Act Description : ANDHRA PRADESH BORSTAL SCHOOLS ACT, 1925

Act Details :

 

ANDHRA PRADESH BORSTAL SCHOOLS ACT, 1925

 

5 of 1926 

20th July, 1926

 

An Act to make provision for the establishment and regulation of Borstal school for the detention and training of adolescent offenders. Preamble:- WHEREAS it is expedient to make provision for the establishment and regulation of Borstal schools in the {State of Andhra Pradesh} for the detention and training of adolescent offenders therein ; and whereas the previous sanction of the Governor General under section 80-A of the Government of India Act has been obtained to the passing of this Act ; It is hereby enacted as follows

 

PART 1 Preliminary

 

Section 1 Short title

 

 

(1) This Act may be called {the Andhra Pradesh Borstal Schools Act, 1925.}

 

(2) The State Government may, by notification, from time to time, apply the whole or any of the provisions of this Act to adolescent offenders or any class thereof in any local area in the {State of Andhra Pradesh}, from such date as may be specified in the notification and may cancel or modify such notification.

Section 2 Definitions

 

In this Act, unless there is anything repugnant in the subject or context-

(1) "Adolescent offender" means any person who has been convicted of any offence punishable with imprisonment or who having been ordered to give security {under section 106 or section 118} of the Code of Criminal Procedure has failed to do so and who at the time of such conviction or failure to give security is not less than 16 and not more than 21 years of age ;

 

(2) "Borstal school" is a corrective institution wherein adolescent offenders, whilst detained in pursuance of this Act, are given such industrial training and other instruction and are subjected to such disciplinary and moral influences as will conduce to their reformation and the prevention of crime ;

 

(3) "Inspector-General" shall mean the Inspector-General of Prisons and shall include any officer appointed by the State Government to perform all or any of the duties imposed by this Act on the Inspector-General ;

 

{(3-A) "prescribed" means prescribed by rules made under this Act};

Section 3 Establishment of Borstal schools

 

(1) For the purposes of this Act, the State Government may establish one or more Borstal schools.

 

(2) For every Borstal school a Visiting Committee shall be appointed by the State Government.

Section 4 Rules

 

(1) The State Government may {after previous publication} make rules for the purpose of carrying into effect the provisions of this Act.

 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may be made with regard to -

 

{(a) the appointment, powers and duties of officials in such schools ;

{(b) the { x x x } treatment, maintenance, education, industrial training and control of the inmates ;

{(c) the grant of permission to the inmates to absent themselves for short periods ;

(d) visits to and communications with the inmates { x x x };

(e) the temporary detention of adolescent offenders until arrangements can be made for sending them to Borstal schools ;

{(f) the powers and duties of probation officers under this Act;

{(g) the constitution, procedure, powers and duties of the Investigating Committee.}

 

(3) All rules made under this Act { x x x } shall be published in the {Official Gazette} and on such publication shall have effect as if enacted in this Act.

Section 5

Application of the Prisons Act, 1894, and the Prisoners Act, 1900 :- Subject to any alterations, adaptations and exceptions made by this Act and the rules framed under it, the Prisons Act, 1894 and the Prisoners Act, 1900, and the rules framed thereunder shall apply in the case of every Borstal school established under this Act as if it were a prison and the inmates prisoners.

Section 6 Courts empowered under this Act

 

The powers conferred on Courts by this Act shall be exercised only by (a)the High Court, (b) a court of Session,(C) a District Magistrate,(d)a Sub-divisional Magistrate, {................} and

{(e)} any Magistrate of the first class or any bench of Magistrates constituted under section 15 of the Code of Criminal Procedure,1898 invested with the powers of a Magistrate of the first class specially empowered by the {State Government} in that behalf and may be exercised by such Courts whether the case comes before them originally, on appeal, or in revision .

Section 7 Procedure when Magistrate is not empowered to pass sentence under this Act

 

(1) When any Magistrate not empowered to pass sentence under this Act is of opinion that an adolescent offender is a proper person to be detained in a Borstal school he may, without passing sentence, record such opinion and submit his proceedings {and forward the adolescent offender

 

(a) {x x x};

(b) {x x x } to the District Magistrate or Subdivisional Magistrate to whom he is subordinate}.

 

(2) {The Magistrate to whom the proceedings are so submitted} may make such further inquiry (if any )as he may think fit and may pass such sentence or order dealing with the case as he might have passed if such adolescent offender had originally been tried by him.

PART 2 Committal to Borstal Schools

 

Section 8 Power of Court to pass sentence of detention in Borstal school

 

Where it appears to a Court having jurisdiction under this Act that an adolescent offender should, by reason of his criminal habits or tendencies, or association with persons of bad character, be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime, it shall be lawful for the Court, in lieu of passing a sentence of imprisonment, to pass a sentence of detention in a Borstal school for a term which shall not be less than two years and shall not exceed five years {but in no case extending beyond the date on which the adolescent offender will, in the opinion of the Court, attain the age of

twenty-three years.}

Provided that, before passing such sentence, the Court shall consider any report or representation which may be made to it {including any report or representation made by the probation officer of the area in which the offender permanently resided at the time when he committed the offence} as to the suitability of the case for treatment in a Borstal school and shall be satisfied that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to profit by such instruction and discipline as aforesaid.

