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KARNATAKA BORSTAL SCHOOLS ACT, 1963
KARNATAKA BORSTAL SCHOOLS ACT, 1963
24 of 1964
7th JUNE, 1962
An Act to consolidate and amend the law relating to establishment and regulation of Borstal Schools in the State of Karnataka. Whereas, it is expedient to consolidate and amend the law relating to establishment and regulation of Borstal Schools in the State of Karnataka; Be it enacted by the Karnataka State Legislature in the Fourteenth Year of the Republic of India as follows
CHAPTER 1 Preliminary
Section1 Short title, extent and commencement
(1) This Act may be called the Karnataka Borstal Schools Act, 1963.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
Section2 Definitions
In this Act, unless the context otherwise requires.
(a)"Borstal School" means a place in which young offenders, whilst detained in pursuance of this Act, are given such industrial training and other instructions and are subject to such other disciplinary and moral influences as will conduce to their reformation and the prevenh'on of crime;
(b)in relation to any area in the State, "Code" means the Code of Criminal Procedure, 1898 (Central Act V of 1898), as in force in such area;
(c)"Competent Court" means the Court of a District Magistrate or the Court of a Magistrate of the First Class;
(d)"District Magistrate" means an officer in the Judicial Service of the State exercising the powers of a District Magistrate under the Code;
(e)"Inspector-General" means the Inspector-General of Prisons and includes any office appointed by the State Government to perform all or any of the duties imposed by this Act, on the Inspector-General;
(f)"Notification" means a notification published in the Official Gazette;
(g)"Offender" means a person found guilty of an offence, for which he is liable to be sentenced to imprisonment or is liable to imprisonment for failure to furnish security under Chapter VIII of the Code, whether any previous conviction is proved against him or not;
(h)"Prescribed" means prescribed by rules made under this Act;
(i) "Prohibited article" means an article the introduction or removal of which into or out of any Borstal School is prohibited by any rule made under this Act;
(j) "Young offender" means an offender who is not more than 21 years of age and.
(i) not less than fifteen years in any area in which the Karnataka Children Act, 1963 is not in operation; or
(ii) in other areas not less than sixteen years in the case of a boy and not less than eighteen years in the case of a girl.
Section3 Establishment of Borstal Schools
(1) For the purpose of this Act, the State Government may establish one or more Borstal Schools.
(2) For every Borstal School a Visiting Committee shall be appointed in such manner as may be prescribed.
Section4 Application of the Prisons Act and the Prisoners Act
Subject to any alterations, adaptations and exceptions made by this Act and the rules framed under it, the Karnataka Prisons Act, 1963 and the Karnataka Prisoners Act, 1963 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.
CHAPTER 2 Committal to Borstal Schools
Section5 Court may pass order for detention in a Borstal School
Where it appears to the Competent Court that an offender before it is a young offender and that, by reason of his criminal habits or tendencies or association with persons of bad character, it is expedient that he should be subject to detention for such term under such instruction and discipline as appears most conducive to his reformation, such Court may pass, in lieu of a sentence of imprisonment or of an order of imprisonment under Section 123 of the Code, an order for the detention of such offender in a Borstal School established under this Act, or subject to the provisions of Section 13, in a Borstal School in any other State in India for such term not being less than three years, not more than five years as the competent Court, subject to rules made under this Act, thinks fit but in no case extending beyond the date on which the offender will, in the opinion of the Court attain the age of twenty-three years:
Provided that before passing such an order, the Competent Court shall give an opportunity to the parents or the guardians of the said offender to be heard and shall consider any appeal or representation which may be made to it as to the suitability of the case for treatment in such Borstal School and shall be satisfied that the character, state of health and mental condition of the young offender and the other circumstances of the case, are such that such offender is likely to profit by such instruction and discipline, as aforesaid.
Section6 Power of State Government to exempt
The State Government may, by rules made under this Act, direct that any class or classes of persons specified in such rules, shall not be ordered to be detained in a Borstal School.
Section7 Courts empowered to pass orders for detention
(1)Notwithstanding anything contained in any other law for the time being in force, but save as otherwise expressly provided in this Act, the following Courts shall have power exclusively to pass orders for detention and such other orders that a competent Court is empowered to pass under this Act against young offenders.
(a)a Court of the District Magistrate;
(b)a Court of a Magistrate of the First Class.
(2)The powers conferred on a Competent Court by or under this Act shall also be exercised by the High Court and the Court of Session, when the proceeding comes before them in appeal, revision or otherwise.
Section8 Procedure when Magistrate is not empowered to pass an order for detention under this Act
(1) When any Magistrate not empowered to pass an order for detention under this Act is of the opinion that an offender before him is a young offender to be detained in a Borstal School, he may, when passing any order, record such opinion and submit his proceedings and forward the offender to the Court of the District Magistrate or to the Court of Session, to which he is subordinate, as the case may be.
(2) The Court of Session to which the proceedings are submitted under sub-section (1) may transfer such proceedings to any Competent Court to pass an order under this Act.
(3) The Court of the District Magistrate to which the proceedings are submitted under sub-section (1) or the Competent Court to which the proceedings are transferred under sub-section (2) may make such further inquiry, if any, as it may think fit, and may pass such order for the detention of the offender in a Borstal School, or such other sentence or order as it might have passed if such offender had originally been brought before or tried by it.
Section9 Limitation on powers conferred by Section 5
Any young offender detained in a Borstal School for failure to furnish security when ordered to do so under Section 106 or Section 118 of the Code shall be released on furnishing such security or on the passing of an order under Section 124 of the Code.
