DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Borstal Schools Act, 1925
Act 5 of 1926
Keyword(s):
Adolescent Offender, Borstal School, Inspector General, Probation Officer Amendments appended: 13 of 1989, 50 of 1994
1
THE TTAMlLNADU BORSSAL SCHOOLS Am
1925.
TABLE OF CONTENTS.
P R W E .
PART I.
1. Short title. I
3. Establishment of Borstal schools. I
4. Rules.
5. Application of the Prisons Act, 1894, and tho Prisoners Act, 1900.
6. Courts empowered under this Act.
7. Procedure when Magistrate is not empowered to pass sentence under this Act. I
PART 11. 1
8. Power of Court to pass sentence of detention in Borstal school.
9. Limitation on powers conferred by section 8.
10. Power of Inspector-General to transfer prisoners
to Borstal school. 10-A. Power of State Governmmt to transfer offenders sentenced to transportation to Borstal schools.
2
1 l a R~mnva l from one school to another.
cr-- - - -
SEICTIONS.
1 1 . Preliminary inquiry and finding as to age of adolescent offender.
12. Government to determine the Borstal school to which adolescent offender shall be sent.
I
1 J. .."..'-- -- --
13-A. Reception of offender! frorn, and transfer of offenders to, other States in India. , !
19. Absence under licence to be caunted towards , i period of detention. 1 /
< '
I i
PART III-A. 19-A. Management of Borstal schools.
19-B. Constitution, powers and duties of Visi~irlq Committees.
19-C. Classification of inmates.
19-D. Punishments for offences.
19-E, Limitation of hours of work.
3
APPEAL AND R S m O N *
20. Appeal and revision.
PART V.
M~SCRLLANISOUS.
21. Minimum agclimit of adolescents in areas to
which the Tamil Nadu Children Act,1920, has not been extended,
21-A. Power of State ,Government to discharge 22, Removal of disqualification attachiw to convictions for offences.
_ ^ _ _ . _ _ _ _ _ _ . I,*.Y .I, . , . A+.--.> "... ......
4
. l[TAMIL NADU] ACT No. V OF 1926.'
[Tar! '[TAMIL NADU] BORSTAL SCHOOLS ACT, 1925.1 (Beceived rhe assent of the Governor on the 22nd February 1926, and that of the Governor-General on the 5th July 1926 ; the assent of the Governor- General was jirst published in the Fort St. George Gazette of the 20th July 1926.)
An Act to make provision for the establishment and regulation of Borstal schools for the detention and training of adolescent offenders.
Preanlble
WHER-s it is expedient to make provision for the establishment and regulation of Borstnl schools in the *[State of Tamil Nadu] for the detention and training of adolescent offenders therein; and WHEREAS the previous sanction of the Governor-General under
.- ---- -
I These words were substituted for the word "Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, a$ amended by the Tamll Nadu Adaptat~on of Laws (Second An~endment) Order, 1969, wh~ch came into form on the 14th January 1969. * For Statement of Objects and Reasons, ree Fort St. Ccorrc
Gazette, Part N, dated the 17th March 1925, pagcs 98-99 : for Report of the Select Committee, see Appendix TV, pagcs 355 365
of Volume ;I(Xy of the Madras Legislative Council I'roceeding~ :
for Proceedings ~n Counc~l, sre PI oceedingq, dated the 19th and the 20th Auyst 1925. pages 249, 254, 356-362 of Voluinc XXIV, {bid : dated the 16th and the 17th December 1925, p:lgcs 3 12-346,
397-435 of Volume XXVI, ibW.
This Act was extended to the merged State of Pudukkottai by section 3 of, and the F i s t Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949).
This Act was extended to the Kanyakumari district and thc Shencbttah taluk of the Tirunelveli district by section 3 of. and the Schedule to, the Tamll Nadu (Transferred Territory) Extcmion of Laws Act, 1957 (Tamil Nadu Act XXII of 1957) repealing the cor- responding law in force in that territory.