Section 9 Limitation on powers conferred by Section 8

 

Any person detained in a Borstal school for failure to furnish security when ordered to do so {under section 106 or section 118} of the Code of Criminal Procedure, 1898, shall be released on furnishing such security or on the passing of an order under Section 124 of the code.

Section 10 Power of Inspector-General to transfer prisoners to Borstal school

 

The Inspector-General may, subject to rules made by the State Government, if satisfied that any adolescent offender undergoing imprisonment in consequence of a sentence passed either before or after the passing of this Act might with advantage be detained in a Borstal school, direct that such person shall be transferred from prison to Borstal school, there to serve the whole or any part of the unexpired residue of his sentence. The provisions of this Act shall thereupon apply to such person as if he had been originally sentenced to detention in a Borstal school.

Section 10A Power of State Government to transfer

offenders sentenced to transportation to Borstal schools

 

(1)The State Government may, if satisfied that any offender who has been sentenced to transportation either before or after the passing of the {Madras Borstal Schools (Amendment) Act, 1939} and who at the time of conviction was not less than 16 and not more than 21 years of age, might with advantage be detained in a Borstal school, direct that such offender shall be transferred to a Borstal school, there to serve the whole or any part of the unexpired residue of his sentence. The provisions of this Act shall apply to such offender as if he had been originally sentenced to detention in a Borstal school.

 

(2) Notwithstanding anything contained in Section 8, the term of detention of an offender who is transferred to the Borstal School under Sub-Section(1) shall be for a minimum period of two years .

Section 11 Preliminary inquiry and finding as to age of adolescent offender

 

(1) Before passing a sentence under section 8, the Court shall inquire into the age of the offender and, after taking such evidence (if any) as may be deemed necessary, shall record a finding thereon stating his age as nearly as may be.

 

(2) A similar inquiry shall be made and finding recorded by every magistrate not empowered to pass sentence under section 8 before submitting his proceedings and forwarding an adolescent offender {to{xxxx} the District or Sub-divisional Magistrate} as required by sub-section (1) of section 7.

Section 12 Government to determine the Borstal school to

which adolescent offender shall be sent

 

Every adolescent offender directed by a Court to be sent to a Borstal school shall be sent to such Borstal school as the State Government may, by general or special order, appoint for the reception of adolescent offenders as dealt with by such Court ;

Provided that if accommodation in a Borstal school is not immediately available for such adolescent offender, he may be detained in a special ward or such other suitable part of a prison as the State Government may direct until he can be sent to a Borstal school. The period of detention so undergone shall be treated as detention in a Borstal school.

Section 13 Removal from one school to another

 

The Inspector-General may at any time order an inmate to be removed from one Borstal school to another, provided that the whole period of his detention in a Borstal school shall not be increased by such removal.

Section 13A Reception of offenders from and transfer of offenders to, other States in India

 

(1) The State Government may, by general or special order notified in the {Andhra Pradesh Gazette}, direct that any specified Borstal school in this State shall be available for the reception of adolescent offenders in respect of whom a sentence of detention in a Borstal school or other school of a like nature has been passed by any court or magistrate in 4{any other part of India}; and thereupon, provision may be made for the removal of the adolescent offenders concerned accordingly:

 

Provided that no such order shall be made without the consent of the Government of the other State concerned.

 

(2) The State Government may direct any inmate of a Borstal school in this State to be transferred to any Borstal school or other school of a like nature in {any other part of India};

 

Provided that no such transfer shall be made without the consent of the Government of the other State concerned.

 

(3) The State Government may consent to the transfer to a Borstal school in this State, of a person detained in any Borstal school or other school of a like nature in {any other part of India};

 

(4) The provisions of this Act shall apply to any person who is removed or transferred to a Borstal school in this State in pursuance of sub-section (1) or sub-section (3), as if he had been originally sentenced to detention in a Borstal school in this State.}

Section 14 Transfer of incorrigibles, etc. to prisons

 

Where a person detained in a Borstal school is reported to the State Government by the {Superintendent} of such school to be incorrigible or to be exercising a bad influence on the other inmates of the school {or in the case of a person directed to be sent to a Borstal school before the commencement of the Madras Borstal schools (Amendment) Act, 1936, to be over twenty-three years of age}, the State Government may commute the unexpired residue of the term of detention to such term of imprisonment of either description as the State Government may determine, but in no case exceeding-

(a) such unexpired residue, or

 

(b) the maximum period of imprisonment fixed for the offence or the failure to give security, as the case may be, or

 

(c) the maximum period of imprisonment which the Court that tried him had authority to award under the Code of Criminal Procedure, 1898 whichever is shortest.

PART 3 Release on licence

 

Section 15 Power to release on licence

 

(1) Subject to the prescribed conditions, the Inspector-General may, on the recommendation of the Visiting Committee, at any time, after the expiration of six months from the commencement of the detention of an offender in a Borstal school, if he is satisfied that there is a reasonable probability that the offender will abstain from crime and lead a useful and industrious life, discharge him from the Borstal school and grant him a written licence, permitting him to live under the supervision and authority of such-

 

(a) officer of the State Government ;

(b) secular institution;

(c) religious society ; or

(d) responsible person; as may be approved by the Inspector-General and willing to take charge of the offender.

