" 13A. Power to order detention in, or removal of offenders to, a Borstal School S Replacement Series No. XXVI—yp.25 1929 : Bom. XVIII] THE BOMBAY BORSTAL SCHOOLS ACT, 1629, P CONTENTS. 1751 PrEAMBLE, Seorioxs. Short title, Extent and commencement. Definitions. Establishment of Borstal Schools. Application of the Prisons Act, 1894, and the Prisoners Act, 1900. Court may pass order for detention in a Borstal School. Power of State Government to exempt, Courts empowered to pass order for detention, “"Procedure when Magistrate is not empowered to pass an order under this Aet; . Limitation on, powers conferred by section 6. . Transfer from prison to Borstal School or vice versa. Transfer of incorrigibles, eto., to prison. Btate Government to determine the Borstal School in which person’ shall be detained and may order remov - हि ¥ o N oo e in another State Power to accept transfers of offenders from another State to s Borstal School in the Presidency, . 13B. Removal. of person detained to civil hospital in State for medical {reatment 14. Power to releage on licence 15. Suspension or revocation, of licence, 16. Subsequent supervision. गा. Period of detention. 17A. Discharge from Borstal School. - 17B. [Deleied.] 18. Arrest of offender escaping from Borstal School; or escaping from supervision, 19. Rules. 20. Removal of disquslification. 21. Appeal o.r revisAion. - 22. - Repeal of C. P. and Berar IX of 1928 and Hyd. XV of 1956 and saving.
Replacement Series No. LXI—p. 38 o - ' 1753 BOMBAY ACT No. XVIli OF 1929.1 [THE BoMRAY BORSTAL SCHoulS AcCT. 1929.]% [250 Navember 1929 | Amended by Bom. 10 of 1932, » . » 3 0f 1934, » . » 18 01935. . ३9 s 2 of 1936. Adapted and meodified by the Adaptation of Indian Laws Order in Council, के Amended by Bom. 3 of 1948. Adapted and modified by the Adaptation of Laws Queder, 1930, Amended by Bom. 23 of 1951 Adapted and modified by the Bombay Adaptation of Laws {State and Concurrent Subjects) Order, 1956 Adapted and modified by the Maharashira Adaptation of Laws (State and Concurrent Subjects) Order, 1960 _ Amended by Mah. 21 of 1960 £ ” w w57 of 1975, (19-12-1975); An Act to provide for the establishment of Borstal Schools in the {State of Maharashtra], WHEREAS it is expedient to provide for the cstablishment of Borstdls schéols in the 2[State of Maharashtra] AT It is hereby enacted as ‘Follows : 1. This Act may be called the Bombay Borstal Schools Act, 1929.7 'sgu,fl बट, 2. भू Tt extends to. the whole of the State of Maharashira.}] न प Extent . , . - . s o . S o comme (2) Tt shall come into operation *[in the pie-Reorganisationz8tate. of Bombay] ment.: on such date as the *[F{State] Government] may, by notificats(éfl" in- the *[Official Mah. Gazette], appoint *[in this behalf ; and in the Vidarbha and Hyderabad areas of | XXI the State of Maharashtra. it shall come inio operation on the ‘¢ommencement of 1960 the Bombay Borstal Schools {Extension and. Amendment) Act,. £960.] s : For Statement of Obijects and Reasons, see Bommbay Government Gu:e!te\lmmm__flw—_’—*"_———_%@w Part V, p. 129 for Report of the Select Committee, see ibid.. 1929, Part'V, p. 143 arrd foir Proceedings in Councit कि कर see Bombay Legislative Council Debates, 1929, Vols. XXVI and XOCvH. पक hese words were substituted for the words " Presideney एफ Bombay ™ by Mah. 21 of 1960, e 55. 3 and 4 : | 3 The 1(.3oruon beginning with ~ and whereas ™ and ending with* passing of this Ac{ * was deleted. ibid., s. 4(2 ¢ Sub-section (/) was substituted for the original, ihid., s हि: s These words were inserted, idid., s. 5(g) s The words ** Provincial Government ”* were substituted tor theswords “ Governor in Council by the Adaptation of Indian Laws Order in Councit o 7 This word was substituted for the word ** Provincial > by फिट Adaptation of Laws Order, 1950 . 3 The words ** Official Gazette ™ were substituted for the words * Bombay Governmeni Gazerte by the Adaptation of Indian Laws Order in Council * This portion was substituted for the words * in this behalf =~ by Mah. 21 of 1960, s. 5(2) * This Act was extended to, and shall, by virtue of such extension, be in force in that part of the State of Maharashtra to which, immediately before the commencement of Mah. 21 of 1960, it did not extend (vide Mah. 21 of 1960, s. 2). + This indicates the date of commencement -of Act.