So much of this Act as was in force on the date of thccomn~encc- ment of the Tamil Nadu (Added Territories) Extension of Laws Act, 1962 (Tamil Nadu Act 14 of 1962) in the State of Madraq except
jn the added tmitorics was extended to tt'e added territorier by section 3 of, and the First Schcdulc to, (he latter Act.
This expression was substituted for the exprcssion Presidency of Madras" by the Tamit Nadu Adaptation of Laws Order, 1970,
which wasdsemed to hqvecomeinto force on the 141 h January 1969.
5
of this Act ; It is hereby enacted a
PART I,
1. (1) This Act may b: called the " '[Tam- Nadul Short Borital Schools Act, 1925 ".
(2) The '[State Government] may, by notifi- catarm, from time to time, apply the whole or any
04 the provisions of this Act to adolescent offenders 4 or any class thereof in any local area in the '[State of Tamil Nadul, from such date as may be sp ,ded in the notification and may cancel or modify such notifi- cation.
Defiaidonr. 2. In this Act, unless thcrc is anything repugnant in the subjcct cr context-
(1) l'Adolesccnt offender " means any person
who has been convioted of any offence punishable with imprisonment or who having been ordered to give security under section 1 18 of the Code of Criminal Procedure* has failed to 30 so and who at the time of such conviction or failure to give security is ' [not less than 181 nor more than 2 1 years of age ; i -----_________ --_ _ --
I These words were substituted for the word " Madraq " by the Tamil N'idu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969. !
1 The words " Provincial Oovernmeat " were substituted for the words " LociiI Government " by the Ada~taticn 0.dn of 1937 and the word State" was substituted for Provincial" by the
Adaptation Order of 1950.
a This expressi~m was substituted for the expression ** Presi- dency of Madras " by the Tamil Nadu Adaptation of am Order, 1970. which was deemed to have come into force on the
14th January 1969.
These words and Bgures were substituted for the words rind
~r f i g ~ h s " not less than 16'' by section 2 (i) of tho Tamil Nadu B o n r ~
s* Schoob (Amendment) Act. 1959 (Tamil Nadu Act 15 of 19591.
$ '- the Code of Criminal Procedure, 1973 (Central Act $2,
2 or WQ, secti00 117.
6
1926 : T.N. Act V] Borstal SchooXs
(2) '' Borstal school " is a corrective insti- tution wherein adolescent offenders, whilst detained in pursuance of this Act, are given swh industrial training and other instruction and are, subjected to such disciplewry 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.
'[(4) 'Probation Officer' maas a person appointed to be a Probatign Officer unds the ?Tamil Nadu] Probation of Offenders Act, I936 C[Tamif. Nadu] Act I11 of 1937), or under the Robation of Offenders Act, 1958 (Central Act 20 of 1958).]
3. (1) For the purposes of this Ack, the '[State Establishment t', Government] may establish one or rnore Borstal of Borstal schools. I
schools. i
(2) For every Borstal school a Visiting Com- I t I mittee shall be appointed by the '[State Government].
4. (1) The '[State Government'] may 4r * * ~ u l e s ,
* * 1 make rules for the purposes of carrying into effect the provisions of this Act.
1 The words " Provincial Government " were substituted for the words "LO?( Government " by the Adaq!ation Order of 1937
and the word State" was substituted for Provincial " by tho Adaptation Ordtr of 1950.
a Thisclause was substituted by section 2 (ii) of the Tamil Nadu Borstal Schools(Amendment) Act, 1959 (Tamil Nadu Act 15 of 1959). These words were substituted for the word "Madrasw by the Tamil N ~ d u Ad-iptation of Laws Order, 1969, a9 amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,I I
1969. 1
4 The words "after previous publication '* were omitted hy section 3 (i) of the Tamil Nadu Borstal Schools (Amendmenit) Act
1959 (Tamil Nadu Act 15 of 1959).
7
(2) In part id^ anli without prejudim to the generality of the f o r m power, such rubs may be made with regard to-
'[(a)] the appointment, powers' and duties of officials in such school7 :
'[(b)] the '[ . . ] treatment, maintenance, education, ' rprofessional. vocational or technical training] and control of the inmates; 'Nc) the grant of pcrmission to the inmates to absent themselves for short periods ; (4 yi_sits &o and comm~~nications with the inmates ; '( 11
(e) the temporary detention of adolescent ofTcn3ers until arrangement5 can be made for send;~tp then? to Borst:~l schoois ;
'r( 7) the powera :111ci dutieq of pro bation
oficcrs under this Act.]