Section10 Transfer of person from prison to Borstal School
(1) If the Inspector-General is satisfied that a person imprisoned in consequence of a sentence passed under any law or undergoing imprisonment under an order made under Section 123 of the Code, for failure to give security, is a young offender, who, by reason of his criminal habits or tendencies or association with persons of bad character, might with advantage be detained in a Borstal School, the Inspector-General may report the case to the State Government, and if the State Government, after making such inquiry, as it may deem proper or as may be prescribed, is satisfied that the person should, for the reasons mentioned in the report, be detained in a Borstal School, it may, by order in writing, direct such person to be transferred from the prison to a Borstal School established under this Act or subject to the provisions of Section 13, to a Borstal School in any other State in India and to be detained in such School, in lieu of the unexpired residue of his sentence or of the period of imprisonment, which he is liable to undergo for failure to furnish security, as the case may be, for such period as together with the period of imprisonment already undergone will not exceed the maximum period for which such person could have been ordered to be detained by a Competent Court under Section 5:
Provided that such person shall not be directed to be detained in a Borstal School for a period which, including the period of imprisonment undergone, exceeds the period of imprisonment to which such person has been sentenced or the period of imprisonment which he is liable to undergo for failure to furnish security, as the case may be.
(2) A person transferred to a Borstal School under sub-section (1) shall upon transfer to such School, be deemed to be an offender ordered to be detained by a Competent Court under the provisions of Section 5 and the provisions of this Act shall apply to such person accordingly.
Section11 Transfer of incorrigibles, etc., to prisons
(1) Where an offender detained in a Borstal School escapes or is reported to the State Government by the Inspector-General to be incorrigible or to exercise or to be likely to exercise a bad influence on the other inmates of the School or to be more than twenty-one years of age, or where a licence granted under Section 15, is revoked by the State Government under clause (ii) of the proviso to sub-section (1) of Section 16 or is, in the opinion of the State Government, otherwise unsuitable for training in a Borstal School, the State Government may commute the unexpired residue of the term of detention to such term of imprisonment of either description as it may determine, but in no case exceeding the shortest of the following three periods, namely.
(a)the unexpired residue of the term of detention; or
(b)the maximum period of imprisonment provided by law for the offence of which the offender was found guilty or for the failure to give security, as the case may be, in consequence of which the offender was ordered to be detained in a Borstal School or ordered to be transferred to and detained in such School by the State Government; or
(c)the maximum period of imprisonment, which the Court that tried him had authority to award under the Code.
(2) Such offender may be confined in any prison in the State of Karnataka by warrant under the hand of a Secretary to Government, and effect shall be given to such warrant and the sentence of imprisonment passed upon such offender shall be executed in the same manner as if such person had been sentenced by a Competent Court of criminal jurisdiction.
Section12 State Government to determine the Borstal School in which a person shall be detained and may order removal
(1) Every young offender ordered to be detained in a Borstal School shall be detained in such Borstal School as the State Government may, by general or special order, appoint for the reception of persons so ordered to be detained:
Provided that, if accommodation in a Borstal School is not immediately available -for such 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 and the period of detention so undergone shall be treated as detention in a Borstal School.
(2) The State Government may order the removal of any young offender from any one Borstal School to another BorstalSchool established under this Act, or to a Borstal School in any other State in India, provided that the whole period of his detention in a Borstal School shall not be increased by such removal.
Section13 Power to order detention in or removal of offenders to a Borstal School in another State
(1) No order for the detention in or transfer or the removal to a Borstal School in any other State shall be passed except with the previous concurrence of the Officer in charge of such Borstal School and unless the Government of the said State under any law in force therein or by general or special order has consented or is empowered to receive such offender for detention in such Borstal School.
(2) The Officer in charge of a Borstal School established under this Act may, subject to the rules made in this behalf, give effect to any order for detention therein of any person passed by any authority under any enactment in force in any other State in India. A person detained in such Borstal School under this provision shall be deemed to be an offender ordered to be detained under the provisions of Section 5 and the provisions of this Act shall apply to such person accordingly.
Section14 Removal of persons detained to civil hospital in the State for medical treatment
(1) If an offender detained in a Borstal School is suffering from any illness and the Inspector-General is satisfied that it is not possible to render to him proper medical care or treatment in the School, the Inspector-General may provide for the removal of such offender to any civil hospital in the State for the purpose of undergoing medical treatment and for his return to the School after such treatment is undergone.
(2) The period during which an offender is absent from a Borstal School under sub-section (1) shall, for the purposes of computing his term of detention in the School, be deemed to be part of that detention.
CHAPTER 3 Release on licence
Section15 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 a young 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 in the prescribed form and on the prescribed conditions, permitting him to live under the supervision and authority of such.
(a)officer of 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 16 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 expiry of the term for which the offender was ordered to be detained in a Borstal School unless sooner revoked.
(4) The period during which an offender is absent from a Borstal School during the continuance of a licence granted to him under this section shall, for the purpose of computing his term of detention in such School, be deemed to be part of that detention.
Section16 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 institution, society or person, under whose 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 20, revoke a licence granted under Section 15, and upon such revocation, the offender shall be detained in a Borstal School until the expiry 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 and the State Government may.
(i) direct the Inspector-General to revoke the licence as provided in this sub-section; or
(ii) itself revoke the licence and commute the unexpired residue of detention of the offender to a term of imprisonment as provided under Section 11.
(2)If an offender removes himself from the supervision of the 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.
(3)On the revocation of a licence under sub-section (2), the period beginning from the date on which the offender removed himself from supervision till the date on which he is arrested shall, subject to the provisions of Section 18, be excluded in commuting the period for which he has been ordered to be detained in a Borstal School.
Section17 Subsequent supervision
(1) When the Inspector-General and the Investigating Committee report that the conduct or progress of any offender detained in a Borstal School has been such that it is expedient that he shall remain under the supervision for a further period after the end of the term of detention, the State Government may direct that the offender shall, on the expiration of the term of his detention, remain for a further period not exceeding one year under the supervision of such authority, society or person as the Inspector-General, subject to the rules made under this Act, may direct.
(2) The State Government may, after considering the report of the Investigating Committee, forwarded to it under Section 20, direct the offender to be produced before the Competent Court, together with the report, and the Court may, after satisfying itself about the accuracy of the report, direct that the offender, who is under supervision in accordance with sub-section (1) shall.
(a)again be detained in a Borstal School for such period as it may think fit; or
(b)if the Court is satisfied that the conduct of the offender has been such that he is unfit for detention in a Borstal School, to undergo imprisonment of such description for such period as it may direct:
Provided that the total period of supervision, detention and imprisonment, under this section, shall not exceed one year.
