THE UTTAR PRADESH PROHIBITION OF BEGGARY ACT, 1975

 

 

 THE UTTAR PRADESH PROHIBITION OF BEGGARY ACT, 1975 

[ U. P. ACT No. 36 of 1975 ] 

Amended by 

U.P. Act No. 21 of 1978 

 [Passed in Hindi by the Uttar Pradesh Legislative Council on 
August 6, 1975 and by the Uttar Pradesh Legislative Assembly on 
August 8, 1975] 

[Received the Assent of the Governor on August 14, 1975 
under Article 200 of the Constitution of India and was published in 
the Uttar Pradesh Gazette Extraordinary, dated August 22, 1975.] 

1[Authoritative English Text of the Uttar Pradesh Bhiksha 
Vritti Pratishedh Adhiniyam, 1975] 

 AN 

ACT 

to provide for the prevention of beggary and matters 
connected therewith. 

IT IS HEREBY enacted in the Twenty-sixth Year of the 
Republic of India as follows :–   

 CHAPTER I 

Preliminary 
Short title 
extent, 
application, 
commencement 
and effect 

1. This Act may be called the Uttar Pradesh prohibition of 
beggary Act, 1975. 

(2) It extends to the whole of Uttar Pradesh. 

(3) The provisions of this Act shall apply to such city, 
municipality, notified area or town area or part there of or such other 
local area with effect from such date as the State Govermment may, by 
notification, specify in this behalf, and different dates may be appointed 
for different areas and different provisions of this Act. 

(4) The State Govermment may, by notification in the official 
Gazette direct that the provisions of this Act shall in the first instance 
apply only to children and by subsecument notification from time to 
time direct the application of this Act to other categories of persons. 

(5) On the commencement of this Act in any area of State and to 
any class of person in the manner provided in sub-sections (3) and (4) 
all corresponding laws in force in that area shall in relation to that 
class of persons cease to have effect and the provisions of section 6 of 
the U.P General Clauses Act, 1904, shall apply to such cessation as 
they apply to the repeal of an enactment. 

 
 
 

1. For Statement of Objects and Reasons, please see Uttar Pradesh Gazette (Extraordinary) dated August 7, 
1975. 

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[The Uttar Pradesh Prohibition of Beggary Act, 1975] 

Definitions 2. In this Act, unless the context otherwise requires:- 

(a) 'begging', with its cognate expressions and grammatical 
variations means soliciting or receiving alms in a public place. 
Whether or not under any pretence such as singing, dancing, 
fortune-telling, performing tricks or afftering any article for sale, 
and includes- 

(i) entering on any private premises for the purpose of 
soliciting or receiving alms; 

(ii) exposing or exhibiting, with the object of obtaining 
or extorting alms, any sore, wound injury, deformity or 
disease, whether of a human being or animal; 

(iii) having no visible means of subsistence and 
wandering about or remaining in any public place in such 
condition or manner as makes it likely that the person doing 
so exists by soliciting or receiving alms; 

(iv) allowing oneself to be used as an exhibit for the 
purpose of soliciting or receiving alms; but does not include 
soliciting or receiving money of food or gifts for a purpose 
authorized by any law or authorized in the manner 
prescribed; 

 (b) 'Certified Institution' means any institution which the 
State Government provides and maintains for the detention, 
training and employment for beggars and their dependents and 
includes an institution certified  as  such  under  section 16; 

(c) 'Child' means a person below the age of sixteen years; 

(d) 'Court' means the court of a Judicial Magistrate of the 
first class or of the second class or any other court exercising 
criminal jurisdiction in the area in which this Act is in force; 

(e) 'Juvenile Court' has the meaning assigned to it in the 
Uttar Pradesh Children Act, 1951; 

(f) 'prescribed' means prescribed by rules made under this 
Act; 

(g) 'public place' means any place to which for the time being 
the public have or are permitted to have access, whether on 
payment or otherwise, and includes any railway carriage, 
vehicle or vessel or railway or bus station; 

(h) 'Committee' means the State Destitutes Relif committee 
constituted under section 3. 

 CHAPTER II 

Administrative Machinery 
State 
Destitutes 
Relief 
Committee 

3. (1) The State Government may, by notification in the official 
Gazette consitute a State Destitutes Relief Committee. 

(2) The Committee shall consist of a Chairman and such 
number of other members as may be prescribed. 