 

(2) The Inspector-General may, subject to the prescribed conditions, discharge any offender who had been previously granted a licence but whose licence was subsequently revoked under section 17 and grant him a fresh written licence and in such case the provisions of this Act shall apply as if such fresh licence had been granted under sub-section (1).

 

(3) A licence under this section shall be in force until the expiration of the term for which the offender was ordered to be detained in a Borstal school, unless sooner revoked or forfeited.

Section 16 Form of licence

 

Every licence granted under section 15 shall be in such form and shall contain such conditions as the State Government may by rules direct.

Section 17 Revocation of licence

 

(1) Subject to the prescribed conditions, the Inspector General may, at any time, and in the case of a request made by the officer, institution, society or person, under hose supervision and authority the offender has by licence been permitted to live, shall, after considering the report of the Investigating Committee submitted to him under Section 19-F, revoke a licence granted under Section 15, and upon such revocation the offender shall be detained in a Borstal school until the expiration of the term for which he was ordered to be detained in such school. Provided that, if the Investigating Committee reports that the conduct of the offender has been such that he is unfit for detention in a Borstal school, the Inspector-General shall forward the report of the Investigating Committee to the State Government who may-

 

(i) direct the Inspector General to revoke the licence as provided in this sub-section,or

(ii) themselves revoke then licence and commute the unexpired residue of the term of detention of the offender to a term of imprisonment as provided in Section 14.

 

(2) If an offender removes himself from the supervision of the officer, institution, society or person under which he was by licence permitted to live, his licence shall be deemed to have been revoked from the date on which he has so removed himself.

Section 18 Escape and failure of licence

 

If any inmate escapes from a Borstal school or if any inmate absent on licence from a Borstal school removes himself from {the supervision of the officer, institution, society or person under which he was by licence permitted to live} or fails to return from such supervision to the Borstal school, a police officer not below the rank of a Sub-Inspector of Police, may without orders from a Magistrate and without warrant, arrest him and take him back to the Borstal school and his licence shall be forfeited with effect from the date of his escape or failure to return as the case may be.

Section 19 Absence under licence to be counted towards periods of detention

 

The time during which a person is absent from a Borstal school under a licence shall be treated as part of the term of his detention in the school: provided that where that person has failed to return to the school on the licence being forfeited or revoked, the time which elapses after his failure so to return shall be excluded in computing the term

during which he is to be detained in the school.

PART 3A Control and management of Borstal Schools

 

Section 19A Management of Borstal schools

 

Subject to the orders of the Inspector-General and subject also to the rules made by the State Government the control and management of every Borstal School shall vest in a Superintendent appointed by the State Government.

Section 19B Constitution, powers and duties of visiting Committees

 

(1) (a) Every Visiting Committee appointed under sub-section (2) of section 3 shall consist of the Sessions Judge, {the District Collector}, the District Educational Officer of the district in which the school is situated and four non-official members appointed by the State Government.

 

(b) The non-official members shall hold office for a period of two years but shall be eligible for reappointment on the expiry of that period.

 

(2) It shall be the duty of the Visiting Committee and its members.

 

(a) to visit the school either individually or collectively on such occasions as may be fixed by the rules made under this Act in that behalf for the purpose of ensuring that the provisions of this Act are

duly given effect to;

(b) to make such suggestions for the improvement of the training therein as are considered necessary and to report to the State Government or to the Inspector-General from time to time, any matter, which, in their opinion, should receive attention and annually on the progress of the school ;

(c) to interview the inmates immediately after their arrival and to make suggestions, if any, as to the special training which each should receive ;

(d) to consider cases of release on licence under sub-section (1) of section 15 placed before them by the Superintendent; and

(e) to consider such action as may be necessary in regard to the inmates whose term of detention is about to expire.

 

(3) Subject to such rules as may be made in that behalf by the State Government every member of the Committee shall be entitled to call for information from the Superintendent, to examine the records of the school and to take such other action as he deems necessary for the due discharge of his duties.

Section 19C Classification of inmates

 

(1) The inmates of a Borstal school shall be divided by the Superintendent according to their industry and good conduct into four grades, namely :-

 

(1) the penal grade,

(2) the ordinary grade,

(3) the star grade,

(4) the special star grade.

 

(2) The privileges of each grade shall be higher than those of the grade preceding, if any.

 

(3) Every inmate shall, on reception in a Borstal school, be placed in the ordinary grade.

 

(4) The Superintendent may promote or reduce any inmate from one grade to another in accordance with the provisions of sub-section (5), the rules made under this Act and the general instructions of the Visiting Committee.

 

(5) Promotions and reductions shall be regulated by close personal observations of the inmates and shall depend specially on their general behaviour, amenability to discipline and attention to instructions both literary and industrial.

Section 19D Punishments for offences

 

(1) The punishments which may be inflicted on an inmate of a Borstal school for offences specified in the Prisons Act, 1894, and the rules made thereunder, shall be in the following forms and in no other:-

 

(i) Formal warning.

(ii) Extra drill.

(iii) Deprivation of any of the privileges of the grade.

(iv) Reduction in grade.

(v) Cuts on the hand by a rattan not exceeding six on each hand.

(vi) { x x x x x }.

 

(2) No punishment shall be awarded to any inmate by any official of the school except by the Superintendent or in his absence the official exercising his functions.