Section18 Period of detention
No person shall be detained in a Borstal School after he has in the opinion of the State Government, attained the age of twenty-three years, or, if in any particular case, the State Government so directs, after he has attained the age of twenty-five years.
Section19 Discharge from Borstal School
The State Government may, at any time, order any person detained in a Borstal School to be discharged from such School, either absolutely or on such condition as it thinks fit to impose.
Section20 Investigating Committee to investigate into complaints against offenders discharged on probation, etc.
(1)The State Government may, by notification, 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 or who is placed under supervision under Section 17, and who is reported by the authority, institution, society or person, under whose supervision he has been permitted to live or has been directed to remain, to be of bad behaviour; or,
(b)who has broken 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 and in every case where an offender had been directed to remain under supervision under Section 17, 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 part of 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 detained under sub-section (4), he may, on the request 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 beginning from the date on which the order under subsection (2) is passed by the Inspector-General and ending with the day on which the order is passed under Section 16 or Section 17, shall be excluded in computing the total term of his detention in a Borstal School or in computing the period of one year referred to in Section 17.
Section21 Arrest of offender escaping from Borstal School or escaping from supervision
Any offender, who, in contravention of the provisions of this Act, has escaped from a Borstal School or has escaped from a civil hospital to which he was removed for treatment under Section 14 or has escaped from the supervision of any authority, institution, society, or person under whose supervision he has been directed to remain or has been permitted to live by licence under Section 15, or has committed a breach of any of the conditions imposed under Section 19, may be arrested by any officer of the Police without a warrant and without an order of the Magistrate and sent back to the Borstal School or civil hospital or to such authority, institution, society or person, as the case may be.
CHAPTER 4 Control and Management of Borstal Schools
Section22 Management of Borstal Schools
Subject to the general control and superintendence of the Inspector-General and subject to the rules made under this Act, the control and management of every Borstal School shall vest in a Superintendent appointed by the State Government.
Section23 Constitution, powers and duties of Visiting Committees
(1)Every Visiting Committee appointed under sub-section (2) of Section 3 shall consist of the Sessions Judge, the District Magistrate, the District Educational Officer within whose respective jurisdictions the Borstal School is situated, and four non-official members appointed by the State Government.
(2) The non-official members shall hold office for a period of two years, but shall be eligible for reappointment on the expiry of such period.
(3)It shall be the duty of the Visiting Committee and its members.
(a)to visit the Borstal School either individually or collectively on such occasions as may be prescribed;
(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;
(e)to consider such action as may be necessary in regard to the inmates whose control and detention is about to expire.
(4) Every member of the Visiting Committee shall, subject to rules made in this behalf, under this Act, be entitled to call for information, from the Superintendent, to examine the records of the Borstal School and to take such action as he deems necessary for due discharge of his duties.
Section24 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.
(a)the penal grade;
(b)the ordinary grade;
(c)the star grade; and
(d)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) Subject to the general instructions of the Visiting Committee, the Superintendent may promote or reduce any inmate from one grade to another in accordance with the provisions of sub-section (5), and the rules, if any, made under this Act.
(5) Promotions and reductions shall be regulated by a close personal observation of the inmates and shall depend specially on their general behaviour, amenability to discipline and attention, to instruction, both literary and industrial.
Section25 Punishment for offences
(1) The punishments which may be inflicted on an inmate of a Borstal School for offences specified in the Karnataka Prisons Act, 1963, 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.
(2)No punishment shall be awarded to any inmate by an official of the Borstal School, except by the Superintendent, or in his absence, the official exercising the functions of a Superintendent.
Section26 Penalty for introduction or removal of prohibited articles
(1)Whoever, contrary to any rule under this Act.
(a)introduces or removes, or attempts by any means whatever to introduce into or remove from any Borstal School; or
(b)supplies or attempts to supply to any inmate outside the limits of such school any prohibited article; or
(c)being an officer of a Borstal School, knowingly suffers any such article to be introduced into or removed from any Borstal School to be possessed by any inmate or to be supplied to any inmate outside the limits of the Borstal School; or
(d)communicates or attempts to communicate with any inmate, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees or with both.
(2) Whoever abets any offence punishable under sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees or with both.
Section27 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 25 shall not be deemed, for the purpose of this section, to be work.
CHAPTER 5 Miscellaneous
Section28 Appeals and revision
(1) For the purposes of appeal and revision under the Code, an order of detention under Section 5 of this Act shall be deemed to be a sentence of imprisonment for the same period.
(2) Any person aggrieved by an order of the Inspector-General under any provision of this Act, may, subject to the prescribed conditions, appeal to the State Government and the orders of the State Government on such appeal shall be final.
Section29 Removal of disqualification
The State Government may, on the recommendation of the Inspector-General and the Visiting Committee or, otherwise remove any disqualification incurred by an offender ordered to be detained in a Borstal School on account of such detention.
Section30 Presumption and determination of age
(1) Where it appears to a Competent Court that a person brought before it under any of the provisions of this Act, is a young offender, such Court shall make due enquiry as to the age of that person and for that purpose, shall take such evidence as may be forthcoming and shall record a finding whether a person is a young offender or not, stating his age as nearly as may be.
(2) No order of a Competent Court shall be deemed to have become invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a young offender and the age recorded by the Competent Court to be the age of the person so brought before it, shall for the purposes of this Act, be deemed to be the true age of that person.
Section31 Power to make rules
(1)The State Government may, by notification, after previous publication, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely.
