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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 III

RECEIVING CENTRES AND VAGRANTS’ HOME

Provision of receiving centres
12. (1) The Government may provide and maintain together with the necessary furniture and establishment one or more receiving centres at such place or places as it thinks fit, or may certify by notification in the official Gazette, any existing charitable or other institution, subject to the prior consent of the controlling authority of such institution and on such conditions as may be mutually agreed upon between the Government and the said authority, to be a receiving centre for the purposes of this Act.
 
 
 
 
(2) For the purposes of this Act every receiving centre shall be under the immediate control of an officer-in-charge who shall be appointed by the Government and who shall perform his functions subject to the orders of the Controller.
 
 
 
 
(3) The Government shall also appoint for every receiving centre one or more suitably qualified persons as medical officers.
Provision of vagrants’ homes
13. (1) The Government may provide and maintain together with the necessary furniture, equipment and establishment, one or more vagrants' homes at such place or places as it thinks fit and such vagrants' homes may include provision for the teaching of agricultural, industrial or other pursuits and for the general education and medical care of the inmates.
 
 
(2) Every such vagrants' home shall be under the immediate charge of a Manager who shall be appointed by the Government and who shall perform his functions subject to the orders of the Controller.
 
 
 
 
(3) The Government may appoint in respect of a vagrants' home a suitably qualified person as medical officer and one or more suitably qualified persons as teachers.
Search of vagrants
14. Every officer-in-charge of a receiving centre or Manager of a vagrants' home may order that any vagrant detained in such receiving centre or vagrants' home shall be searched and that the personal effects of such vagrant shall be inspected and any money then found with or on the vagrant shall be applied in the manner prescribed towards the welfare of vagrants and any of such effects other than money may be sold in auction and the proceeds of the sale shall be applied as aforesaid:
 
 
 
 
Provided that a female vagrant shall be searched by a female only and with due regard to decency.
Management and discipline
15. (1) Vagrants detained in receiving centres or vagrants' homes under this Act shall be subject to such rules of management and discipline as may from time to time be prescribed.
 
 
 
 
Explanation.- Discipline includes the enforcement of the doing of manual or other work by a vagrant.
 
 
 
 
(2) If any vagrant wilfully disobeys or neglects to comply with any rule referred to in sub-section (1) he shall on conviction before a Magistrate be liable to be punished with rigorous imprisonment for a term which may extend to three months.
 
 
 
 
(3) The Government may authorise the Manager of a vagrants' home to punish any vagrant detained in such vagrants' home who wilfully disobeys or neglects to comply with any rule referred to in sub-section (1) with hard labour of the type prescribed for any period not exceeding seven days; and such punishment may be in lieu of or in addition to any punishment to which the vagrant may be liable under sub-section (2).
Transfer of vagrants from one vagrants’ home to another
16. The Controller may by order in writing direct the transfer of a vagrant from one vagrants' home to another and a vagrant in respect of whom such an order is passed shall thereupon be sent in the manner prescribed to, and handed over to the custody of, the Manager of the vagrants' home to which he has by such order been transferred.
Outside employment to be obtained for vagrants when possible
17. The Manager of a vagrants' home shall use his best endeavours to obtain outside the vagrants' home suitable employment for vagrants detained therein.
Discharge of vagrants from vagrants’ home
18. (1) A vagrant may be discharged from a vagrants' home under orders of the Controller,-
 
 
 
 
(a) on the Manager of such vagrants' home certifying in the prescribed manner that satisfactory employment has been obtained for such vagrant;
 
 
 
 
(b) on its being shown to the satisfaction of the Controller that such vagrant has become possessed of an income sufficient to enable him to support himself without resorting to vagrancy;
 
 
 
 
(c) on a relative of such vagrant, or a person who the Controller is satisfied is interested in the welfare of such vagrant, entering into a bond with or without sureties for a sum prescribed, to look after and maintain such vagrant and to prevent him from resorting to vagrancy;
 
 
 
 
(d) for other good and sufficient reasons to be recorded by the Controller in writing.
 
 
 
 
(2) When the employment referred to in clause (a) of sub-section (1) has been obtained for a vagrant, any such vagrant refusing or neglecting to avail himself thereof shall be liable to be punished on conviction before a Magistrate, with rigorous imprisonment for a term which may extend to one month.
 
 

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Ministry of Law, Justice and Parliamentary Affairs