Section 19E Limitation of hours of work

 

No inmate of a Borstal school shall be made to work for more than eight hours a day:

Provided that extra drill awarded as a punishment under sub-section (1) of section 19-D shall not be deemed, for the purpose of this section, to be work.

Section 19F Investigating Committee to investigate into complaints against offenders discharged on probation, etc

 

(1) The State Government may, by notification in the Andhra Pradesh Gazette, appoint an Investigating Committee.

 

(2) The Inspector-General may, by an order in writing, require any offender-

 

(a) who is discharged on licence under section 15 and who is reported by the officer, institution, society or person under whose supervision he

has been permitted to live to be of bad behaviour, or

(b) who has committed breach of any of the conditions of the licence granted to him under section 15, to appear before the Investigating Committee within such time and at such place, as may be specified in the order.

 

(3) The Investigating Committee shall examine the offender and after making such inquiry as it thinks fit into his conduct, submit its report to the Inspector-General. If the Investigating Committee reports that the conduct of such offender has been such that he is unfit for further detention in a Borstal school, the Inspector-General shall forward a copy of the report of the Investigating Committee to the State Government.

 

(4) The offender shall, during the period of the proceedings under this section, be detained in a Borstal school, or in a special ward or such other suitable place in a prison as the Inspector-General may, by general or special order, direct.

 

(5) If the offender fails to appear before the Investigating Committee in accordance with the order made under sub-section (2) or escapes while under detention under sub-section (4), he may, on the requisition of the Inspector-General or any officer authorised by him in this behalf, be arrested by any officer of police without a warrant, and without any order of a Magistrate and brought before the Investigating Committee or sent under custody to the place of detention under sub-section (4), as the case may be.

 

(6) The period commencing from the date on which the order under sub-section (2) is passed by the Inspector-General and ending with the date on which an order is passed by the State Government under section 17, shall be excluded in computing the total term of his detention in a Borstal school.}

PART 4 Appeal and Revision

 

Section 20 Appeal and revision

 

For purposes of appeal and revision under the Code of Criminal Procedure, 1898, a sentence of detention under Section 8 of this Act shall be deemed to be a sentence of imprisonment for the same period. Any person affected by an order of the Inspector-General under this Act may appeal to the State Government whose orders shall be final.

PART 5 Miscellaneous

 

Section 21 Minimum age-limit of adolescents in areas to which the Andhra Pradesh (Andhra Area) Children Act, 1920 has not been extended

 

In areas to which the Andhra Pradesh (Andhra Area) Children Act, 1920, has not been extended, the figure 16 appearing in section 2(1) of the Act shall be read as 15.

Section 21A power of State Government to discharge inmates

 

The State Government may at any time order the discharge of an inmate of any Borstal school either absolutely or subject to such conditions as they may think fit.}

Section 22 Removal of disqualification attaching to convictions for offences

 

The conviction of an adolescent shall not be regarded as a conviction for the purposes of any disqualification attaching to a conviction for any offence.

 

RULE: 

ANDHRA PRADESH BORSTAL SCHOOLS RULES

 

In exercise of the powers conferred by Section 4 of the Madras Borstal Schools Act, 1925 (Madras Act V of 1926), the Government of Madras are hereby pleased to make the following rules

 

Rule 1

 

In these rules, unless there is anything repugnant in the subject or context:-

(a) "the Act" means the Andhra Pradesh Borstal Schools Act, 1925 (Andhra Pradesh Act V of 1926);

 

(b) "Inspector General" means the Inspector-General of Prisons, Andhra Pradesh; and

 

(c) "Superintendent" means the Superintendent of the Schools concerned. Medical Examinations of inmates.

Rule 2

 

The Superintendent shall conduct the psychological examination of every inmate and record his findings in the Borstal Individual Record, Jail II, Form No.25 A.

Rule 3

 

The Medical Officer shall, as soon as possible, after admission and thereafter at intervals of not more than one month, subject every inmate of the school to a detailed medical examination and record his findings in such form, as may be, directed by the Inspector-General, from time to time, and shall without delay bring to the notice of Superintendent any matter of importance affecting the health of the inmate for such action as may be seem called for.

Rule 4

 

The Superintendent shall, without delay , report to the Inspector-General of Prisons the case if any inmate who, in the opinion of the Medical Officer, is unfit for Borstal Training. Classification and treatment of Inmates.

Rule 5

 

Every school shall be divided into houses, each of which shall contain approximately the same number of inmates, care being taken to ensure that neither the best nor the worst inmates are concentrated in one house. Each house shall have a house- master, who shall be selected by the Superintendent from the teachers and instructors of the school. A petty officer shall be appointed to assist each house-master.

Rule 6

 

The house-master and his assistant shall be responsible to the superintendent for--

 

(a) the tone and general behaviour of their house;

 

(b) the training of each inmate therein;

 

(c) the cleanlines of the wards, rooms, clothing and bedding and their being kept in good order and repair; and

 

(d) the proper distribution of food among the inmates.

Rule 7

 

Each house shall be divided into groups, care being taken to ensure that neither the best nor the worst inmates are concentrated in one group. Each group will be under a monitor who has been selected by

the house-master from the ranks of each group and may wear distinguishing marks.