(a)regulation, control and management of any Borstal School established under this Act;
(b)the appointment, powers and duties of officials in such Schools;
(c)the constitution, power and duties of Visiting Committees;
(d)the classification, control, discipline, training, instruction and treatment of young offenders ordered to be detained in a Borstal School and for the temporary detention of such offenders until arrangements can be made for sending them to such school;
(e)the regulation of visits to, and communications with offenders detained in such school;
(f)the restriction or prohibition of the supply to or possession by offenders detained in such school of any specified articles or kinds of articles;
(g)the period for which offenders or any class or classes of offenders may, within the limits fixed by this Act, be ordered to be detained in such school;
(h)the class or classes (if any) of offenders, who shall not be ordered to be detained in such school;
(i)the removal of offenders to Borstal Schools in other States and the reception and detention in a Borstal School established under this Act of offenders transferred from other States in India;
(j)the form and conditions of licenses granted under Section 15;
(k)the supervision of offenders after the expiration of the term of their detention;
(l)the transfer of incorrigible offenders from a Borstal School to a prison;
(m)the conditions on which an offender may be discharged under Section 19;
(n)the constitution, procedure, powers and duties of Investigating Committees;
(o)the manner of detention of an young offender under arrest or remanded or committed for trial.
(3) Every rule made under this section shall be laid as soon as may after it is made, before each House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section32 Repeal and savings
The Mysore Borstal Schools Act, 1943 (Mysore Act XLVI of 1943), as in force in the Mysore Area, the Hyderabad Borstal Schools Act, 1956 (Hyderabad Act XV of 1956), as in force in the Hyderabad Area, the Bombay Borstal Schools Act, 1929 (Bombay Act XVIII of 1929), as in force in the Bombay Area, and the Madras Borstal School Act, 1926 (Madras Act V of 1926), as in force in the Madras Area, are hereby repealed:
Provided that Section 6 of the Mysore General Clauses Act, 1899 (Mysore Act III of 1899), shall be applicable in respect of such repeal and Section 8 and Section 24 of the said Act shall be applicable as if the said enactments are repealed and re-enacted by this Act.
RULE
KARNATAKA BORSTAL SCHOOLS RULES, 1969
In exercise of the powers conferred by Section 31 of the Karnataka Borstal Schools Act, 1963 (Karnataka Act 24 of 1964), the Government of Karnataka is hereby makes the following rules, the draft of the said rules having been previously published as required by sub-section (1) of the said section in Notification No. GSR 300 (HD 8 PRH 66), dated 18th August, 1969 published in Part IV Section 2-C(i) of the Karnataka Gazette, dated 28th August, 1969, namely
Rule1 Title
These rules may be called as the Karnataka Borstal Schools Rules, 1969.
Rule2 Definitions
In these rules unless the context otherwise requires.
(i)The "Act" means the Karnataka Borstal Schools Act, 1963;
(ii)"Form" means a form appended to these rules;
(iii)"Superintendent" means the Superintendent of the Borstal School;
(iv)"School" means the Borstal School.
Rule3 Appointment of Superintendent and other officials
The State Government shall appoint a Superintendent and such other officials of the school as it deems fit.
Rule4 Certain persons not to be ordered to be detained in a School
Young offenders found guilty of an offence under Sections 354, 366, 376, 377, 493, 497 and 498 of the Indian Penal Code, shall not be ordered to be detained in a School.
Rule5 Transfer from one Borstal School to another by the Inspector-General
The Inspector General may transfer an young offender detained in a school to another school on grounds of discipline.
Rule6 Examination on admission
An young offender on admission shall be subjected to a psychological examination by the Superintendent who shall record his findings in the School individual record. The assistance of any Psychologist if available may be taken by the Superintendent.
Rule7 Medical Examination
The Medical Officer of the School 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 prescribed by the Inspector-General from time to time. He shall bring to the notice of the Superintendent, without delay any matter of importance affecting the health of the inmate for such action as may seem called for.
Rule8 Report regarding inmate unfit for Borstal Training
The Superintendent shall, without delay report to the Inspector-General of Prisons the case of any inmate who, in the opinion of the Medical Officer is unfit for borstal training. The Inspector-General may thereupon decide whether he should be transferred to a prison.
Rule9 House System and Classification and treatment of inmates
(1)Each School shall be divided into Houses.
(2)Each house 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.
(3) Each house shall have a House Master or a Teacher of the School. A petty Officer may assist each House Master or Teacher.
Rule10 Responsibilities of House Master or Teacher
The house master or teacher and his assistant, shall be responsible to the Superintendent for.
(a)the tone and general behaviour of the house;
(b)the training of each inmate the house;
(c)the cleanliness of the ward, rooms, clothing and bedding and their being kept in good order and repair; and
(d)the proper distribution of food among the inmates.
Rule11 Group Monitor
(1) Each house shall be divided into groups care being taken to see that neither the best nor the worst inmates are concentrated in one group.
(2) Each group will be under a monitor who shall be selected by the house master or teacher from the ranks of each group. The monitor shall wear a distinguishing mark.
Rule12 Head Monitor
The Superintendent shall select from the monitors a head monitor for each house. The head monitor shall be in addition to group monitors and shall wear a special badge on the chest on the left side.
Rule13 Ordinary Grade
Every inmate shall remain in the ordinary grade in which he is placed on reception in the school, for at least six months. He shall, during such period, be employed on manual labour, suited to his physical condition. He shall be carefully observed by the staff with special reference to his character, mental disposition, and fitness for special training. He shall, subject to good behaviour, be permitted to take part in games.
Rule14 Promotion to Star Grade
(1) A daily record of conduct and industry of each inmate in the ordinary grade shall be kept.
(2) A register shall be kept for this purpose in which shall be recorded day-to-day the number of marks allotted to each inmate. The marks shall be allotted for each day as follows. Marks Very good.....3 Good.....2 Fair.....1 Bad.....Nil The register shall be examined by the Superintendent once a week.
(3) Full marks for a month of 28 working days shall be calculated at 84. The Superintendent shall have the power in deserving cases, to add 16 marks to the said marks so as to make the monthly maximum at 100 marks.
(4) An inmate in the ordinary grade shall be required to earn at least 500 marks, before he can be promoted to Star Grade. If he is required to remain for more than six months in the ordinary grade, the number of marks to be obtained by him for promotion shall be increased by such number as the Superintendent may consider necessary, having in view the provisions of sub-section (5) of Section 24 of the Act.
Rule15 Star Grade
An inmate promoted to the Star Grade shall be placed in a trade suitable to his individual taste and capacity.
