Vagrancy (Capital of the Federation) Act, 1950

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THE VAGRANCY (KARACHI DIVISION) ACT, 1950 
1ACT No. LXXIV of 1950 
[23rd October, 1950] 
An Act to provide for dealing with vagrancy in the 2[Karachi Division] 
WHEREAS it is expedient to provide for dealing with vag rancy in the 2[Karachi 
Division]; 
It is hereby enacted as follows:___  
1. Short title , extent and commencement. ___ (1) This Act may be called the 
Vagrancy 2[Karachi Division] Act, 1950. 
(2) It extends to the 2[Karachi Division]. 
(3) It shall come into force on such day 3 as the 4[Federal Government] may, by 
notification in the official Gazette, appoint. 
 2. Definitions.  In this Act, unless there is anything repug nant in the subject or 
context,___  
(1) “Child” means a person who has not completed his fourteenth year and is neither a 
contagious leper nor a lunatic; 
(2) “Old, disabled or infirm” means and includes a person who by reason of age, 
disease, affliction, or physical or    
 
1 For Statement of Objects and Reasons, see Gaz. of P.,1950, Pt. V, p. 283. 
2 Subs. by A. O.,1964, Art. 2 and Sch., for “Federal Territory of Karachi” which had been subs. by the Repealing and Amending Ordinance, 
1961 (1 of 1961), s. 3 and 2nd Sch., for “Capital of the Federation”.  
3 The 15th February 1951, see Gaz. of P., Ext.,1951, p. 43. 
4 Subs. by F.A.O. 1975, Art. 2 and Table for “Central Government”
 
mental defect is , in the opinion of the Court, not capable of earning his livelihood and is 
neither a contagious leper nor a lunatic; 
(3) “Poor House” means a house or institution for the detention and maintenance of 
vagrants who are child ren or old, disabled and infirm persons, and set up for the purpose by 
the 1[Federal Government] or any private person or persons; 
(4) “Prescribed” means prescribed by rules made under this Act; 
(5) “Public place” includes a railway train or any motor vehicle or carriage; 
(6) “Special Magistrate” means a Magistrate empowered under section 3; 
(7) “Vagrant” means a person of any age or either sex who___  
(a)  solicits or receives alms in a public place; 
(b)  enters on any private premises w ithout the per mission of the occupier for the 
purpose of soliciting or receiving alms 
(c)  exposes or exhibits with the object of obtaining alms any sore, wound, injury, 
deformity or disease; 
(d)  has no ostensible means of subsistence or no fixed abode  and is or remains in 
any public place in such condition or manner as makes it likely that he lives by 
soliciting or receiving alms; or 
(e)  allows himself to be exhibited for the purpose of soliciting or receiving alms;  
but does not include a person who____  
(i)  solicits or receives alms in any place of Hindu worship, or 
 
1 Subs. by F.A.O. 1975, Art. 2 and Table for “Central Government”. 
(ii)  solicits or receives money, food or gifts in accor dance with any religious 
usage or for a purpose authorised b y any law or authorised in the pre scribed 
manner by the 1[Provincial Government]: 
Provided that on the application of the trustee or trustees of any place 
of Hindu worship, the 1[Provincial Government] may, in the manner 
prescribed, direct that "vagrant" shall include a person who solicits or receives 
alms in such place. 
 
3. Special Magistrate.  The 1[Provincial Government] may empower any Magis trate 
of the First Class as a Special Magistrate for the purposes of this Act. 
4. Power of arrest. ___ (1) Any police officer authorised in this behalf in pursuance of 
a direction of the 1[Provincial Government] may arrest without warrant any person who 
appears to him to be a vagrant: 
Provided that no such person shall be so arrested if he furnishes bail for appearanc e 
before the Special Magistrate. 
(2) The police officer making the arrest shall, without unnecessary delay, take or send 
the person so arrested to a Special Magistrate. 
(3) The provisions of section 61 of the Code of Criminal Procedure, 1898  (V of 
1898), shall apply to every person arrested under this section and the custody in which he 
may be detained until he is brought before the Special Magistrate shall be such as may be 
prescribed. 
 
1 Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”. 
5. Declaration of persons as vagrants. ___ (1) When a person is brought before a 
Special Magistrate under section 4, the Special Magistrate shall make a summary inquiry into 
the circumstances and character of such person. 
(2) If the enquiry referred to in sub -section (1), cannot be completed forthwith, the 
Special Magistrate may adjourn it from time to time and order the person to be remanded for 
not longer than 7 days at a time to such place and custody as may be prescribed. 
(3) If on completing an inquiry und er this section, the Special Magistrate is not 
satisfied that such person is a vagrant, he shall order him to be released forthwith. 
(4) If on completing the inquiry the Magistrate is satisfied that such person is a 
vagrant, he shall make a declaration to that effect and shall further inquire whether the said 
vagrant is a child, or an old, disabled or infirm person within the meaning of this Act. 
6. Detention of vagrants. ___ (1) A person declared a vagrant under the preceding 
section shall, if upon the furt her enquiry required by sub -section (4) of that section he is 
found to be neither a child nor an old, disabled or infirm person, be liable to be ordered to be 
detained. 
(2) Such detention may, upon a first declaration of vag rancy, extend to a period not 
exceeding one month, and upon any subsequent declaration to a period not exceeding six 
months. 
(3) So long as there remains in force in respect of any person an order under this 
section directing that he be detained, he shall be liable to be detained in suc h place and under 
such conditions, including conditions as to maintenance, discipline and punishment of 
offences and breaches of discipline as the 1[Provincial Government] may from time to time 
specify, and discipline shall include the imposition of manual  and such other work as may be 
prescribed.. 
 