Rule 8

 

The Superintendent shall select from the monitors a head monitor for cach house. The head-monitor shall be in addition to the group monitors and shall wear a special badge on the left breast.

Rule 9 The inmates will be divided into four grades, namely.

 

(1) The penal grade;

 

(2) the ordinary grade;

 

(3) the Star grade;

 

(4) the Special Star grade.

 

Rule 10

 

Every inmate shall remain in th ordinary grade in which he is placed on reception in the school, for at least three months. He shall during that period, be employed on domestic service, gardening or farming, be carefully observed by the staff with special reference to his character,

mental disposition and fitness for a special training and subject to good behaviour, be permitted to take part in games on Saturdays.

Rule 11

 

Promotion to the Star grade shall be made by selection by the Superintendent an inmate so promoted being placed in a grade suitable to his individual taste and capacity. While in this grade an inmate shall be permitted by exemplary conduct to earn badge money of one rupee, five annas and four pies per mensem.

Rule 12

 

An inmate in the Star grade may be promoted to the Special Star grade if the Superintendent is satisfied after close observation of the inmate's general demeanour and efficiency that he may safely be placed in a position of special trust. Inmates in the Special Star grade shall wear a distinctive dress, may act as monitors, and may be placed in authority over other inmates on parade, in the workshops or recreation rooms. They may perform sentry duties at night and other duties in which they can assist the administration. They may sleep in association wards and by exemplary conduct earn badge money of Re.1 (Rupee One only) permensem. They may be allowed to go out unattended subject to reasonable limits of time and distance and need not be locked up at night. Notes to Rules 11 and 12 above:-

(1) Inmates promoted from the lower to a higher grade shall be permitted to earn the extra badge money from the first of the month following the date of promotion.

 

(2) Badge money shall not be given to an inmate for from the month in which his conduct does not continue to be exemplary.

 

(3) Inmates discharged in the ordinary course or on bail or whose sentences are suspended before the 16th of a month shall not be entitled to badge money for that month. but if they are discharged in the ordinary course or on bail, or if they shall be given half the badge money of the respective grades for that month.

 

(4) An inmate who is in transit from one school to another at Court, on leave, or in an hospital (whether it be the school hospital or one outside the school) shall be granted the badge money of his grade on the scale earned by him during the previous year.

Rule 13

 

All badge money may be spent on objects approved by the Superintendent or be invested in the local savings bank.

Rule 14

 

The Superintendent shall, to such extent as he considers suitable, permit inmates in the Star and Special Star grades, to take certain games, to go out to scout camps and to compete in district athletic sports and tournaments. Inmates in the Star and the Special Star grade shall be taken on route marches once a month.

Rule 15

 

An inmate placed in the Penal grade shall be employed on hard and

laborious work.

Rule 15A

 

If an inmate dies before the expiry of the period of his detention, his earnings in the school shall lapse to the Crown.

Rule 16

 

The Superintendent may reduce for such period as considered necessary, any inmate by one or more grades for misconduct or for exercising a bad influence in the school; but no inmate shall be placed in the Penal grade for a period of more than three months without the specific sanction of the Inspector-General. The Superintendent may restore the inmate to his original grade by stages, if necessary. The Superintendent shall enter in his journal, particulars of every case of reduction of grade ordered by him, the reasons for such order and the period for which the reduction is to be in force. Leave of absence.

Rule 17

 

(1) The Superintendent may, at his discretion and subject to such conditions as he may deem proper, grant leave of absence to any inmate in the Star or Special Star grade for a period not exceeding ten days at any time and subject to a maximum of fifteen days in a year, if he is satisfied that the inmate will return at the end of the leave, to visit parents or relatives if the behaviour of the inmate justifies such a privilege; and in special cases to visit a parent or relative who is dangerously ill. Such period of leave of absence shall be treated as "Release on Parole".

 

(2) In case, where leave of absence has been granted to an inmate under sub-rule

 

(1) by the Superintendent for a maximum period of fifteen days, the 1[Deputy Inspector-General of Prisons having jurisdiction] may, on any subsequent occasion, in special and deserving cases and subject to such conditions as he may deem proper, grant leave of absence to the inmate for a period not exceeding ten days at a time, and subject to a maximum of fifteen days in a year.

Rule 17A

 

The 1[Deputy Inspector General of Prisons having jurisdiction] in special cases may grant extension in lieu of absence granted under sub-rule (1) of Rule 17 to the inmate for a period not exceeding 30 days at any time and subject to a maximum of 30 days in a year.

Rule 18

 

The Superintendent may. at any time cancel the leave and recall the inmate without assigning any reasons and shall recall the inmate if he is satisfied that an epidemic is prevalent in or near the place of residence of the inmate, or if in his opinion, the conditions subject to which the leave was granted are in any way infringed. If an inmate fails to return by the due date, the services of the police may be requisitioned to bring him back.

Rule 19

 

Every case of overstay of leave shall be reported to the Inspector General Daily routine.

Rule 20

 

All inmates, provided they are medically fit, shall be required to engage in drill, study and labour for eight hours every working day . The following daily routine shall be observed in the school:-

Rule 21

 

Literary instruction shall be given in the inmate's language and limited ordinarily to the elements of reading, writing and arithmetic. An inmate shall attend school from the date of his admission and for two hours daily. Every inmate shall be examined by the teacher at the end of every six months and the marks obtained and position in class recorded in the borstal individual record.