Rule16 Special Star Grade
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 be safely placed in a position of special trust. An inmate promoted to the Special Star Grade may be placed in authority over other inmates on parades, in workshops, playgrounds, or in other situations, where he can assist the administration in various capacities. Such inmates may also act as monitors in different capacities. Inmates in the Special Star Grade shall wear a distinctive dress.
Rule17 Badge Money
(a) An inmate in the Star Grade shall be eligible to earn badge money at 11. Substituted for the words "rupee one" by GSR 204, dated 4-6-1971 [rupees two] per quarter and an inmate in the Special Star Grade at 22. Substituted for the words "rupee three" by GSR 204, dated 4-6-1971 [rupees six] per quarter for exemplary conduct and work.
(b) All badge money shall be allowed to accrue to the account of the inmate and shall be paid to him on discharge. The amount shall be credited to the inmate's account at the end of the month and the entries shall be attested by the Superintendent or Deputy Superintendent;
(c) Badge money shall not be given to an inmate for the month in which his conduct does not continue to be exemplary;
(d) Badge money shall be allowed to accrue from the 1st of the month following the date of promotion unless it happens to be on the first itself;
(e) 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;
(f) Badge money may be spent by the inmate on objects approved by the Superintendent or be invested in the local savings bank.
Rule18 Permission to inmates to take part in sports etc.
The Superintendent shall, to such extent as he considers suitable, permit inmates in the Star and Special Star Grades, to take part in games, to go out to scout camps and to compete in Athletic sports and tournaments held in the District, outside the District with the prior sanction of Inspector-General of Prisons.
Rule19 Route march by inmates
Inmates in the Star and Special Star Grades shall be taken on route marches once a month.
Rule20 Penal Grade work
An inmate in the penal grade shall be employed on hard work.
Rule21 Reduction to penal grade
The Superintendent may reduce for such periods as he consider necessary, any inmate to the penal grade 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 3 months without 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.
Rule22 Privileges
11. Sub-rule (1) substituted by GSR 204, dated 4-6-1971
(1)An inmate shall be permitted to write at Government cost to any member of his family or friend one letter on reception]
(2) Thereafter he shall be permitted to write during every fortnight of his detention in the School, two letters one at the cost of Government and one at his own cost.
(3) An inmate shall be permitted to have an interview with his relatives or friends every fortnight.
Rule23 Provision regarding correspondence and interviews
(1) The Superintendent at his discretion may allow special visits. Every facility shall be given to accredited legal advisers for interview in connection with any appeal against the order of detention.
(2) No letter shall be delivered to or sent by an inmate unless the Superintendent has satisfied himself that its transmission is unobjectionable.
(3) Intimation of death or serious illness of inmates shall be given to the parents if their address is known or if not known to the nearest relatives or friend whose address is known. The Superintendent shall answer any inquiries made by the parents or nearest relatives or friend of the inmates about health, welfare and progress of the inmates.
(4) On admission, a printed card shall be sent at Government cost to the inmates family. This card should contain information regarding (i) inmates institutional number and address, (ii) brief summary of rules regarding privileges of the inmates.
(5) On initial admission, an inmate may be asked to give a list of persons who are likely to come for interviewing him, as well as a list of persons with whom he is likely to correspond during his term.
(6) The duration of interview may normally be upto twenty minutes which may be extended at the discretion of the Superintendent.
(7) Interviews shall not be granted on Sundays and School Holidays. But the Superintendent, at his discretion may allow interviews on Sundays and School holidays under very exceptional circumstances for reasons to be recorded in an appropriate register. Timings of interview shall be notified on the front gate of the School.
(8) Interviews shall be conducted in a specified place within the hearing and sight of school authorities. The officer on duty has the right to discontinue the interview if objectionable matters are discussed.-
(i) The persons of the inmates shall be thoroughly searched before and after the interview.
Rule24 Provisions regarding discipline personal supervision
(1) The Superintendent shall exercises a close and constant personal supervision over the school. He shall daily visit and inspect all parts of the school where inmates work or live and shall give special attention to every inmate who is in Hospital as an in-patient.
(2) Atleast once in a fortnight, the Superintendent shall visit the School during the night and satisfy himself that everything is in order.
Rule25 Restriction on use of force against inmate
(1) In dealing with an inmate, no officer shall use more force than what is necessary. No officer shall act in a manner calculated to provoke or annoy an inmate.
(2) If the Superintendent is satisfied that the behaviour of an inmate is such that in the interest of his own training or for the good of the other inmates he should be temporarily removed from the normal community life, he may order the removal of the inmate from his house for a limited period. The inmate so removed may be accommodated in a separate room under such restriction regarding association and privileges as the Superintendent may consider necessary.
Rule26 Investigation into offences
Every offence against discipline shall be reported to the Superintendent who shall investigate into the same as early as possible.
Rule27 Report regarding incorrigible inmate
If the Superintendent is of opinion that an inmate is incorrigible or is likely to exercise a bad influence on the other inmates of the School, or has been convicted of escape or has committed any of the offences, he shall report the case to the Inspector-General.
Rule28 Daily routine and hours of work
(1) All inmates, provided they are medically fit shall be required to engage in drill, study and work for eight hours on 11. Sub-rule (5) substituted by GSR 204, dated 4-6-1971 [every working day].
(2)The following routine shall be observed in the school:- 5.30 a.m. to 6.00 a.m.
Toilet, meditation, preparation for unlocking, counting, search and leaving the barracks.
6.00 a.m. to 6.30 a.m.
Visit to latrines, Bath, morning prayers.
6.30 a.m. to 7.30 a.m.
Parade, and Physical training.
7.30a.m. to 8.00 a.m.
Light morning meal (Ganji).
8.00a.m. to 11. 30a.m.
Work sheds, Agricultural training, Education Classes.
11.30a.m. to 1.00 p.m.
Midday Meal and rest.
1.00 p.m. to 3.30 p.m.
Work sheds, Agricultural and other training.
3.30 p.m. to 4.30 p.m.
Recreation and games.
4.30 p.m. to 5.30 p.m.
Wash, Social Education.
5.30 p.m. to 6.00 p.m.
Evening Meal.
6.00 p.m. to 9.30 p.m.