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[The Uttar Pradesh Prohibition of Beggary Act, 1975] 

 (3) The Chairman and other members shall be appointed by the 
State Government and shall, unless the appointment is terminated 
earlier by the State Government, hold office for a term of three years 
from the date of appointment. 

(4) Any vacancy in the Committee caused by resignation or 
otherwise shall be filled by the State Government by fresh appointment. 

(5) Save as otherwise provided in this section the terms and 
conditions of appointment of the Chairman and other members of the 
Committee shall be such as may be determined by the State 
Government. 

Acts of the 
committee not 
to be 
invalidated 
vacancy 

4. No act or proceeding of the Committee shall be deemed to be 
invalid by reason merely of any vacancy or any defect in the 
constitution of the committee. 

Powers and 
functions of the 
Committee 

5. The Committee shall- 

(a) advise the State Government on matters concerning 
prohibition of beggary and the provision of relief to destitutes; 

(b) prepare and submit to the State Government schemes for 
the purpose of providing relief to destitutes; 

(c) supervise, direct and control all matters relating to the 
administration of relief to destitutes; and 

(d) exercise such other powers and perform such other 
fuctions and duties as may be specified by or under this Act. 

Staff of the 
Committee 

6. (1) There shall be a Secretary of the Committee who shall be 
appointed by the State Government on such terms and conditions as 
the State Government determine. 

(2) Subject to any general or special orders of the State 
Government the committee may, for the purpose of enabling it to 
perform its functions efficiently or to exercise its powers appoint such 
other officers or employees as it may think fit and determine their 
functions and conditions of service. 

Local Relief 
Committees 

7. (1) The Committee may, for the purpose of carrying out the 
provisions of this Act in any local area, constitute a Local Relief 
Committee in such manner as may be prescribed. 

(2) The Local Relief Committee shall, subject to the control of the 
State Destitutes Relief Committee, perform such functions as may be 
prescribed or assiged to it by or under this Act. 

 CHAPTER III 

Prevention of Beggary 
Prohibition of 
begging 

8. No person shall beg within an area to which this Act applies. 

Power to arrest 
person found 
begging 

9. (1) Any police officer may arrest without warrant any person 
who is found begging and shall take or send the person so arrested to a 
Court: 

 

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[The Uttar Pradesh Prohibition of Beggary Act, 1975] 

 Provided that no person entering upon any private premises for 
the purpose of soliciting or receiving alms shall be arrested or shall be 
liable to any proceedings under this Act except upon an oral or written 
complaint to such police office by any occupier of the premises. 

(2) The provisions of sections 50, 51, 52, 56 and 57 of the Code 
of Criminal procedure, 1973 shall, so far as may be, apply to every 
arrest under this section, and the officer-in-charge of the police station 
shall cause the arrested person to be kept in the prescribed manner 
until he can be brought before a Court. 

Inquiry in 
respect of 
persons found 
begging 

10. (1) Where a person is brought before the Court under 
section 9 the Court shall make a summary inquiry in the prescribed 
manner as regards the allegation that he was found begging. 

(2) If the inquiry referred to in sub-section (1) cannot be 
completed forthwith the Court may adjourn it from time to time and 
order the person to be remanded to such place and custody as may be 
convenient: 

Provided that the Court may, Pending inquiry, release a person 
on furnishing bond, with or without sureties that during the inquiry, he 
shall not resort to begging and shall attend the Court whenever 
required. 

(3) If on making the inquiry referred to in sub-section (1) the 
Court is not satisfied that the person was found begging, it shall order 
that such person be reased forthwith. 

(4) If on making the inquiry referred to in sub-section (1) the 
Court is satisfied that such person was found begging, it shall record a 
finding that the person is beggar. 

 1[(5) If a person is found to be a beggar under the last preceding 
sub-section the Court may pass any of the following orders, namely :- 

(a) If the Court is satisfied from the circumstances of the 
case that the person found to be a beggar as aforesaid is not 
likely to beg again, it may, after due admonition, release that 
person on a bond, with or without sureties, for his abstaining 
from begging, and being of good behaviour during the period in 
which the bond is in force ; 

(b) The Court may order him to be detained in a Certified 
Institution for a period which shall be not less than one year 
and may extend up to two years : 

Provided that the court may, by a subsequent order, and for 
reasons to be recorded, reduce the period of such detention.] 

