The M.P. Poor-Houses Rules, 1962
Published vide Notification No. 119-U-18, dated 15-9-1962, M.P. Gazette, Part 2, dated 28-9-1962 at pp. 531-533
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- Title.- These rules may be called the Madhya Pradesh Poor-Houses Rules, 1962.
- Definitions.- In these rules, unless the context otherwise requires-
(a) "Act" means the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961);
(b) "Byelaws" means byelaws made by a Municipal Council under the Act:
(c) "Executive Committee" means the Public Health Committee constituted under Section 71 of the Act;
(d) "Form" means form appended to these rules;
(e) "Medical Officer" means the medical officer of a poor-house:
(f) "Poor-house" means an institution for persons who may be committed to it under Section 388 of the Act and for persons who voluntarily seek admission to it under Rule 12;
(g) "Superintendent" means the person in charge of a poor-house.
- Executive Committee.- The Public Health Committee constituted in accordance with the provision of Section 71 of the Act and the rules made thereunder shall be incharge of a poor-house. If no such committee is constituted, a separate Executive Committee shall be appointed by a Municipal Council in accordance with the rules made under sub-section (2) of Section 71 of the Act.
- Officials of poor-house.- (1) Subject to the rules framed by the State Government under Section 95 of the Act a Municipal Council shall appoint for every poor-house a Superintendent, a Medical Officer and such other officials as it deems necessary for the purpose of a poor-house.
(2) The Superintendent the Medical Officer and other officials of a poor-house shall act in subordination to the Executive Committee and the officials other than the Medical Officer shall act in immediate subordination to the Superintendent.
- Management of a poor-house.- (1) The Superintendent shall be responsible for the general management of a poor-house and for the maintenance of discipline and control over its inmates and the staff. If there are more than twenty-five women beggars among the inmates of a poor-house, the Superintendent shall have a woman assistant.
(2) The Superintendent shall carry out his duties under the general supervision and direction of the Executive Committee and shall be ex-officio Secretary thereof.
- Division of poor-house into sections.- A poor-house shall be divided into as many sections as a Municipal Council may determine by byelaws :
Provided always that male and female beggars shall be kept in separate sections.
- Preliminary action where a beggar is brought to a poor-house.- The Superintendent shall maintain a custody reception book in Form A in which he shall make entries in respect of each beggar admitted to the poor-house. The entries to be made by him shall be in duplicate, one copy of which shall remain in the records of the poor-house and the other shall be sent to the police station within the jurisdiction of which the poor-house is situate along with the papers referred to in Rule 11. Any person who brings a beggar to the poor-house shall also be given a copy of the entries referred to above.
- Procedure on admission.- The Superintendent shall cause every beggar on admission to a poor-house to be searched, a female beggar being searched only by a woman. Such search shall be made in the presence of at least two witneseses, female beggars being searched in the presence of female witness. All money and other articles found on the beggar shall be removed and kept in the custody of the poor-house. The Superintendent shall cause to be prepared in Form B a list of money and the articles found with the beggar. The list so prepared shall be submitted by him without delay to the Executive Committee for information, a copy thereof being sent to the nearest police station. Such articles as are in the opinion of the Superintendent not fit to be retained shall then be disposed of by him in such manner as he thinks fit. The Superintendent shall hand over the money and the remaining articles to the beggar on his discharge from the poor-house.
- Medical examination.- (1) A beggar on admission to a poor-house shall be examined by the medical officer who shall make a report to the Superintendent in Form C. On receipt of the report the Superintendent shall place the beggar in the appropriate section.
(2) Every beggar admitted into a poor-house shall be examined by the Medical Officer at such intervals as the Executive Committee may, by general or special order, direct.
- Admission register.- The Superintendent shall maintain a register in Form D in which he shall make entries in respect of every beggar admitted to the poor-house.
- History-sheet, etc.- The Superintendent shall question every beggar on admission into a poor-house and obtain such information about him as he can and prepare his history-sheet. A copy of the history-sheet so prepared shall be made over by him to the police station within the Jurisdiction of which the poor-house is situate.
- Beggars seeking voluntarily admission.- (1) Where a beggar offers himself voluntarily for admission into a poor- house, the Superintendent shall submit his case to the executive committee for orders. Pending orders the Superintendent may make such arrangements as he considers necessary for the upkeep of the beggar in the poor-house.
(2) Beggars who offer themselves voluntarily for admission into a poor-house shall be admitted in accordance with such provisions as may be made in the byelaws. In other respects such beggars shall be subject to the provisions of these rules.
- Diet, clothing and bedding.- The Superintendent shall supply every beggar with such adequate food, clothing and bedding as may be prescribed by the Execution Committee.
- Conduct of beggars in a poor-house and punishment for breach.- (1) Beggars in a poor-house shall-
(a) behave in a respectful manner towards all officials of the poor-house;
(b) abstain from disorderly conduct and bad language;
(c) not quarrel with any fellow inmates;
(d) treat with care the property of the poor-house;
(e) be diligent in their work: and
(f) generally abide by the orders and byelaws governing the administration and discipline of the poor-house.