Newspapers, books, Radio, Cultural activities and Lockup search, counting, meditation.
9.30 p.m.
To bed.
According to seasonal conditions the Superintendent may modify the evening programmes after 3.30 p.m. to such extent as he considers necessary.
Rule29 Literary instruction
(1) Literary instruction shall be given to an inmate in his own language and limited ordinarily to elements of reading, writing and arithmetic and general knowledge.
(2) An inmate shall attend school from the date of his admission during the periods fixed by the Superintendent.
(3) In special cases where an inmate studies for a public examination, he may be permitted to attend school upto a maximum of five hours a day. Every inmate shall be examined by the House Master or teacher at the end of every six months and the marks obtained and position in class, recorded in School Individual record.
(4) Intelligent inmates who have satisfactorily completed Borstal Standard of 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.
(5) Education classes shall be inspected annually by an Officer of the Education Department.
(6) A certificate in Form II shall be given to an inmate discharged from the School, to assist him to find suitable employment.
(7) Monitors who, in the opinion of the Superintendent are sufficiently educated for the purpose, may be employed in the classes to assist the teachers.
Rule30 Failure to attain literacy
When an inmate fails to profit by instruction in Education, the Superintendent may exempt such inmate from attending the classes and his time suitably utilised in other suitable work.
Rule31 Library
(1) 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.
(2) Newspapers, weekly and monthly periodicals in the languages known to the inmates may also be provided.
Rule32 Educational standard
Minimum standards for Educational programmes may be as per the curricula approved from time to time by the Department of Education upto and inclusive of tenth standard (S.S.L.C.).
Rule33 Vocational Training
Inmates shall not be allowed to change their work except for very special reasons. Any transfer from one form of training to another must be approved by the Superintendent.
Rule34 Vocational Instructions
Each inmate shall be given vocational instruction for five hours daily which shall include at least two hours instructions per week in the theory of the subject. Each instructor shall, enter in the school individual progress record, once in six months, the progress of each inmate in his charge by award of marks.
Rule35 Training in First-aid, etc.
(1) Out of the periods allotted for vocational training, and literary education two hours per week shall be utilised for giving training in Ambulance First-aid and scouting instruction in first-aid and ambulance shall be given by the Medical authorities of the School.
(2) Inmates selected for scout training shall be provided with scout uniform at Government cost.
(3) The Superintendent should select from among teachers and instructors suitable individuals to undergo a Course of training in scouting to enable them to impart training to the inmates efficiently. Teachers or instructors so selected shall be provided with scout uniform at Government cost.
(4) Inmates permitted to take part in camps and scout activities outside the school may be granted leave not exceeding ten days in a year for the purpose.
11. Sub-rule (5) substituted by GSR 204, dated 4-6-1971
[(5) Inmates may be given training in Fire fighting, Rescue work, National Cadet Corps and Home Guards once a week by the trained personnel from the Fire Service Department, National Cadet Corps and Home Guards at such time as may be fixed by the Superintendent].
Rule36 Sports and Games
(1) The Superintendent shall arrange for holding annual sports and for distribution of prizes.
(2) Inmates may be allowed to play matches against outstation teams and to complete for districts sports and tournament. Uniform for the participants may be provided at Government cost.
Rule37 Moral Instructions
Moral instructions on general ethics and Social Hygiene may be imparted to the inmates by instructors appointed by the Inspector-General.
Rule38 Cultural Activities
11. Rule 38 substituted by GSR 204, dated 4-6-1971 The film shows of educative value and imparting morals may be exhibited in the School. Dramas intended to inculcate good morals in the minds of the inmates may be staged by them. Inmates may be allowed to develop their inmate artistic talents like painting, drawing, wood carving, fretwork etc., by affording necessary facilities].
Rule39 Courts to forward copies of judgment, etc., to Superintendent
The Courts empowered to pass orders of detention under Section 5 of the Act shall forward to the Superintendent of the School as soon as possible. A copy of the judgment and detailed information from the probation officer regarding parentage, previous history, occupation, age of the offender in Form III.
Rule40 Chairman of the meeting and quorum
22. Rule 40 substituted by GSR 204, dated 4-6-1971
(1) The Sessions Judge shall be the Chairman of the Visiting Committee and in his absence members present at the meeting shall elect one amongst themselves to act as Chairman. The quorum for every meeting of the Visiting Committee shall be three].
Rule40A Non-official members of the Visiting Committee
33. Rule 41-A inserted by GSR 204, dated 4-6-1971 Persons who are in the field of social work arid who are interested in the establishment and administration of Borstal Schools and in the rehabilitation of young offenders released from a Borstal School may be appointed as non-official members of the Visiting Committee].
Rule41 Proceedings of the Visiting Committee
A copy of the proceedings of each meeting of the Visiting Committee and also of the remarks recorded by the members of the Visiting Committee at the time of their visit shall be sent to the Inspector-General with such remarks as the Superintendent may desire to offer any explanation or otherwise.
Rule42 Duties of Superintendent
44. Rule 42 substituted by GSR 204, dated 4-6-1971
(1) The Superintendent shall give effect to every resolution of the Visiting Committee which is in accordance with the provisions of the Act and these rules. If in the opinion of the Superintendent any resolution is inconsistent with the Act or these rules or if it is inexpedient to give effect to any such resolution, he shall obtain the
(2) The Superintendent shall.
(a) bring to the notice of the Visiting Committee.
(i) the cases of all inmates falling within the scope of Section 15 of the Act;
(ii) the case of all inmates who, owing to mental deficiency, are unfit for Borstal Training; and
(b) advise the Visiting Committee on the merits of each case].
Rule43 .
11. Rule 43 omitted by GSR 204, dated 4-6-1971
Rule44 Notice of release of inmate to parent or guardian or friend
Whenever an inmate of the School is proposed to be released on licence under sub-section (1) of Section 15 of the Act or is proposed to be discharged from such school, the Superintendent shall, 22. Substituted for the words "well in advance" by GSR 204, dated 4-6-1971 [ten days in advance] of the date of such release or discharge, send a notice to the parent or guardian or friend of the inmate to receive such inmate on the date of release or discharge at the premises of the School:
Provided that when such parent or guardian or friend fails to appear at the premises of the School to receive the inmate, shall be accompanied by a member of the School to the place of the destination of the inmate.