(3) All rules m'lrlc un 1 .. thi\ Act '[ . . . ] shall b: puhlishetl in the ' 1 Oficial Gazette! and on
such publication shall 11:lvc effect as if enacted in thif Act. . - - - - . - - - - - - -
I O*iyn, l cl t c ~ \ c . \ ( ( 1 ) .twI ( 1 9 o r , t ~ b - \ ~ ~ t i o t ~ (2) wcrr otllitted and the oti,:~q~l cl.!u\c\ (1)) tntl (11) uferc tc-let~e~.ttl its clnuwc (0) and (h)
lc, l ,cct~+cl~ hv\rctlon :! ftr)(o) ortlle kt 1ItlrI~\ R O I ~ I A I %hoi)Is (Amend-
ment) ~ c t : 10lG (Rl,td~.ru Act XIX ol' 10x6).
"'Tl~c \\ottl " c l . t s ~ I t ~ ,I I t ~ M r i ; olnitted !'!, zcction 2. ~~~) ( b ) ,
ihirl.
8 rlr:cc wold\ rvoc > ~ ' h t ~ t t ~ t ~ J r01 the \\orJq '' illd~itridl raill-
inc" hvu-ct l o ? 3 (11) orthe T,~lnil Naciu Rorstal Schools (.\mendmentl Act. 1959 (Tam11 N.tclu Act 15 of 1959).
4 C l j t ~ s w (c) :tnd ( r f ) wcre in.;crtcd by section 2 (iil) of the Modraq not.stal ,School\ (Anlellilnlcnt) Act, 1936 (Madras Act XIX of 1936).
6 ~ h c wor J " ,tr~d " at thc end of clatne ( d ) was omitted hv
qcctlon 3 of t l ~ c M,\tlrar Bo~\ ta i Schools (Amendment) Act, 1951
(hladrac Act XI of 1951).
6 This clauw was :tdded by tcc t~on 3, ibid.
1 In sub-section (:) the words " cxccpt thore referred t o in the Sub-~cction following were omitted by qection 2 (rv) of the Madras 131>rstal Schools (An~cndment) Act, 1936 (Madras Act XIXoT 1936).
T h e s ~ wcrds were substituted for the word, " local o@cioi pzct te" by the Adaptation Order of 1937.
8
-. To w-. madd * t.h - A-* a,. stis as pwsible after they an m c ~ c , be phcu~ on the Table of both the Houses of the Legislature and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.]
5. Subject to any alterations, adaptations and Application a
exceptions made by this Act and the rules framed the 1894, Prisons and Pri- Act,
under it, the Prisons Act, 1894, and the Prisoners ,,,, A C ~ , l(t;'of~ct, 1900, and the rules framed thereunder shall 1900.
4. apply in the case of every Borstal school established
ltral under this Act as if it were a prison and the inmates
In of prisoners. D. .
6. The powers conferred on ~ourts by this Act Courts empo- shall be exercised ~Ilry by (a) the High Court, (b) a wered under
Cart of Session, (c) a Distr~ct Magistrate, (d) a Sub- this Act. divisional Magistrate, (e) a salaried *Presidency Magis- trate Tor any other "Presidency Magistrate ern- powered by the '(State) Government to sit singly] and (f) any *Magistrate of the first class or any %Lf bench of Magistrates constituted under section 15
8. of the Code of Criminal Procedure, 1898t, invested with the powers of a *,Magistrate of the first class -
1 This sub-section was added by section 3 (iii) of the Tamil N&U Borstal Schools (Amendment) Act, 1959 (Tamil Nadu Act
IS of 1959).
a ThaPs wurds were inserted by section 2 of the Madras Borsul
-Is (Amendment) Act, 1938 (Madras Act XI of 1938).
a This word was substituted for the word "Provincial " by
t& Adaptation Ordm of 1950.
