act Type :- Karnataka State Acts
 
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