Bombay Borstal Schools Act| 1929 ' [1929 : Bom. XVIO 1754 -~ 1 Definiions. 3. In this Act, unless there is anything repugnant in the subject or context,— (@) ** Borstal school ” means a place in which young offenders, whilst detained in pursuance of this Act, are given such industrial tramning and other instruction and are subjected to such disciplinary and imoral influences as will conduce to their reformation and the prevention of crime ; : : (b) * Ingpector-General ” means the Inspector-General of Prisons and includes 1[a Deputy Inspector-General of Prisons té whom the Inspector General may delegate all or any of his duties under this|Act, with the prior approval of the State Gevernment, and also] any officer appointed by the 2[(State] Government] to perform all or any of the duties imposed by this Act on the Inspector-Geenral ; (¢) “ Presctibed ™ means prescribed by riles made under this Act. एन, 4 (/) For the purposes of this Act the ?[3[State] Government] may establish की ment of one or more Borstal schools. _ 1‘ Borstal ं , बदल 4[(14) For every Borstal School, there shallibe a Principal and such other officers and servants as the State Government thinks necessary.] (2) For every Borstal school, a visiting cbmmittce shall | be appointed in such manner as may be prescribed. ' ; s ' i’ Application 5, Subject to any alterations, adaptations, and exceptions made by this Act. OA“he Prjlssgong‘s and the rules framed under it; the 5Prisons Act, 1894, and the ®Prisoners Act, 1900 X i an‘?td, e and the rules framed thereunder shall apply In the case of every Borstal school 3 Prisoners established under this Act as if it were a prison °[the inmates prisoners and the, Act, 1900: Principal Superintendent]. Court may -6, "'When an offender is found guiity of a offence for which he is liable to~ fpoar”deten"t’f-o"’n' sentenced ta transportation or imprisonment, or is liable to imprisonment. लि in a Borstal failure to furnish security under Chapter VI of the Code of Criminal Procedmewii% school. 1898, whether any previous -conviction is proved against him or not, and it appears . to the Courtt ' (वो that!the offender is not less than sixteen o1, in any district or place in which Bom 7[the Bombay, Children Act 1948, the Central Provinces and Berar Children Act, LXXI - 1928 or tHe Hygderabad Children Act, 19451 , is not in operation less than fifteen, of nor more {than twenty-one years of age, at o 1948, ; ‘ C. P (b) that by teason of his criminal habits or tendencies or association with nd persons of bad character it is expedient tfiat he should be subject to detentiony of for such term and under such instruction and discipline as appears most conducive 1928, to his reformation, ः | | मा it shall be lawful for the Court, if empowered in this behalf, to pass, in lieu of a OQ' sentence of transpoitation or imprisonment fir_ of an order ot imprisonment under ¥ section 123 of the Code of Criminal Procedute, 1898, an order for the detention of v of - gy ¥ 1898. 1 This portion was inserted by Mah. 21 of 1960“&. 5, 6. | ! 6. ' | ः 2 The words/“ Provincial Government * were substitiited for the words ** Gover i cil ** by Ththe Adardp tion l%of' fi!n,dmn'f.‘f;a‘mm पडा गे -Couneil.. by i overnor in Coun : 3 This wo substituted nserted'. orthe word ** Provincial ** by the Adaptation of Laws Order, 1950. ¢ Sub-section (14) was i by Mah. 21 of 1964, 5. 7. P ! e, 1930, * See Central Acts. . Vo | 8‘These wortls were substituted for the words ** and the inmates prisoners * by Makh. 21 of 1960, - 8. 0, न ः . i Lo . ) ? This portion was substituted for the words atid figures * the Bombay Children Act, 1924 *, ibid., 5.9 ' I : T | | | |
of 1993, opinion and submit his proceedings and forward the offender to the *[Magistrate of this Act. s 'subordinate to him competent to pass an order under this Act, or, as the: "980f ordered to do so under section 106 or section 118 of the Code of Criminal Procedure, co"nfemd 898, Replacement Series No, LXI—p. 39 ' .. ं 1929 : Bom. XVIII] Bombay Borstal Schools Act, 1929 - 1755 the offender in a Borstal school Yestablished under this A ject’ i . 1001 ¢t or subject’ ¢ ः provisions of section 13-A, in a Borstal school in any other 2[Stavte]J in ’*Iond'tiah]e for such term, not being less than 4three] years nor more than five years, as the Court_ subject to rules made under this Act, thinks fit १ . * Provided that before passing such an order the Court shall give an opportunity . to the parents or guardians of the said offender to be beard and shall consider any feport or representation which may be made to it as to the suitability of the cas for treatment in 3[such Borstal school}, and shall be satisfied that thye characterc sf_tatthe of health and_hmhentahlconfi_dxtldon of the offender and the other circumslances ol the case, are such that the offender is likely to profit by such i i ] discipline as aforesaid. : P Y : nstructl.o_n and 7. The ®[*[State] Government] may, by rules made under this Act, direct Power of that any class or classes of persons specified in such rules shall not be ordered to '[State] be detained in a Borstal school. ' Government 0 exempl 8. The powers conferred on Courts by this Ac ised ¢ rls e High Court,p a Court of Session, 8 * Y * ‘ s*hall be exe*rmscd onl*y by the giw‘!'