(2) Breaches of this rule shall be punished by the Superintendent with (a) warning, and (b) forfeiture of privileges for a period not exceeding three months, subject to any general or special directions of the Executive Committee.
All orders of punishment shall be entered in a register kept for the purpose which shall be submitted regularly for information of the Executive Committee.
- Conduct of prosecution.- A prosecution under Section 288 of the Act shall be conducted by the police or by a Municipal Council in accordance with the provisions of Section 313 of the Act.
- Beggars under trial.- If any beggar accused of an offence under Section 288 of the Act is directed by the Court under sub-section (6) of that section to be detained in a poor-house until and during the trial, the Superintendent shall receive him into the poor-house and treat him as a beggar admitted in the poor-house.
- Report to be made to police station in certain cases.- If a beggar ordered by a magistrate to be detained in the poor-house leaves, the poor-house before expiry of the period for which he was committed or before his discharge under Rule 20, the Superintendent shall immediately report the matter to the police station within the jurisdiction of which the poor-house is situated.
- Term of detention under Section 288 of the Act.- The term of detention to be prescribed under sub-section (2) of Section 288 of the Act shall be a period not exceeding two years.
- Revision Board.- For every poor-house there shall be constituted a revision board consisting of the following members :-
(a) The District Magistrate.
(b) The President of the Municipal Council.
(c) The social worker nominated by the District Magistrate.
(d) A nominee of the Executive Committee.
- Function of Revision Board.- (1) The revision board shall meet at least once every three months and shall examine the case of each inmate of the poor-house :
Provided that it shall not examine the case of an inmate who has not been in the poor-house for at least three months.
(2) Two members of the Board shall form a quorum of such meetings.
(3) If on examination the revision board is satisfied that the beggar (i) has developed a will to work, or (ii) has formed means of livelihood other than begging and that there are in general circumstances justifying his discharge from the poor-house, it shall, by an order in writing, direct his discharge from the poor-house and Superintendent shall discharge him accordingly.
- Issue of instructions, etc.- The executive committee may, from time to time, prescribe such forms for the maintenance of accounts and other matters, and issue such instructions consistent with the Act, these rules and byelaws, as it deems necessary for the proper administration of the poor-house.
Part II
- Application for approval of poor-house.- (1) Any person or a society registered under the Societies Registration Act, 1860 (XXI of 1860) may make an application to the State Government for approval, under Section 288 of the Act, of a poor-house maintained by such person or society.
(2) The State Government on receiving the application may require the applicant to furnish within a time to be specified by it, such information as it may deem necessary.
- Application of Part I to poor-house on application under Rule 22.- (1) On receipt of the information, if any, the State Government may give its approval or refuse it.
(2) If the State Government gives its approval to a poor-house it may direct, by order in writing, that the provisions of Part I shall, with effect from such date as may be specified, apply to the poor-house in respect of which the application was made, subject to such modification and adaptations as it may think fit. The compliance of such provisions by the poor-house shall be a condition of the continuance of the approval.
Form 'A'
[See Rule 7]
Form of Custody Reception Book
No.........................
Book No........
(1) Full name of beggar................................................
(2) Sex and age.............................................................................
(3) Married or single or widow/widower..................................
(4) Previous occupation, if any..........................................
(5) Caste and religion...................................................
(6) Place of birth.......................................................
(7) Place of residence...................................................
I, ................. resident of caste..........religion......................occupation..................., hereby request the Superintendent of......................poor-house to admit the beggar, whose particulars are given above, to the poor-house. The reasons or circumstances in which I request are-
(Signature and address of the person who has brought the beggar poor-house).
Admitted subject to the order of the Executive Committee.
Superintendent
Form 'B'
[See Rule 8]
List of money and other articles of the beggar
- Full name of the beggar...............................................
- Money.................................................................
- Clothing..............................................................
- Other articles........................................................
Superintendent
Submitted to the Executive Committee for information. The following articles were quite unfit to be retained and have been destroyed.
Superintendent
Particulars of the manner in which the articles were disposed of.
Superintendent
Form 'C'
[See Rule 9]
Form of Medical Officer's Report
No...........:.......
- Full name of beggar.........................................................
- Sex and age.................................................................
- Caste and religion..........................................................
I have examined the above described beggar and I find that I recommend that he/she should be placed in ..............section and allotted the following work :-
Medical Officer
Forwarded to the Superintendent for necessary action.
Medical Officer
Form 'D'
[See Rule 10]
Form of Admission Register
No................
Book No..................
- Full name of beggar................................................................................
- Sex and age..........................................................................................
- Married or single or widow/widower...................................................................
- Caste and religion.........................................................................................................
- Place of birth.......................................................................................
- Place of residence...................................................................................
- Admitted to the poor-house under order (particulars of).... S. State of health as reported by Medical Officer........................................................
- Section to which allotted............................................................................
- Remarks, if any...............................................
Dated.............
Superintendent