Rule45 Form of licence under sub-section (1) of Section 15
The licence granted under sub-section (1) of Section 15 of Karnataka Borstal Schools Act, 1963 shall be in Form IV.
Rule46 Preliminary enquiry
In the case of inmates whom the visiting committee proposes to recommend for release on licence under sub-section (i) of Section 15 of the Act the Superintendent shall, not less than six weeks before each meeting of the visiting committee, forward to the District Probation Officer of the District, the names of such inmates, the particulars of the vocational training undergone by them, and the kind of work suitable for them, to enable the probation officer to make necessary enquiries and shall place the information so obtained before the Visiting Committee.
Rule47 Report by probation officer
If at any time during period of licence, a probation officer under whose care an inmate is placed, is of opinion that the inmate has not made any effort to show progress in his work or finds that his conduct is not satisfactory, he shall report the matter to the Superintendent, who in turn shall immediately report to the Inspector-General for his orders.
Rule48 Cancellation of licence in the event of unfitness or incapacity of inmate
If an offender to whom a licence has been granted becomes unfit or incapacitated to leave the School whether due to disease or otherwise, his licence shall be cancelled by the Inspector-General, provided that such licence shall be kept alive with the Superintendent if in the opinion of the visiting committee such unfitness or incapacity is of a temporary duration.
Rule49 Escapee not to be licensed unless specially recommended
Unless specially recommended by the Visiting Committee no inmate who escaped or attempted to escape from a School or from Supervision will be licensed.
Rule50 Report of Superintendent to Probation Officer in anticipation of release of inmate
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 District Probation Officer. The inmate on release shall be furnished with a letter to the Probation Officer with direction to go to him for help, guidance when he reaches his native place.
Rule51 Duties of District Probation Officer
11. Rule 51 substituted by GSR 204, dated 4-6-1971 The District Probation Officer, shall.
(i) supervise for a period of one year, every inmate discharged from Borstal School;
(ii) visit every inmate discharged from Borstal School and receive visits from such inmate at reasonable intervals to advise and assist him;
(iii) help every inmate discharged from Borstal School to make good use of the training given to him in the school and whenever necessary endeavour to find him a suitable employment;
(iv) during a period of one year after discharge from Borstal School send quarterly reports about the progress and behaviour of such inmate to the Superintendent of the School and to the Inspector General;
(v) send monthly reports to the Superintendent of the School and to the Inspector General about the inmates released on licence till the period of licence is over and thereafter quarterly reports for one year as in the case of inmates discharged from Borstal School].
Rule52 Register of licences
A register of licences shall be maintained by the Superintendent and shall be laid before the Visiting Committee atleast once in every three months.
Rule53 Clothing and Bedding
(1) Every inmate shall on admission into the school be provided with two suits one new and another part worn if available. No article of clothing which has been worn by one inmate shall be issued to another unless it has been washed and disinfected.
(2) In addition to the above each inmate on admission shall be provided with a coloured sports dress which may be either new or partly worn. The period of wear of such suit is two years.
(3) Every inmate in the band set of the School shall be provided with the following uniform namely.
(i) White coat;
(ii) Long trousers;
(iii) Cap with facings and trimmings and green collar and
(iv) footwear.
(4) The clothing of inmates in the ordinary grade in the Star Grade shall be made out of Jail made white cloth while that of inmates in the Special Star Grade shall be stitched out of Khaki drill cloth.
Rule54 Scale of Clothing and Bedding
(1) The clothing and bedding of inmates shall be as specified in the Table below. The period of renewal is also given in the last column.
SL. No.
Name of article
Number
Period of Renewal
1.
White oblong caps
2
2.
Light Sky Blue Colour half shirts with open collar and three buttons in front and a pocket on the left chest.
2
3.
Navy Blue Drill Shirts
2
One year
4.
White Pyjamas
2
5.
Plain grey cotton white Towel 4' x 2' (122 cms x 61 cm).
2
6.
Ordinary cumbly (198 cms x 100 cms)
1
Two years
7.
Cotton carpet (198 cms x 100 cms)
1
Three years
8.
Comb.
1
Once in six months
Eating and Drinking Vessels
1.
Aluminium plate
1
2.
Aluminium pot
1
One year
3.
Aluminium kotora
1
(2) The inmates may be allowed to wear underwear and banians at their cost.
(3) The Star Grade and Special Star Grade inmates will however wear one and two brass Stars respectively on the left chest on the half shirts.
(4) The first letter of the house to which an inmate belongs may be put on the shirt in front.
(5) Monitors shall have two cores "V" shape on the left arm sleeve of the half shirt.
Rule55 Holidays
The School shall observe as general holidays all Sundays and the following namely.
(i) New Year's Day.
(ii) Republic Day.
(iii) Mahashivarathri.
(iv) Lunar New Year's Day.
(v) Independence Day.
(vi) Ganesha Chathurthi.
(vii) Gandhi Jayanthi.
(via) Mahalaya Amavasya.
(ix) Ayudha Pooja.
(x) Last day of Moharam.
(xi) Christmas Day.
(xii) Deepavali.
(xiii) Gokulashtami.
(xiv) Ramzan Id.
(xv) Bakrid.
Rule56 Canteen
Every school shall have a canteen for the benefit of the inmates tinder the general supervision of the Superintendent. It shall be opened during such hours as the Superintendent may direct. The canteen shall deal in stationery and toilet articles for which there will be general demand from the inmates.
Rule57 Statistics and returns
(1) The Superintendent shall be responsible for the maintenance of records and registers and for the preparations and submission of reports and returns as may be directed by the Inspector-General from time to time.
(2) He shall submit to the Inspector-General every year in such form as the latter may direct not later than 31st July a report on the administration of the School for the preceding year.
Rule58 Report and records to be maintained regarding death, illness of inmate
(1) The Medical Officer of the school shall keep a record of death of any inmate which shall include particulars relating to the time the deceased was taken ill, when the illness was first noticed by him, the nature of illness, the time of death, and the treatment given to the deceased.