Rule 22

 

Intelligent inmates who have satisfactorily completed the borstal standard education or have studied in the middle or high school classes before admission may be given facilities to improve their education with the assistance of the staff available

Rule 23

 

The District Educational Officer and his assistants shall inspect the school annually and report of the examination of the classes shall be submitted to the Inspector General through the Superintendent. A certificate in Form Jail II, No.155, shall be given to every inmate discharged from the school to assist him to find suitable employment.

Rule 24

 

Monitors who in the opinion of the Superintendent are sufficiently educated for the purpose, may be employed in the classes to assist the teachers.

Rule 25

 

When an inmate fails to profit by instruction, the Superintendent may exempt such inmates from attending the class and his time shall be suitably utilised in other work.

Rule 26

 

Every school shall be provided with a library for the use of the inmates containing English and Vernacular books and periodicals approved by the Inspector-General. Vocational Training

Rule 27

 

Inmates shall not be allowed to change their work except for very special reason. Any transfer from one form of training to another must be approved by the Superintendent save in the case of unskilled labouring parties where transfers may be effected by the Deputy Superintendent.

Rule 28

 

In the workshops, work shall normally be done on orders received, but when these are insufficient or do not provide sufficient variety for training, the Superintendent shall utilise the amount allowed for expenditure on instructional purposes on the purchase of materials, e.g., country wood, extra yarn, metal bars and sheets.

Rule 29

 

Each inmate shall, for five hours daily, be given vocational instruction, which shall include at least two hours a week instruction in the theory of the subject.

Rule 30

 

Each teacher and instructor shall enter in the borstal individual record once in six months the progress of each inmate in his charge by the award of marks.

Rule 31

 

The restriction imposed by Rule 264 (2) of part 2 of the Madras Prison and Reformatory Manual, Volume II, shall not apply to boys detained for extramural work. Ambulance, First-aid and Scouting.

Rule 32

 

One hour a week out of the periods allotted for literary education, and one hour a week out of the periods allotted for vocational training, may be given to training in Ambulance, First aid and Scouting. Instructions in these matters may also be given on Sundays.

Rule 33

 

The Superintendent should select from the teachers and instructors suitable individuals to undergo a course of training in scoutcraft so as to enable them to train and lead the inmates efficiently. The persons so selected shall be provided with scout uniforms at Government cost.

Rule 34

 

Inmates permitted to take part in camps, scout activities, district sports etc., outside the school may be granted leave not exceeding ten days in a year for the purpose. Annual sports and prize distribution.

Rule 35

 

The Superintendent shall arrange for holding annual sports and for a

public distribution of prizes. Religious and moral instruction.

Rule 36

 

As far as possible all inmates shall receive religious and moral instruction on Sundays from persons of their own religions approved by the Superintendent or from honorary instructors of their own religion approved by the Inspector - General. Holidays

Rule 37

 

Sundays, Christmas day, Good Friday, the King Emperor Birthday, Pongal, Deepavali, the last day of the Ramzan, New years day, Tamil New year's day, Telugu New Year's day, Ayudha Puja, Mahasivarathri, Bakrid and the Annual Sports day shall be regarded as general holidays for the school. Barawafat shall be regarded as sectional holiday for Muslim inmates and Onam and Vishu for Malyali inmates. No work shall be extracted on these holidays from the inmates to whom they apply except such work as may be necessary for the internal management and domestic economy of the school or as may be required by an emergency. Dietary

Rule 38

 

The diet scale for Borstal Schools inmates per head per day shall be as detailed below:-

Rule 39

 

The clothing and bedding of inmates shall be on the following scale:

Rule 40

 

An inmate, on arrival, shall be provided with two suits, one new and another part-worn, if available. No articles of clothing which has been worn by one inmate shall be issued to another unless it has been washed, and disinfected. Articles of clothing shall have stamped on them in indelible ink, date of first issue, date of return, if returned before expiry of period of wear, and date of reissue. Inmate in the band class passed as classified to perform in the school band shall be provided with the following uniform. The cost of each suit shall not exceed Rs.4-2-0. Coat, white ...With facings and trimmings and green collar, period of wear two years. Long trousers ... Cap ...

Rule 42

 

The following shall be the uniform of the scouts. The clothing shall be worn by the scouts while they take part in scout activities. The cost of each suit shall not exceed Rs.3/-: One khaki twill shirt One pair khaki drill shirts Period of wear one year. Three yard khaki mull for turban and scarf Commitment

Rule 43

 

An adolescent offender, committed to a Borstal School shall be sent to the Borstal School, Palamcottah, if his language is Tamil or Malayalam, and to the Borstal School, Tanjore, if his language is Telugu, Kannada, English, Hindustani or any other language.

Rule 44

 

All committing magistrates shall furnish the Superintendent of the school as early as possible with a copy of the judgment and the detailed information regarding the previous history, parentage occupation, etc., required in the list of interrogatories in the form in Appendix I.

Rule 45

 

An order committing an adolescent offender to a Borstal School under Section 8 of the Act shall be in the form in Appendix III. Visiting Committee

Rule 46

 

The rules in Chapter III of part I of the Madras Prison and Reformatory Manual, Volume II, shall not apply to Borstal School, with the exception of Rules 21, 29, 30 and 31.