*~wrding to clauses (0) and (C of sub-section (3) of section 1 3 ofthe Code of Crimiaal Procedure, 973 (Central Act 2 of 1974). &h auna into force on the 1st April 1974, any reference to a Magis-
-& ofthe fitst class shall be construed as a reference to a Judicial Magistrate of the &st dass and any reference to a Presidency h&&&ata shall beamstrued as a tefeffnce to a Metropolitan Magistrate.
-44
-' '.;, .- >. . - "a- --I-...-- ----*..--_-^__-- _ _
9
l'rocdllm
w h 7. (1) When any iaiistratknot empowered~o pass *dtrate sentence under this Act is of opinion that an adolescent is not empowad offender is a proper person to be detained in a Borstal to P~JI school he may, without passing sentence, record such ' opinion and submit his proceedings '[and forward
A u the adolescent offender-
(a) in case the Magistrate is a * Presidency Magistrate to the *Chief Presidency Magistrate or if , he has designated a salaried *Presidency Magistrate in this behalf by general or special order, to such salaried * Presidency Magistrate ; and -
(b) in other cases, to the District Magistrate or Sub-divis~onal Magistrate to whom he .b subordi-
nate.].
(2) '[The Magistrate to whom the proceadings 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 havepassed if such adolescent offender had originally been tried by him.
1 The words "Provincial C3,0vementw we1.6 substituted f d ' t be words " Local Government by the Adaptatian Order of 1937
and theword "Statd* wassubstituted for "Provmmal" by the Adapt-
ation Order of 1950. This was subs!ituted for the words "and forwatd the adolesant offender to the Dlstrict Magistrate or Sub-divisional Magistrate to whom he is subordinate" by section f (i) of the Madras Bontal
Schoob (Amendment) Act. 1938 (Madras Act XI .of 1938).
'These word. s+ sob;tituted f 0 i t h ~ ' ~ o ~ : ~ ~ m " ' Mh*t
Mamtrate or SuMhnuonahMa strate to whom the y b
are so aubmfttod " by m i o n 3 &, ibid. , A * ., ,*s"&!,',*u
10
8. '[(I)] Where it appears to a Court having jurisdic- tion under this Act that an adolescent offender should, sentence or
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 refor- mation and the repression of crime, it shall be lawful
for the Court, in lieu of passing a sentence of imprison- ment, to pass a sentence 6f detention in a Borstal school for a term which shall not b= less than two years and shall not exceed five years ' [but in no case extending b2yond the date on which the adolescent offender will, in the opinion of the Court, attain the age of twenty- three years].
'[ (2) Before passing a sentence of detention
in a Borstal school under sub-section (I), the court-
(a) shall call for a report from the Probation Officer of the area in which the offender permanently resided at the time when he committed the offence and shall consider such report,
(b ) shall consider any other report or repre sentation which may be made to it, and
1 Section 8 was renumbered as sub-section (1) of that saction and in the sub-section as so renumbered, the proviro was omittad by *tion 4(1) of the Tamil Nadu Bontal Schools (Amadmar) Act, 1959 (Tamil Nadu Act 15 of 1959).
# w e word9 were added by ataloe 3 of the M a b ~ontol khooh (Amendment) Actb 1936 (Madran Act XIX of 1936).
8 Thue r u b - j e c t i ~ w e n by section 40) of the TamilNedu &nu1 ~ o o b (Amcn&ncnt)Act. 1959 drmUNadu Act 15 of 1959).
11
as to the suitabitv of the case Pot. treatment in; a Bors- tal school and shall be satisfied that the character, state , of health and rnen!al 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 aforesid.
(3) The report of a Probation Officer referred to in sub-section (2) shall be treated as confidential :
Provided that the court may, if it so thinks fit,
~ m . u n i c a t e the substance thereof to the offender and may give him an opportunity of producing such evidence as may be relevant to the matter stated in
tbe report].
litation
9. Any person detained in a Borstal school for powen failure to furnish security when ordered to do so under
.femd by section 1 T8 of fhe Code of Criminal Procedure, 1898.. E;.l
ion shall be released on furnishkg such security or on ,f 1898.
the passing of an older under section 124 of ihe Code*.