(2) A report on the death of any inmate shall be sent to the Inspector-General by the Superintendent immediately.
Rule59 Diet of inmates
Inmates shall have diet in accordance with the following scales and instructions.
Rule60 Form of Licence
The written licence under sub-section (1) of Section 15 with the conditions shall be in Form V.
Rule61 Repeal and Savings
All rules corresponding to the foregoing rules framed under any enactment repealed by Section 32 of the Act are hereby repealed:
Provided that the repeal shall not affect.
(a) the previous operation or the rules so repealed or anything duly done or suffered thereunder, or
(b) any right, privilege, obligation, or liability, acquired, accrued or incurred under any rules so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offences committed against any rule so repealed, or
(d) any investigation or legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if such rules have not been repealed:
Provided further that subject to the preceding proviso anything done or any action taken (including any appointment or delegation made, notification, order, instructions or directions issued, Form, Certificates, obtained, permit or pass or licence granted or registration effected) under any such rule shall be deemed to have been done or taken under the corresponding provisions of these rules and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the Act or these rules as the case may be.
APPENDIX 1 Borstal School Individual record and inquiry form
FORM I
Borstal School Individual record and inquiry form
[See Rule 7]
1. Personal particulars
(a) Name with aliases
(b) Age, Sex, Nationality
(c) Residence
(d) Register No.
2. Sentence
(a) Offence
(b) Date of Judgment
(c) Period of detention
(d) Name of detaining Court
3. Age as per warrant
4. Previous record
(a) Number of previous conviction if any
(b) Details of previous institutional treatment
(c) Period undergone upto
(d) Date of release
5. Family circumstances
(a) Name and address of guardian
(b) Reason and Date of leaving native place
(c) If, married, name, age, address slips
6. Report of House Master (in consultation with teacher and Instructor)
(a) Any special feature in character and conduct
(b) Proficiency in school standard reached
(c) Proficiency in trade
(d) Proficiency in games
Date: Signature
7. Medical Officer's Report on Heath and Mental condition. Date:
Date:Signature
8. Opinion of the Visiting Committee
Date:.. ..Signature
APPENDIX 2 Certificate of Discharge
FORM II
[See Rule 29(6)]
Certificate of Discharge
I hereby certify that inmate No.............Name..................................has been discharged from this school on..................after....................
Standard of Education
Manual or other training received
Superintendent's opinion as to character.
Industry and ability.
..............................Borstal School.
Superintendent.
APPENDIX 3 Form of order of detention in Borstal School
FORM III
[See Rule 39]
Form of order of detention in Borstal School
In the Court of.....................................................
Case No..................................of....................
To
The Superintendent,
Borstal School,
..
Whereas............................ [son/daughter/wife] of .....................aged............offender in case No....................of..................was convicted on ...................... by me .................................. Magistrate of ................. of the offence of ......................... and after due enquiry I am satisfied that it is expedient to send [him/her] to a Borstal School, this is to authorise and require you the said Superintendent to receive the said.......................into the Borstal School and there keep [him/her] .............. years/or until [he/she] attains the age of 23 years.
1. The distance from the native place of the offender (.....................)to the nearest railway station is.............Kilometres.
2. Details of property on the offender's person.
3. Descriptive roll of the offender:
(a) Name
(b) [Father's/Husband's name]
(c) Sex, married or single.
(d) Race, religion, nationality.
(e) Previous occupation, if any.
(f) Age.
(g) Descriptive marks.
Given under my hand and seal of this Court this................
Seal..Magistrate/Judge.
APPENDIX 4 Order of Release on Licence
FORM IV
[See Rule 45]
Order of Release on Licence
I........................................Inspector-General of Prisons, Bangalore, do by this licence permit .................... [son/daughter/wife] of ....................................... aged ............... years ............. months and resident .............................. Village ................... Taluk ......................... District.................... who was ordered to be detained in Borstal School by.....................(mention the Court)....................having been convicted under Section ............... and sentenced to be detained in a Borstal School for a term of..................on the.................day of................19...........and who is now detained in the Borstal School..........................to be placed under the care, supervision and authority of................during the remaining portion of the aforesaid period of detention.
This licence is granted subject to the following conditions upon the breach of any of which it is liable to be revoked.
Inspector General of Prisons,
Bangalore.
Conditions
1. The licensee shall proceed to.........................and live under the care, supervision and authority of..................... (mention the probation officer) until the expiry of the term for which [he/she] was ordered to be detained in the BorstalSchool unless the licence is sooner revoked.
2. During the aforesaid period the licensee shall not.
(a) change [his/her] address without the consent of the said probation officer.
(b) [he/she] shall carry out such instructions as 5[he/she] may receive with regard to punctual and regular attendance at the place of employment or otherwise.
(c) [he/she] shall not violate any law and shall lead a sober and industrious life to the satisfaction of the said or probation officer.
(d) [he/she] shall not associate with persons of the bad character.
(e) [he/she] shall be of good conduct.
I do hereby agree to abide by the above conditions and if I violate any of them, the licence may be revoked by the Inspector-General of Prisons under Section..............of the Act either of his own accord or at the request of the said probation officer and upon revocation of the licence I shall be liable to be sent back to the School at...........................to be detained until the expiry of the term for which I was ordered to be detained.
I hereby acknowledge that I am aware of the above conditions which have been explained to me.
Signature of the Inmate.
Certified that the above conditions were explained to the inmate and accepted by [him/her] in my presence.
Witness:
1.
2.
Signature of the Superintendent.
Certified that the inmate named in the above order for discharge on licence has been discharged on....................
Superintendent.
APPENDIX 5 FORM
FORM V
[See Rule 70]
Nominal Roll of the inmates detained in the Borstal
School .......................... whose details are to be furnished to the Inspector-General.
RegisterNo.
Name
Date of Transfer
Received from
Place of residence
Lives under the
Date of sentence and
Guardianship of
period of detention
(1)
(2)
(3)
(4)
(5)
(6)
(7)
..
Superitendent
Borstal School.
