Penalties for breach. of rules.

Arrest of registered person found be

yond

limits,

(8) the inspection of the residences and villages of any such tribe, gang, or class, and the prevention or removal of contrivances for enabling the residents therein to conceal stolen property, or to leave their place of residence without. leave;

(9) the terms upon which registered persons may be discharged from the operation of this Act;

(10) the mode in which criminal tribes shall be settled and removed;

(11) the control 'and supervision of reformatory settlements;

(12) the works on which, and the hours during which persons placed in a reformatory settlement, shall be employed, the rates at which they shall be paid, and the disposal, for the benefit of such persons, of the surplus proceeds of their labour after defraying the whole or such part of the expenses of their supervision and control as to the local Government shall seem fit;

(13) the discipline to which persons endeavouring to escape from any such settlement, or otherwise offending against the rules for the time being in force, shall be submitted; the periodical' visitation of such settlement, and the removal from it of such persons as it shall seem expedient to remove;

(14) and generally to carry out the purposes of this Act.

XIX. Any person violating any of the rules made under Section 18 shall be punished with rigorous imprisonment for a term which may extend to six months, or with fine, or with whipping, or with all or any two of those punishments; and, on any second conviction for a breach of any of the said rules, with rigorous imprisonment which may extend to one year, or with fine, or with whipping to be inflicted in the manner prescribed by any law in force for the time being in relation to whipping, or with all or any two of those punishments.

XX. Any person registered under the provisions of this prescribed Act, who is found in any part of British India beyond the limits so prescribed for his residence, without such pass as

may be required by the said rules, or in a place or at a time not permitted by the conditions of his pass,

or who escapes from a reformatory settlement,

may be arrested without warrant by any police officer or village-watchman, and taken before a magistrate, who, on proof of the facts, shall order him to be removed to the district in which he ought to have resided, or to the reformatory settlement from which he has escaped (as the case may be), there to be dealt with according to the rules, under this Act for the time being in force.

The rules for the time being in force for the transmission of prisoners shall apply to all persons removed under this section provided that an order from the local Government or from the inspector-general of prisons shall not be necessary for the removal of such persons.

XXI. It shall be the duty of every village-headman and village-watchman in a village in which any persons belonging to a tribe, class, or gang which has been declared criminal reside, and of every owner or occupier of land on which any such persons reside, to give the earliest information in his power at the nearest police station of

(1) the failure of any such person to appear and give information, as directed in Section 8 ;

(2) the departure of any such person from such village, or from such land (as the case may be).

And it shall be the duty of every village-headman and village-watchman in a village, and of every owner or occupier of land, to give the earliest information in his power at the nearest police station of the arrival at such village or on such land (as the case may be) of any persons who may reasonably be suspected of belonging to any such tribe, class, or gang.

Village headmen and

others bound to give information.

XXII. Any village-headman, village-watchman, owner Penalty on failing to or occupier of land, who shall fail to comply with the re- give information. quirements of Section 21, shall be deemed to have com

mitted an offence under the first part of Section 176 of the Indian Penal Code. .

XXIII. All magistrates and other persons are hereby In lemnity for acting indemnified for anything heretofore done under the Circular

Order 18 of 1856 of the judicial commissioner of the

under Circular Order 18 of 1856 of Judicial Com

missioner of the Punjab, or under any orders of the local Governments of Punjab. the North-Western Provinces or Oudh relating to the registration cr detention of tribes regarded by such local Governments as criminal tribes; and no suit or other proceeding shall be maintained against any such magistrate or other person in respect of anything so done.

Registers of eunuchs

PART II.
EUNUCHS.

XXIV. The local Government shall cause the following and their property. registers to be made and kept up by such officer as, from to time, it appoints in this behalf:

'Eunuch defined.

Complaints of entries in register.

Penalty on registered

eunuch appearing

(a) a register of the names and residences of all eunuchs residing in any town or place to which the local Government specially extends this Part of this Act, who are reasonably suspected of kidnapping or castrating children, or of committing offences under Section 377 of the Indian Penal Code, or of abetting the commission of any of the said offences; and

(b) a register of the property of such of the said eunuchs as, under the provisions hereinafter contained, are required to furnish information as to their property.