10. The Incpector-General may, subject to rules
t o f made by the '[%ate Government], if satisfied t h t
*ral to any adolescent offender undergoing imprisonment in consequence of a sentence passed either bcfore or ionus
Bo,std after the passing of this Act might with advantage be
mb. detained in a Borstal school, direct that such person shall be transferred from prison to a Borstal school, there to serve the whole or any part of the unexpired residue of his sentence. The provisions of thisAct shall thereupon apply to such person as if he had
been originally sen~enced to detcntion in a Borstal school.
' The words "Provincial Government" were substituted for thc G.ovement " by the Ada tation Ordrt of 1937 and i. : ~ - % ~ % : .nl rubbtitutcd for T~drovinci~ c h ~ ~ d . p t a - " tion Or& of 19%.
12
* a 9-4 I926 : T;R Act VJ " ~o~hia1~d&ools 229 a f1O-A; The [State] Ooyerxtmedt may, if -satis- wx ,:
fled that any offender who has b-sn sentend to sht,
transportation either before .or aRer .the passtug of ff6uemme$
the Madras Borstal Schools (Amendment) Act, 1939, z2sg and who at the time of conviction was '[not less than seotecced to
181 nor more than 21 years of ag :, nfglt with advan- ;rty@- tag2 be d~tained in a Borstal school, direct that such Borstal offender shsU b: transferled to a Borstal school, there school& to serve the whale or any part of ths unexpired residue of his sentence. Th:: p:ovisions of this Act shall apply to such offender as if he had b:en or'g'nally sentenced to d::en:ion in a Borstal schsol.
An ord3r may b= made under this section notwith- standing that the sentence of transportation has been sub;equentiy commuted into a sentence of imprison- ment].
11. (1) Before passing a sentence under section 8, Lz:gf@M%
the Court shall inquire into the ag: of the offender millg as
and, after taking such evidence ( ~ f any) as may be to age of deemed necessary, shall record a finding thereon t$kzr! stating his ag.: as nearly as may b;.
(2) A similar inquiry shall b= made and finding record;d b j every mag'strate not empowered to pass sentence unli2r section 8 bzfore subnitting his procee- ding; and forwarding an adolescent offender '[TO the * Chief Prc.;idensy or other salaried * Presidency Magistrate or thc District or Sub-divisional Magis- trale] as required by sxb-section (1) of section 7. 'This section was inserted by section 2 of the Madras Borstal Schools (Amendment) Act. 1939 (Madras Act XI11 of 1939).
sThis word was sub~titutcd for the word "Provincial" by the Adaptation Ordcr of 1950.
a These words and figures were substituted for the words and figures "not less than 16" by section 5 of the Tamil Nadu Bo~stal Schools (Amendment) Act, 1959 (Tamil Nadu Act 15 of 1959). 4These words were substituted for the words "to the District
Madstrate or Sub-divisional Mag~strate" by section 3 (I)of and the Second Schedule to, the Tamil Nadu Repealing and Amending Act,
1951 (Tamil Nadu Act XIV of 1951). +According to clause (c) of sub-section (3) of section 3 of' the Code of Criminal Procedure! 1973 (Central Act 2 of 1974) any ~terence to a Presidency Magistrate or a Cbicf Presidency Magis
-&@shall be construed as r reference to a M e t r a p o l i i Magistrate or a Chief Metropolitm Magistrate, as the case may be. p
13
a w l be Provided that, if accommodation in a Borstal mt. 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 Governmen'] may direct until he can b; sent to a Borstal school. The pzriod of detention so under- gone shall bs treated as detention in a Bortsal school.
Removal 13. The Tncpector-General may at any time order an inmate to b: removed from one Borstal school to
another. another, provided that the whole period of his deten- tion in a Borstal school shall not bo increased by such removal.
