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27/04/2025
The Vagrancy Act, 1943 (Bengal Act)

The Vagrancy Act, 1943 (Bengal Act)

( ACT NO. VII OF 1943 )

এই অাইনটি ভবঘুরে ও নিরাশ্রম ব্যক্তি (পুনর্বাসন) আইন, ২০১১ (২০১১ সনের ১৫ নং আইন) দ্বারা রহিত করা হইয়াছে।

Chapter IV

PENALTIES AND MISCELLANEOUS

Punishment for employing or causing persons to ask for alms
19. Whoever employs or causes any person to ask for alms, or abets the employment or the causing of a person to ask for alms, or whoever, having the custody, charge, or care of a child, connives at or encourages the employment or the causing of a child to ask for alms shall be liable to be punished on conviction before a Magistrate with rigorous imprisonment for a term which may extend to two years or with fine or with both.
Punishment for refusing to go before a Special Magistrate
20. Any person refusing or failing to accompany a police officer to, or to appear before a Special Magistrate, when required by such officer under section 6 to do so, may be arrested without warrant, and shall be liable to be punished on conviction before a Magistrate with rigorous imprisonment for a term which may extend to one month or with fine, or with both.
Punishment for refusing to submit to medical examination at receiving centre
21. Any vagrant who refuses to submit to a medical examination by the medical officer of a receiving centre or by any person assisting such medical officer under the provisions of sub-section (2) of section 8 shall be liable to be punished on conviction before a Magistrate with rigorous imprisonment for a term which may extend to one month.
Punishment for escape from receiving centre or vagrants’ home
22. Any vagrant who escapes from any custody to which he has been committed under this Act or any rule made thereunder or who leaves a receiving centre without the permission of the officer-in-charge thereof, or who leaves a vagrants' home without the permission of the Manager thereof, or who, having with the permission of such officer-in-charge or Manager, as the case may be, left a receiving centre or a vagrants' home for a time specified under any rule referred to in sub-section (1) of section 15, wilfully fails to return on the expiration of such time, may be arrested without warrant and shall for every such offence, be liable to be punished, on conviction before a Magistrate with rigorous imprisonment for a term which may extend to six months.
Procedure at end of imprisonment
23. Every person imprisoned under the provisions of sub-section (2) of section 15, sub-section (2) of section 18, section 20, section 21 or section 22 shall at the end of his term of imprisonment be brought under police custody before the nearest Special Magistrate who shall forthwith deal with such person in the manner laid down in sections 7, 8 and 9 as if such person had been brought before such Special Magistrate under the provisions of section 6:
 
 
 
 
Provided that if the said Special Magistrate is of the opinion that such person would, if detained under this Act as a vagrant in a vagrants' home, be eligible to be discharged therefrom under the provisions of sub-section (1) of section 18, he may, instead of dealing with such person as aforesaid, direct that such person be released and such person shall thereupon be set at liberty.
Prosecution and jurisdiction to try offenders
24. (1) No prosecution for an offence under this Act may be commenced except by, or with the permission of, such officer as may be prescribed in this behalf.
 
 
 
 
(2) No offence under this Act shall be triable by any Magistrate other than a Magistrate of the first class.
Persons to be deemed public servants
25. All persons empowered to perform any function under this Act shall be deemed to be public servants within the meaning of section 21 of the 1[Penal Code].
Indemnity
26. No suit, prosecution or other legal proceeding shall lie against any person empowered to perform any function under this Act for anything which is in good faith done or intended to be done under this Act.
[Repealed]
27. [Repealed by the First Schedule of the East Pakistan Ordinance, 1960 (Ordinance No. XXVIII of 1960).]
Power to make rules
28. (1) The Government may make rules for carrying out the purposes of this Act.
 
 
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the purposes for which a person may collect money or ask for food or gifts referred to in clause (9) of section 2;
 
 
 
 
(b) the constitution of the Board referred to in sub-section (2) of section 3;
 
 
 
 
(c) the manner in which the summary inquiry referred to in sub-section (1) of section 7 shall be made;
 
 
 
 
(d) the manner in which a vagrant is to be sent to a receiving centre under sub-section (1) of section 8 and the proviso to sub-section (1) of section 10;
 
 
 
 
(e) the manner in which a medical officer is medically to examine a vagrant under sub-section (2) of section 8;
 
 
 
 
(f) the types of works for which a vagrant may be reported fit under clause (e) of sub-section (3) of section 8;
 
 
 
 
(g) the manner in which a vagrant is to be sent to a vagrants' home under sub-section (1) of section 9;
 
 
 
 
(h) the manner in and the extent to which the provisions of sub-section (3) of section 9 in respect of children may be relaxed;
 
 
 
 
(i) the manner in which the money found with or on, or the proceeds of the sale of other personal effects of, a vagrant may be applied to the welfare of vagrants under section 14;
 
 
 
 
(j) the management and discipline referred to in sub-section (1) of section 15 to which vagrants detained in receiving centres and vagrants' homes shall be subject;
 
 
 
 
(k) the type of the hard labour which is to form the punishment which may be awarded under sub-section (3) of section 15;
 
 
 
 
(l) the manner in which a vagrant may be sent from one vagrants' home to another under section 16;
 
 
 
 
(m) the manner in which the Manager of a vagrants' home is to certify under clause (a) of sub-section (1) of section 18 that satisfactory employment has been obtained for a vagrant;
 
 
 
 
(n) the amount of the bond referred to in clause (c) of sub-section (1) of section 18;
 
 
 
 
(o) the officer referred to in sub-section (1) of section 24.
[Omitted.]
29. [Continuance of action taken under Bengal Ordinance II of 1943.- Omitted by section 2 and the First Schedule of the East Pakistan Repealing and Amending Ordinance, 1962 (East Pakistan Ordinance No. XIII of 1962).]

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