The term eunuch' shali for the purposes of this Act, be deemed to include all persons of the male sex who admit themselves, or on medical inspection clearly appear to be impotent.

XXV. Any person deeming himself aggrieved by any entry made or proposed to be made in such register, either when the register is first made or subsequently, may complain to the said officer, who shall enter such person's name or erase it, or retain it, as he sees fit.

Every order for erasure of such person's name shall state the grounds on which such person's name is erased.

The commissioner shall have power to review any order passed by such officer on such complaint, either on appeal by the complainant or otherwise.

XXVI. Any eunuch so registered, who appears dressed or in female clothes; ornamented like a woman, in a public street or place, or in public, or for hire. any other place with the intention of being seen from a

or

dancing in

public street or place,

or who dances or plays music or takes part in any public exhibition in a public street or place or for hire in a private house,

may be arrested without warrant, and shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Penalty on registered eunuch keeping boy under sixteen.

XXVII. Any eunuch so registered who has in his charge or keeps in the house in which he resides, or under his con. trol, any boy who has not completed the age of sixteen years, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both. XXVIII. The magistrate may direct that any such boy Powers to order reshall be returned to his parents or guardians if they can be discovered. If they cannot be discovered, the magistrate may make such arrangements as he thinks necessary for the maintenance and education of such boy, and may direct that the whole or any part of a fine inflicted under Section 27 may be employed in defraying the cost of such arrangements.

The local Government may direct out of what local or municipal fund so much of the cost of such arrangements as is not met by the fine imposed, shall be defrayed.

XXIX. No eunuch so registered shall be capable(a) of being or acting as guardian to any minor, (b) of making a gift,

(c) of making a will, or

(d) of adopting a son.

turn of such boys found in the house of an eunuch to their parents, or otherwise to provide for them.

Disabilities of gistered eunuchs.

Power

re

to require

information as to registered eunuch's property.

such information.

XXX. Any officer authorized by the local Government in this behalf may, from time to time, require any eunuch so registered to furnish information as to all property, whether movable or immovable, of or to which he is possessed or entitled, or which is held in trust for him. Any such eunuch intentionally omitting to furnish such Penalty for refusing information, or furnishing, as true, information on the subject which he knows or has reason to believe to be false, shall be deemed to have committed an offence under Section 176 or 177 of the Indian Penal Code, as the case may be. XXXI. The local Government may, with the previous sanction of the Governor-General in Council, make rules for the making and keeping up and charge of registers made under this Part of the Act.

Rules for making and keeping up registers of eunuchs,

Preamble.

Amendment of Act
XXI. of 1869.

A. D. 1871. ACT XXVIII.

AN ACT to amend the European Vagrancy Act, 1869.
Passed on the 19th October 1871.

WHEREAS it is expedient to amend the European Vagrancy Act, No. XXI. of 1869; it is hereby enacted as follows:I. After Section 31, the following section be shall read: "31A. When any person of European extraction lands mals in charge of in India, being or having been during his passage to India Europeans arriving in charge of, or in attendance upon any animal, and becomes chargeable to the state as a vagrant within one year after

Liability of consignee

or agent of ani

in India and be coming vagrants.

Commencement.

Construction.

his arrival in India, then

the consignee of such animal,

or the agents in India for the sale of such animal,

or, if such consignee or agent cannot be found,

the agent to whom the ship in which such animal arrived in India was consigned,

shall be liable to pay to the Government the cost of such person's removal under this Act, and all other charges incurred by the state in consequence of his becoming a vagrant.

Any such consignee or agent shall be entitled to charge the consigner or principal for any payment to the Government under this section.

6

For the purposes of this section, consignee' inciudes any person who undertakes to dispose of such animal for the benefit of the consigner.

'Agent' includes any person who undertakes the agency of such ship, though it may not have been consigned to him." II. This Act shall come into force as against any agent to whom any such ship may have been consigned, on the first day of January 1872;

as against all other persons, on the passing thereof.

III. This Act shall be read with, and taken as part of the European Vagrancy Act, 1869.