% [13-A. (I 1 The State Government may, by general
from- and or spx'al ord.:r notified in th- Fort St. G2orge G2zette, transfer of of:nJcn direct that any spxified borstal school in this S ate
'0 other shall b= available for the rcccp:ion of adolescent offen-
States in
~ ~ d i a . ders in respect of whom a sen!ence of detention in a Borstal School or other school of a like nature has b:en passed by any Court or Magistrate in *[any other part of India] ; and thereupon, p~ovision may
b3 made for the removal of the adolescent offenders concerned accordingly :
Provided that no such order shall b: made without the congent of the Government of the ' [othx S ate conccrnnd or the Central Government, as the case
may b:].
1 Thz words "Provincial Government" were quhtituted for the wordq Lw?l O-~vernmlnl" by the Adaptation Order of 1937 and the word " State " was substituted for " Provhcial " by the hctjpta- tion Order of 1950.
'This section was inserted by section S of the Madras Bontal Schools (Amendment) Act. 1951 (Madras Act XI of 1951). #l'hne wore $f~bititutad for tho wordr "any other State in India" by section 4 of. and theThird Schedule to, theTamil Nadu Repeal14 and Amsndlng Act, 1957 ( T P d Nadu Act XXV of 1957) asnod" by, ibld.
..
I >
14
any Borsial school oibthei skhool 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 or the Central Government, as the case may bc].
(3) The State Government may consent to the transfer to a Borstal school in this State, of a person detained in any Borstal scliool or other school of a like nature in ' [any other part of India].
14. Where a person detained in a Borstal school T,rer of js reported to the ' [State Government] by the incorflgibles,at~
4 [Superintendent] of such school to bs incorrigible PmoW 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 s~hool before the commencement
I x of the Madras Borstal Schools (Amendment) Act,
5. 1936, to b; over twenty-three years of ag?], the [State Governmen:] may commute the unexpired residue
(4) The provisions of tbis 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]. ---
1 These words were substituted for the words "any other State in Indiam by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1957 (Tarn11 Nadu Act XXV of 1957). * ~ h e s e words wete substituted for the words "other State
concerned " by fbid.
*The words " Provincial Go~emmenf " were substituted for the wordss* mat Government " by theA4zptatio.n Order of 1937and the word (*~kte" was substituted for "Provtnclal" by the Maptation
1
(c) the maximum period of imprisonment which Act , the Court that tried him had authority to award under; o f 1898. the * Code of Criminal Procedure, 1898, ? I
whichever is s~ortqst,
RBLBASE ON LICBNCE.
Power to 15. (1) Subject to any general or special directions
releare on of the ' [State Government] the Inspector-General,
I icence. on the recommendation of the Visiting Committee, may, at any time after the expiration of six months from the commencement of the tenn of detention, if satisfied that there is a reasonable probability that the inmate wiU abstain from crime and lead a useful
and industrious life, by licence permit him to be dis- chargd from the Borstal school on condition that he b= placed under the supervision or authority of any Government officer, or secular institution, or person, or religious society professing the same religion as the inmate, named in the licence who may be willing to take charge of him.
'm word9 "Ptovlncial a words ''Local OovcmmCpltS' by word "State " was substituted 47f1950* ..,* s:, A, $ A , *~ lu lwthoCodeof I ' *
* 3
16
(2) A licence under this section shall be in force
until tho term for which the offender was sentenced to detention has expired, unless sooner revaked ~r forfeited.
16. Every licence granted under section 15 shall P;P&, be in such form and shall contain such conditions as the '[State Government] may by rules direct.
17. Sub-ject to any general or special directions Revocation
of the [State Govermnent] a licence granted under Of licenee-
section 15 may be revoked ai any time by the Inspector- General and where a licence has been revoked the person to whom the, licence related shall return to
the Borskl school.
18. If any inmate escapes from a Borstal school Rgg;:
or if any inmate absent on licence from a Borstal of licence,
school removes himself from the supcrvision of the society or person in whosc charge Ile is placed or fail.; to return from such supervision to the Dorstal school,
a police offices not hzlov; !he rank of n Sub-Inspector of Police may. without orders f~on.1 :t M2..gi\:!.atC and witho~rc warrant. arre\i hi:n and inkc h;m b:~ci< to the Bos5tal ~,cl~c)o\ ant1 hif. liccncc shs\ll I)?: forrcllcd with effcct from the cftilc of hi< L~,c~LP,: or I \ ~ i l u ~ * ~ to return as the cac,: may bt:.