 (6) In passing any order under the provisions of this Act, the 
Court shall have regard to the following, that is to say- 

(a) the age and character of the person charged with begging. 

 

1. Subs. by sec. 2 of U.P. Act No. 21 of 1978. 

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[The Uttar Pradesh Prohibition of Beggary Act, 1975] 

 (b) the circumstances and conditions in which that person 
was living, 

and 

(c) such other matters as may, in the opinion of the Court, 
be necessary to be taken ito consideration in the interests of 
such person. 

 A copy of the order made under sub-section (5) shall be sent 
forthwith to the Superintendent of the Certified Institution. 

Special 
provision for 
child beggars 

11. (1) Notwithstanding anything contained in this Act, where it 
is found that a person against whom an inquiry is to be held under 
section 10 is a child, the Court shall, if the provisions of Uttar Pradesh 
Children Act, 1951 are applicable in that local area, forward the child to 
a Juvenile Court which shall deal with him in accordance with the 
provisions of that Act. 

(2) For ascertaining the age of a person for the purpose of sub-
section (1) the Court may cause him to be examined by a registered 
medical practitioner or take such other evidence as it considers 
necessary. 

Penalty for 
subsequent 
offence 

12. (1) Whoever, having been previously detained in a Certified 
Institution under this Act, is found begging, shall on conviction be 
punished as hereinafter provided. 

(2) When a person is convicted for the first time under sub-
section (1), the Court shall order him to be detained in a Certified 
Institution for a period which shall not be less than one year and may 
extend up to three years. 

(3) When a person is convicted for the second or subsequent 
time under sub-section (1) the Court shall order him to be detained in a 
Certified Institution for a period of five years and may convert any 
period of such detention (not exceeding two years) into a sentence of 
imprisonment extending to a like period. 

Keeping of 
child below 5 
years wholly 
dependent on 
beggar 

13. Where the court has ordered the detention of a person in a 
Certified Institution under section 10 or section 12 it may, after making 
such inquiry as it thinks fit, order any child below the age of five years 
wholly dependent on such person, to be kept in the Certified Institution 
during the whole or part of the period of his detention. 

Recovery of 
costs of 
maintenance 
from the beggar 
or his relatives 

14. (1) The Court which makes an order for the detention of any 
person in a Certified Institution under section 10 or section 12 may 
make an order that the parent or any other person liable to maintain 
him shall, if able to do so, contribute to his maintenance in the 
prescribed manner. 

(2) If the Court is satisfied that the person against whom an 
order for detention is made under section 10 or section 12 has any 
property or is entitled to a share in any property, it may direct that 
such costs of maintenance as may be specified in the order shall be 
recovered from his property of share in the property as the case may be. 

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[The Uttar Pradesh Prohibition of Beggary Act, 1975] 

 (3) Before making any order under sub-section (1) or (2) the 
Court shall afford opportunity to the person against whom an order is 
proposed to be made under the aforesaid provisions to show cause 
against the same. 

(4) Any order made under this section may, on the application 
made by the party liable, or otherwise, be varied by the Court. 

(5) Any sum ordered to be recovered under sub-section (1) or (2) 
shall be recovered as if, it were fine imposed by a Court of criminal 
jurisdiction. 

Penalty for 
employing or 
causing persons 
to beg or using 
them for 
purposes of 
begging 

15. Whoever employs or causes any person to beg or whoever 
having the custody, charge or care of a child, connives at, induces or 
encourages him or whoever uses another person as an exhibit for the 
purpose of begging, shall on conviction be punished with imprisonment 
for a term which shall not be less than one year and may extend up to 
three years. 

Punishment for 
refusing to go 
to a Magistrate 
etc. 

16. Any person refusing or failing to accompany a police officer 
or any other person authorised in this behalf to appear before a Court 
or Magistrate or to taken to a Certified Institution or other place, when 
required under this Act, shall on conviction be punished with 
imprisonment for a term which may extend to six months or with fine 
or with both. 

 CHAPTER IV 

Certified Institutions 
Certified 
Institution 

17. (1) The state Government may provide and maintain one or 
more Certified Institution at such place or places as it thinks fit and 
may cetify any institution to be a Certified Institution for the purposes 
of this Act. 

(2) Every such Certified Institution shall be under the charge of 
a superintendent who shall be appointed by the State Government on 
such terms and conditions as may be prescribed. 