Rule 47

 

The District Magistrate shall be the Chairman of the Visiting Committee appointed under sub-section (2) of Section 3.

Rule 48

 

In the absence of the Chairman, the members present at the meeting shall elect one from among themselves to be the Chairman of the meeting.

Rule 49

 

The Superintendent shall bring to the notice of the Inspector General, the failure, of any member to attend three consecutive meetings. Such member if he is non-official, may be removed from office.

Rule 50

 

Three members shall form at quorum. It shall be the duty of the members of the Visiting Committee to visit the school in rotation once a week. The Chairman shall arrange the roster for the weekly visits to the school so as to give each visitor his turn and shall send by post card and intimation to the member whose turn it is to visit the school in the ensuing week. There shall not be a fixed day of the week for those visits, but the visitor shall be free to visit the school on any day that suits him and at any time between unlocking and lock-up There shall also be a quarterly meeting of Visiting Committee on the last Saturday of the quarter or at such other time as the Chairman may determine. At the meeting it shall carry out the duties referred to in Section 19-B (b) to (e) of the Act and in particular shall (a)examine the punishment book, medical register, the admission and Disposal registers, and after-care reports (b) interview new admission since last meeting. (c) hear any representations that inmates may desire to make. The Chairman may convene special meetings in addition to the quarterly meetings, on such dates as he may determine. At least two clear days previous to the date of meeting a notice thereof together with an abstract of any special matters to be considered shall be furnished to the members by

the Chairman of the Committee.

Rule 52

 

The minutes of each meeting shall be prepared by the Chairman and sent to the Superintendent who will forward them with his remarks to the Inspector-General

Rule 53

 

The Superintendent shall give effect to the resolutions of the Committee and intimate to the Inspector-General the fact of his having done so; Provided that if in the opinion of the Superintendent it would be inconsistent with the Act or these rules, or inexpedient, to give effect to any such resolution, he shall submit the same for the orders of the Inspector-General and intimate to the Chairman., the fact of his having done so.

Rule 54

 

The Superintendent may decline to furnish any information required or to produce any record, the examination of which is sought by any member of a Visiting Committee, if for reasons to be recorded in writing, the Superintendent considers that it will be undesirable to furnish such information or produce such record.

Rule 55

 

The Superintendent shall bring to the notice of the Visiting Committee:-

(1) the cases of all inmates who, having undergone not less than six months of detention, are in the opinion of the Superintendent fit for release on licence;

 

(2) all cases which fall within the scope of Section 14 of the Borstal Schools Act; and

 

(3) the case of all inmates who owing to mental deficency, are unfit for borstal training. The Superintendent shall advice the Committee on the merits of each case. Notwithstanding anything contained in this rule, the Superintendent shall have discretion not to bring to the notice of the Committee, any case in which a report or recommendation of the Committee is not required by the provisions of the Act, if the matter is so urgent that it cannot wait for consideration by the Committee or if for any other reason the Superintendent considers that such case should not be referred to the Committee. Discharge or release on licence.

Rule 56

 

In the case of inmates whom the Superintendent proposes to recommend for release on licence under sub-section (1) of Section 15 of the Act, he shall, not less than six weeks before each meeting of the Committee forward to the District Probation officers of the districts in the muffssal and the Chief Probation Superintendent in the City of Madras the names of such inmates the particulars of the vocational training undergone by them and the kind of work suitable for them to enable them to make necessary enquiries and place the information obtained from the District Probation Officers or the Chief Probation Superintendent before the Visiting Committee. The cases recommended by the Visiting Committee shall be submitted for orders to the Inspector-General.

(i) After the inmate is released on licence the Borstal Association will

provide the necessary grant required in each case according to circumstances.

 

(ii) In the case of inmates belonging to other provinces and Native States, the Inspector General shall be addressed for the appointment of probation officers after the question of their release on licence is considered by the Visiting Committee.

Rule 56A

 

(1) In the case of an inmate due for release on the expiry of the term of detention, the Superintendent shall, six months before the anticipated date of release, send information as to the name of the inmate, the particulars of the vocational training undergone by him, and the kind of work suitable for him to the Chief Probation Superintendent who shall then direct the Probation Officer concerned to look after the inmate and shall intimate the Probation Officer's name and address to the Superintendent of the school so as to reach him at least a week before the date of release of the inmate. The inmate, on release, shall be furnished with a letter to the Probation Officer with directions to go to him for help and guidance when he reaches his native place.

 

(2) Every inmate discharged on the expiry of his term of detention shall, for a period of two years from the date of such discharge, be under the supervision of the Officer aforesaid. The Probation Officer shall visit and receive visits from the ex- inmate at reasonable intervals, advise, assist and befriend him, see that he makes a good use of the training given to him in the school and when necessary endeavour to find him a suitable employment. He shall during these two years report at the end of every quarter about the progress and relatives of the ex-inmate to the Superintendent of the school from which he was released and to the Chief Probation Superintendent.

 

(3) The Probation Officer shall send monthly reports to the

Superintendent of the School and the Chief Probation Superintendent about inmates released on licence till the period of licence is over and thereafter quarterly reports for two years as in the case of inmates discharged after their full term of detention.