19. The limc during ~sh ic ; l~ a p:t.so~~ is abs::nt fro111 AbjenQ under a Borstal school uncle; :! licci~cc irh:!.ll h- ticrr~cd licence to be as part of the i!:im of' h .3 rJ~;.::n'iii~l in L}\(: .;chool; counted
provided that W ~ ~ C S C ! hilt p\: >on has failc/.l ::, return towards
to the school on t l l ~ licenl;;. h.;ill:; i;,:F:iicc\ (,.I revoked. period of detention the time which C!:LP';CS :L~'~cL. Ilis r;ij)ll!.L' 50 10 I.ctUrlI shall be exc1ud~:tl i!l cOi?iputing the tci.m dlr:ing \{hicll
he is to be deirrincd in the school.
- - - - - - ._- _ _ _ _
The words " Provillcial Government " were subslitutd for the words ** Loeal Government" by the Adaptation Order of 1987 and theword "State" was substjtutcd for "Provincial by the Adapta. tion Order of 1950.
\
17
merit 19-A. Subject to the orders of the Inspector-C3eaeral and subject also to the rules made by the '[Sate
Government] the control and management of every
Borstal school shall vest in a Superintendent appointed
by the '[State Government].
ttion, 1943. (1) (a) Every Visiting Committee appointed and under sub-section (2) of section 3 shall consist of the
of
Sessions Judge, the District Mashate , the Districb i t t e a Educatioaal Officer of the district m which the school is situated and four on-official members appointed . by the '[State Government].
(b) The non-official rnp~mbers shall hold office
for a period of !wo 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-
(0) to visit the school either individually or
collectively on such occasions as mny be fixed by the rules made under this Act in that hel1;)lf for the purpose
of ensuring that the provisiofis of '.his ,4ct are dulv given effect to ;
... (8) to make such saggestioas for the improve ment of the training thercin as arc considered neces- sary and to report to the '[State Govern~nznt] or to the Inspector-Gzneral from time to time any matter, which, in their opinion, should rcczivr; t~ttention 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 s~ecial training which each should receiv~ ; , - -
- +
1 part m-Awas inwrtcd by section 5 of the M d m s Borstal Schools (Amendmant) Act. 1935(Madr8r AEt XIX of 1936). I a aubstitutad for the
Order of 1937 and the
'' by tho Adaptation
I
18
; (d) to consider cases of release on lice~lcb ~ M S Q m-on (1) of section 15 placed before tbem by
the Superintendent ; and
p) to considcr 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
&half by the jState Government] every member of the Committee shall be etltitled to cal! for infor- mation 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,
19-C. (1) The inmates of a Rorstal school shall Cla4fication
be divided by the Superintendent according to their Ofinmates.
industry and good cond~lct into four grddes, namely :-
(I) the penal grad~,
(2) the ordinary grade,
(3) the star grade,
(4) the special star grade.
(i) The privileges of each grade shall be higher than those of the grade preceding, if any.
(3) E'very inmate shall, on reception in a Borstal school, be placed in the ordinary grade.
(4) The Superintendent n~ay 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.
1 The words Prarl~oial ,>oVaflmellt " rrur rubetitutrd for the words " Loeal Government by th@ Ada htlua Order of 1987 and t* word statrB* w u substituted kt aPmrineia by the Adretation 0tJ0r d 1050.
19
"-y2-----
.,,? -* -Tk,* > > \ >-. 1 q . ?;,-Pkry"- - - " * V i .* , * $*
k
,236B " Borstak Schools '-'rl926: T.N. AC€ O
-., :: ., (5) .Promotions and reductions shall be r ~ t d @y clasc persona1 observation of the inmates and shall depend specially on their general behaviour, arnena; bility to discipline and attention to instructions both
literary and industrial. Punish- 19-D. (1) The punishments which may be inflicted
for 011 an inmate of a Borstal school for offences specified olfences. .in the Prisons Act, 1894, and the rules made there-
uttder, 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) Red~~ction i grade.