(3) In any such Certified Institution, there shall, so far as 
practicable, be made provision for the teaching of agricultural, 
industrial and other pursuits and for the general education and the 
medical care of the inmates. 

Management 
and discipline 

18. Any person who is detainned in a Certified Institution under 
this Act shall be subject to such rules of management and discipline 
including the taking of manual or other work and the awarding of 
punishment for breach of any such rules, as may, from time to time be 
prescribed. 

Transfer of 
detenus 

19. Subject to such condition as may be prescribed any person 
detained in a Certified Institution under this Act may be transferred to 
any other Certified Institution provided that the total period of 
detention of such person shall in no case be increased by such transfer: 

Provided further that no person shall be transferred to any other 
State without the consent of the Government of that State. 

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[The Uttar Pradesh Prohibition of Beggary Act, 1975] 

Arrest of 
person 
escaping from 
Certified 
Institution 

20. Any person who leaves a Certified Institution without the 
permission of the Superintendent thereof or any other lawful excuse, or 
fails to return after the expiry of the period of absence permitted under 
this Act, may be arrested by any police officer without warrant or by an 
officer of the Certified Institution authorised in this behalf by the State 
Government and shall be sent back to the Certified Institution. 

 CHAPTER V 

Powers of the State Government 
Detention of 
persons 
suffering from 
certain diseases 

21. (1) Where it appears to the State Government or any person 
authorised by the State Government in this behalf that any person 
detained in a Certified Institution under this Act is a lepeer, or of 
unsound mind, the State Government, or the person so authorised as 
the case may be, may order the removal of that person to a leper 
asylum or a mental hospital or other place of safe custody. 

(2) Subject to the provision of the Lepers Act, 1898 and the 
Indian Lunacy Act, 1912 no such person as aforesaid shall be detained 
in a leper asylum or mental hospital or other place, as the case may be 
for a term inclusive of the period of detention undergone in a Certified 
Institution, which would exceed the total period for which he has been 
ordered to be detained in a Certified Institution under section 10 or 
section 12. 

(3) Where it appears to the State Government or any person 
authorised by it in this behalf that the person has ceased to be of 
unsound mind or is cured of leprosy, the State Government or such 
other person shall by order direct him to be sent back to the Certified 
Institution, if still liable to be detained and shall otherwise direct him to 
be discharged. 

(4) Subject to the provisions of this section where the removal of 
a beggar due to unsoundness of mind or leprosy is immediately 
necessary, it shall be open to the Superintendent of a Certified 
Institution to proceed in the prescribed manner until such time as the 
order of the State Government or any other person authorised in that 
behalf can be obtained, as aforesaid. 

Temporary or 
unconditional 
release before 
expiration of 
the period of 
detention 

22.  (1) Subject to such conditions as may be prescribed, the 
State Government or any other person authorised in this behalf may at 
any time grant permission to a person detained in a Certified 
Institution to absent himself for short periods or may at any time 
release such person conditionally and issue him a licence therefor. 

 (2) Subject to such conditions as may be prescribed, a licence 
issued under sub-section (1) may at any time be revoked and thereupon 
the person released on such licence shall surrender and in case of 
default shall be arrested and sent to a Certified Institution for detention 
until the expiry of the term for which he had been ordered to be 
detained under section 10 or section 12. 

(3) The period during which any person is absent from a 
Certified Institution by permission or by licence as aforesaid shall, for 
the purpose of computing his term of detention in a Certified Institution 
be deemed to be part of his deterntion. 

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[The Uttar Pradesh Prohibition of Beggary Act, 1975] 

 (4) Notwithstanding anything contained in the foregoing  
provisions,  the  State Government  may.  if  it  is  satisfied  that  a  
person  detained  in  a  Certified Institution will abstain from begging, 
direct at any time that he shall be released unconditionally and 
thereupon the term for which such person had been ordered to be 
detained in a Certified Institution shall be deemed to have expired. 

 CHAPTER VI 

Miscellaneous 
Medical 
examination of 
the beggar 

23. (1) A person ordered to be detained in a Certified Institution 
under this Act shall, as soon as may be, after his arrival at a Certified 
Institution be  examined by a Medical Officer. 

(2) The Medical Officer shall report about the age and general 
state of health and mental and bodily condition and in particular 
whether the person is a leper or whether he is suffering from any 
infectious or contagious disease and whether he is capable of rendering 
any kind of manual labour. 