1 Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government”. 
7. Detention in the Poor House.___ (1) Any person declared a vagrant under section 5 
and found in the further enquiry required by sub -section (4) of that section to be a child or an 
old, disabled or infirm person, shall be so certified by the Special Magistrate and be ordered 
to be detained in a Poor House. 
(2) Any person ordered to be detained under this section shall be sent under police 
custody to a Poor House, along with the said certificate of which a copy shall be sent to the 
1[Provincial Government], and there detained until he is discharged in accord ance with the 
provisions of section 11. 
8. Dependent children.  When in respect of any vagr ant a certificate has been issued 
under sub-section (1) of section 7 and there is any child, being a child within the meaning of 
this Act, dependent on him, the Special Magistrate may direct that such child may also be 
sent to the Poor House. 
9. Externment of vagrant. ____ (1) If in the course of the further inquiry required by 
sub-section (4) of section 5 it appears to the Special Magistrate that the person declared a 
vagrant under that section belongs to any territory outside the 2[Karachi Division], he m ay, 
instead of proceeding under section 6 or section 7, by order in writing direct the vagrant to 
leave the 2[Karachi Division] with such children dependent on him as may be named in the 
order and within such time and by such route as may be stated in the order and not to return 
thither without his permission in writing. 
(2) When a vagrant against whom an order has been made under sub -section (1) 
fails to comply with such order or returns to the 3[Division] without the permission in 
writing of the Special M agistrate, he may be arrested without warrant by any police officer 
and shall be liable, on conviction before a Magistrate ,  
 
1 Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”. 
2 Subs. ibid for “Federal Territory of Karachi” which had been s ubs. by the Repealing and Amending Ordinance, 1961 (1 if 1961), s. 3 and 
2nd Sch., for “Capital of the Federation”. 
3 Subs. ibid., for “Territory” which had been subs. by the Repealing and Amending Ordinance 1961 (1 of 1961,) s. 3 and 2nd Sch., for 
“Capital”.
to be punished with rigorous imprisonment for a term which may extend to one year. 
 
(3) Nothing in sub -section (2) shall be construed as ren dering any child liable to be 
proceeded against thereunder. 
 
10. Conduct and discipline.  A vagrant detained in the Poor House under this Act 
shall be subject to such rules of conduct and discipline including the imposition of manual 
and such other work as may be in keeping with his general state of health and as may be 
prescribed. 
11. Discharge from Poor House. ___ (1) A vagrant may be discharged from the Poor 
House under the written order of the Special Magistrate____  
(a)  if he is satisfied that satisfactory employment has been obtained for the 
vagrant; or 
(b)  that the vagrant has become possessed of an in come s ufficient to support 
himself without resort to vagrancy; 
(c)  on a relative of the vagrant, or a person in respect of whom the Magistrate is 
satisfied that he is interested in the welfare of the vagrant, entering into a bond 
with or without sureties in suc h sum as may be prescribed, to look after and 
maintain the vagrant and to prevent him from resorting to vagrancy; 
(d)  for other good and sufficient reasons to be re corded by the Special Magistrate 
in writing. 
(2) When the employment referred to in clause  (a) of sub section (1) is obtained 
for a vagrant detained in a Poor House, or discharged from a Poor House in order to 
take up that em ployment, a vagrant refusing or wilfully neglecting to take up the same 
shall be liable to be punished on conviction  
before a Magistrate with rigorous imprisonment for a term which may extend to six months. 
12. Punishment for employin g or causing persons to solicit  or receive alms.  
Whoever employs or causes any person to solicit or receive alms, or abets the employment or  
the causing of a person to solicit or receive alms, or exhibits a person for the purpose of 
soliciting or receiving alms or whoever  having the custody, charge, or care of a child, 
connives at or encourages the employ ment or the causing of the child to so licit or receive 
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. 
13. Punishment for escape from custody.  Any vagrant who escapes from any 
custody or deten tion to which he has been committed under this Act or any rules made 
thereunder may be arrested without warrant and shall for any such o ffence be liable to be 
punished on conviction before a Magistrate with rigorous imprisonment for a term which 
may extend to one year. 
14. Prosecution for escape.  No prosecution for an offence under section 13 shall be 
commenced except by, or with the permission of, such officer as may be authorised in this 
behalf by the 1[Provincial Government]. 
15. Procedure at end of imprisonment for escape.  Every person imprisoned under 
the provisions of section 13 shall at the end of his term of imprisonment be sent back, under 
police custody, to the custody or detention from which he escaped, and there kept for the 
purpose for which he was entrusted to that custody or detention before his escape. 
16. Indemnity.  No suit, prosecution or other legal proceeding shall lie against any 
person for anything which is in good faith done or intended to be done under this Act or the 
rules made thereunder. 
 
1 Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”. 
17. Appeal. Notwithstanding anything in any other law for the time being in force an 
appeal shall lie to the District Magistrate from any conviction or order of det ention under this 
Act, and the order of the District Magistrate in appeal shall be final. 
18. Rules.___ (1) The 1[Provincial Government] may make rules 2 for carrying out the 
purposes of this Act. 
(2) Without prejudice to the generality of the foregoing pow er such rules may provide 
for the conduct and inspection of Poor Houses and the maintenance of persons detained 
therein. 
19. Delegation of powers.  The 1[Provincial Government] may, by notification in the 
official Gazette, direct that any power or duty conf erred or imposed upon it by or under this 
Act, or any document required by or under this Act to be submitted to it shall be exercised or 
performed or submitted to, as the case may be, such officer sub ordinate to it as may be 
specified in the direction. 
 
 
______  
 
 
 
 
1 Subs. by A.O. 1964. Art. 2 and Sch. For “Central Government”. 
2 For the Vagrancy (Capital of the Federation) Rules, 1951, see Gaz. Of P. Ext., 1951, p. 43.