(v) Cuts on the hand by a rattan not exceeding
six ott cncll Iland. ' r (vi) * * * * I
(2) No punisli~nerit shall be awarded to any jnmclte by any ollicia! of the school except by the Superintendent or. i r7 hi? absence the official exercising his R~nctions.
Limitn- 19-F. No inmat: of n norstai szhoo! shall he tion of made to work for more than eight. hours a day :
hours of
work. ~ ~ ~ v i r l e d that cxtra drill awarded as a punish- mcnt L ~ l ~ d ~ r SLI~-st'ction (1) o f section 19-D shall not
bc dce8ne!l, for thc purpclses of this section, to be work
. _ _. _ ^ - - --
1 ' r ) l is clause wa.i onlittcd by sectinn 6 of the Tamil Nadu Bmtaj Schools (Amendment) Act, 1959 earn11 Nadu Act 15 of 1959). f i Section 19-F was omitted by section 7 of theMadras &ools (~mendment) Act, 1951 (Madras Act XI of 1951). Central
Act IX
of 1894.
20
APPEAL AND ~ ~ ~ Q S I O N .
20. For purposes of appeal and revision under the Appeal *Code of Criminal Procedure, 1898, a sentence of ;:fkion. detention under section 8 of this Act shall be deemed to bea sentence of imprisonment for the same period.
Any person affected by an order of the Inspector-
General under this Act may appeal to the l[State
Go~err~ment] whose orders shall be final.
,
PART V.
MISCELLANEOUS.
areas to
1 The words "Provincial Government" were substituted for the wor& "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Prov~naal" by the Adaptation Order of 1950.
8 These words were substituted for the word "Madras" by theTamil Nadu Adaptatjon of Laws Order, 1969, as amended by the Tamtl Nadu Adaptat~on of Laws (Second Amendment) Order, 1969.
-- -.----.- ---- -----.-
r * : i . ~ ~ ~ - ( r w s * & . , A - -.
d-Y-U---t-u, 'J.4 &I. *. -L- - - ---" ----- a
21
22
soap powuelb, UCLGlsbllL tJV ..
ders and liquids. (A Group) 1V-2 Ex. (317)-2a.
23
TAMIL NADU GOVERNMENT GAZETTE EXTWiOEDINARY -- - -- - 339 --
The Collowing Act of the Tiunil Nadu Legtslatlve Asscnlbly receh.ed the assent of the Pre5ident on the 20ti1 August 1994 and is hereby publ!,sned for general information :-
ACT No. CO OF 1994. ,
I
An Ac: jhrlber to otneed the Taniil Nadu Borstal Schools ~ c t j 1925. BE it enacted by the Legislative f l~se~nbly of the State of Taniil Nadu Yea*. of the Republic ot India a s follows :-
in the Forty-fifth
I. This Act lnay be callccl tllc Ta~nil Nadu Borstal Schools (Amendment) Act, Short title,
1994.
2. After sectiolr 8 of the Tanlil Nadu Borstnl Schools Act, 1925, the following Insertion
Act V of 1926. section shall be inserted, namely :- of new section 80% j
"8-A, Sentence on ojerzller. nlucndy z~nder. cletetttiotz in Borstnl ScJtools.-When an adolescent offender already undergoins a sentence of detention in a Borstal School I is sentenced on a subsequent conviction to detention in a Borstal School for an I offence colninitted prior to his detention in the Borstal School, the Court shall direct i that the subsequent sentence of detention sllall run concurrently with such pre- , vious sentence ot dete~~tion. ".I I
(By nrdor of the Oovernor)
I
I
M. MUNI RAMAN, 1
Secretory ro Governn~ent, Law Department. I 1 i
j
I
I
. I
" I
I
I
I
--- ---i
PRINTED AND PUBLISI-IED BY THE DIRECTOR OF STATIONERY AND PRINTING, MADRAS,
. I ON BEHALF OF THE GOVElZNMENT OF TAMIL NADU.
- - I !
I
. 'I
24