(3) The report of the Medical Officer referred to in sub-section 
(2) shall be forwarded to the superintendent of such Certified 
Institution and a copy of the report shall also be sent to the State 
Government or a person authohrised in that behalf for such action as 
may be deemed fit. 

Search in 
Certified 
Institution 

24. The superintendent of Certified Institution may direct that 
any person received in the Certified Institution shall be searched, that 
he shall be cleansed that his personal effects shall be inspetced and 
that any money or other thing found with him shall be disposed of in 
the prescribed manner: 

Provided that a female shall be searched only by a female, and 
with due regard to decency. 

Power to take 
finger prints 

25. (1) Every person ordered to be detained in a Certified 
Institution under this Act shall at any time allow his finger prints to be 
taken by any officer empowerd by rules in this behalf. 

(2) Whoever refuses to allow his finger prints to be taken under 
sub- section (1) shall on conviction be liable to imprisonment for a term 
which may extend to three months. 

Seizure and 
disposal of 
animals 

26. (1) Any police officer arresting a person under section 9 may 
seize any animal, the sore wound, injury, deformity or disease of which 
was exposed or exhibited by such person with the object of obtaining or 
exorting alms. 

(2) Any animal seized under sub-section (1) may be removed to 
the nearest veterinary hospital and shall be disposed of in accordance 
with the orders of the Court. 

Offences to be 
cognizable and 
non-bailable 

27. All offences under this Act shall be cognizable and non-
bailable. 

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[The Uttar Pradesh Prohibition of Beggary Act, 1975] 

Appeal and 
revision 

28. For the purposes of appeal and revision under the Code of 
Criminal Procedure, 1973 an order of detention passed under this Act 
shall be deemed to be a sentence of imprisonment. 

Persons to be 
deemed public 
servants 

29. All person empowered to perform any function by or under 
this Act shall be deemed to be public servants within the meaning of 
section section 21 of the Indian penal Code. 

Bonds taken 
under this Act 

30. The provisions of Chapter XXXIII of the Code of Criminal 
Procedure, 1973 shall, so far as may be, apply to bonds taken under 
this Act. 

Rules 31. (1) The State Government may be notification in the offical 
Gazette make rules for carrying out the purposes of this Act. 

(2) Without prejudice to the generality of the foregoing power, 
such rules may provide for all or any of the following matters, namely:- 

 (a) the powers, functions and duties of the Committee; 

(b) the constitutions, powers, functions, and duties of the 
Local Relief Committees; 

(c) the manner in which a person arrested under section 9 
is to be kept until he can be brought before a court; 

(d) the manner of making summary inquiry under sub-
section (1) of section 10; 

(e) the manner in which contribution for the maintennce of 
a person detained in a Certified Institution may be made  under  
sub-section  (1)  of  section 14; 

(f) the management and discipline including the taking of 
manual or other work and the awarding of punishment for 
breach of rules in respect of the person detainedin a Certified 
Institution; 

(g) the conditions subject to which a person may be 
transferred from one Certified Institution to another in the State 
or outside the State; 

(h) the manner of and the conditions for the removal of any 
person from Certified Institution owing to unsoundness of mind 
or any other reason under sub-section (4) of section 21; 

(i) the conditions of permission for temporary absence from 
a Certified Institution and the conditions of licence for 
temporary release under sub-section of section 22; 

(j) the manner in which the medical examination of a 
beggar is to he held under section 23; 

(k) the manner of disposal of things found in possession of a 
person detained in Certified Institution under section 24; 

(l) fees in repect of any of the matters provided by or under 
this Act; 

(m) any other matter which is required to be or may be 
prescribed. 

 
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[The Uttar Pradesh Prohibition of Beggary Act, 1975] 

 (3) All rules made under this section shall, as soon as may be 
after they are made, be laid before each House of the State Legislature, 
while it is in session, for a total period of thirty days which may be 
comprised in its one session or in two or more successive sessions and 
shall, unless some later date is appointed, take effect from the date of 
their publication in the Gazette subject to such modifications or 
annulment as the Houses of the Legislature may during the said period 
agree to make, so however, that any such modification or annulment 
shall be without prejudice to the validity of anything previously done 
thereunder. 

 
 
 
 
 
 
 
 

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