Rule 56B

 

In the case of inmates recommended for discharge under Section 21-A of the Act, the Superintendent shall, so far as is necessary and practicable in each case, follow the procedure laid down in Rule 56-A. When an inmate is recommended for discharge on medical grounds due intimation shall be given to the Probation officer concerned.

Rule 57

 

The intimate to be discharged under sub-sec. (1) of Section 15, shall execute a bond in the form appended (Appendix II).

Rule 58

 

If art any time, during the period of licence, a Probation Officer under whose care an inmate is placed, is of opinion that the inmate has not made any efforts to show progress in his work or finds that his conduct is not satisfactory, he shall immediately report the matter to the Inspector-General. Interviews and Letters.

Rule 59

 

An inmate may receive a visit on reception and subsequently once a month, from his parents, relatives or friends. Special visits may also be allowed by the Superintendent at his discretion. Every facility shall be given to accredited legal advisors for interviews in connection with any appeal against the order of detention. It is within the discretion of the Superintendent to determine the length of the visit and whether the visits should be in the presence of an officer not below the rank of an Assistant Superintendent. An inmate may write to any member of his family on reception and subsequently once a month to any one approved by the Superintendent at Government cost. An inmate may receive such letters as are addressed to him, but the Superintendent has power to disallow any in coming letters for any reason. The Superintendent may, at his discretion, allow such inmates to write at their own cost and to receive letters at more frequent intervals. Letters incoming and outgoing shall be censored by the Superintendent or by such officer as may be deputed by the Superintendent for the purpose. If their address is known, parents, or if it is not possible to communicate with parents, the nearest relations whose address is known shall receive notice of the serious illness of inmates, and the Superintendent shall answer any enquiries made by them provided that postage stamps for the reply are enclosed. Reports by Superintendent.

Rule 60

 

The Superintendent shall submit to the Inspector - General every year in such form as the latter may , time to time direct.

(a) not latter than the 15th February , a report on the administration of the school in the preceding calendar year ; and

 

(b) not later than the 31st March , report on the after care of inmates discharged in the preceding calendar year.

APPENDIX 1 Form of Interrogatories (Borstal Schools)

 

APPENDIX I

 

(See Rule 44)

 

Form of Interrogatories (Borstal Schools)

 

1. Has the adolescent any near relations living and if so what is their occupation?

 

2. What was the occupation of the adolescent prior to his conviction and were his means of leaving adequate?

 

3. Give a brief statement of the circumstances which led him to commit the crime he is convicted of.

 

4. Has he committed any offence before? If so, what, and how was he dealt with.

 

5. Have any close relations of his been previously convicted and are any of them at present in jail or detained in the schools?

 

6. Has the adolescent any land of his own and, if so, so how much?

 

7. Is it likely that the adolescent will be able to resume his occupations

after release from schools.

APPENDIX 2 APPENDIX

 

APPENDIX II

 

(See Rule 57)

 

[Bond executed by an inmate of a Borstal School discharged on licence under sub-section (1) of Section 15 of the A.P Borstal Schools Act, 1925, by the Inspector - General of Prisons , A.P]

 

I , son of of the village of in the district of an inmate now detained in the Borstal School at being informed that the Inspector - General of Prisons , A.P will discharge me from detention on my assenting to the conditions below ,do hereby bind myself;-

 

(1) immediately on discharge to proceed toand present myself to my employer \probation officer;

 

(2) to be under his care and directions until the residue of the period of my detention expires; and

 

(3) during the aforesaid period -

 

(a) not to change my address with out the consent of my probation

officer;

 

(b) not to associate with persons of bad character ;

 

(c) to lead a sober and industrious life to the satisfaction of my employer/probation officer; and

 

(d) to be of good conduct .

 

I here by agree to abide by the above conditions and , if I knowingly violate any of them I shall render myself liable to be sent back to the Borstal School

 

Signature of Inmate.

 

Certified that the foregoing conditions were read over to the inmate and accepted by him in my presence--

 

Witnesses;

 

1.

 

2.

 

Signature of Superintendent.

 

APPENDIX 3 APPENDIX

 

APPENDIX III

 

(See Rule 45)

 

(Form of order under Section 8 of Borstal Schools Act)

 

 

To

The Superintendent,

.Borstal School

 

Whereas . aged . accused in case No. . of . was convicted on . by the . Magistrate of . for the offence of . and after due enquiry I am satisfied that it is expedient to send him to the Borstal School, this is to authorize and require you the said Superintendent to receive the said . into the Borstal School and there keep him for . years/or/until he attains the age of 23 years.

 

1. The distance from his native place ( ) to the nearest railway station is

 

2. Details of property on inmate's person

 

3. Descriptive roll

 

Name

 

Father's name

 

Sex,married or single

 

Race,religion and caste

 

Previous occupation, if any

 

Age

 

Descriptive marks

 

Given under my hand and seal of the Court, this.Seal

 

Signed

 

Magistrate or Judge.

 

APPENDIX 4 APPENDIX

 

APPENDIX IV

 

(See Rule 23)

 

(Form of Discharge Certificate)

 

I hereby certify that inmate No . Name . has been discharged from this school.

 

Standard of education

 

Manual or other training received

 

Superintendent"s opinion as to character, industry and ability.

 

School Superintendent.

DateAct Type : Andhra Pradesh State Acts