."(-'\s'.L a salaried Presidency Magistrate, or a Magistrate of the first class and. may be Pass erder exercised by such Courts whether the case comes before them originally, or on '~F die"tion appeal or in revision, ' ' T ' 9. (/) When any Magistrate not empowered to pass an order for detention under Procedure this Act is of the opinion that an offender who has been found guilty by him of wtip Wien Magis. has failed to furnish the security which the Magistrate has ordered him to- furaish e वि कण under Chapter VIIT of the Code of Criminal Procedure, 1898, is a proper pefson दि धन to be detained in a Borstal school, he may, without passing any order, reca ' ' S)U;V.C‘V‘h"-fll‘der under the first class] cr the Chief Presidency Magistrate, as the case may be, to who subordinate. : (2) The °[Magistrate of the first class] or Chief Presirdencyl'Magistra't ; w\fi_'kvojm,,‘ the proceedings are so submitted may transfer the proceedings to asy Magistrate may be, i to a salaried Presidency Magistrate. (3) The *[Magistrate of the first class] or Chief Presidency Magistrate to whom the proceedings are so submitted or any Magistrate to whom the proceedings are so transferred may make such further enquriy (if.any)-as he may think fit and may pass such' order for the detention of the offender in a Borstal school, ot such other sentence- or order, as he might have passed if such offender had: originally been brought before or tried by him. L 10, Any offender detained in a Borstal school for failure to fufnfsh security when 'L""‘ipo“‘"w"'e‘,“rs,. 1898, shal!l be released on furnishing such security or on the passiag -of an order section 6, under section 124 of the said Code. : L 3 These words, figures and letter were insreted by Bom. 2 of 1936, 5. 2.(2). ! * This word was substituted for the word ** province * by the Adaptation of Laws Order, 1950, 3 The word * Bricish ” was omitted by the Adaptation ¢f Laws Order. 1950, ¢ The word ** three " was substituted for the word * two ~ by Bom. 17 of 1935, s. 2. ) s The words * such Borstai school were substituted for the words * a Borstalschool " by Bom, 2 of 1936, s. 2.(2). ’ - ) S . ¢ The words ** Provincial Government ” were substituted for the words = Governor in Council by the Adaptation of Indian Laws Order in Council, ) # This word was substituted for the word * Provincial ”” by the Adaptation of Laws Order, 1930. s The words ** a District Magistrate, a sub-divisional Magistrate * were deleted by Bom. 23 of 1961, s. 2, Schedule,—Part 111, ) Ll 3 These words were substituted for the words ™ Phistrict, Magistrate =~ ibid.
1756 1. (N1 ‘Yransfer to Borsial undergeing ¥ ‘C‘h“.-“gl!:,[V,O:] Criminal Pro age within w character, mi General may to a Borstal Ction 13A, to in such seho of imprisonn imprisonmen such person school for a undergo for गा) Wh ordered to heen found from prison pO!‘l‘d‘tiOn or i reason of his case may be. Provided 1 of “[the *[Sta undergone ¢ person has B (2y A pers transfer to s a Court und to_such pers “any-time fou ‘ot the rec residue of t पाए in nd ca persan was | already und a warrant f¢ of sub-sectig the State Ga व्यू) W to imprison General ma of detentio direct that § Bombay Berstal Schoois i 1 ( hich persons may be ordered to ht with advantage be detained by order in writing direct such chool *establis o Borstal school in any g g ent’ which he is liable to underg for such period as together 1 1 | dould have been ordered to be de hat the Inspector-General shall te] Government], direct such p «ceeds the period of imprisonm on transferred to a Borstal sco ch school be deemed to be an n accordingly.] g mmendation of the Visiting G e term of detention to such term se exceeding ransferred to the Borsta ergone and of t he confinement of the offender in : verntient.} ere-any person after he has b guilty-of ent mentioned in sub- i by erder in a Borsta the Tnspector-General is satisfi \prisonmedt in consequence of 4 prisonment under an order mad edure, 1898, for [ailure to give. criminial habité- or tendencies. ¢ hed under this Adt or subject to the other 4{§tate] in * India] and to be detained 1. in liew of the unexpired residue of his sentence. already undergonc will not exd period which including the perig een sentenced 8[or the period of! failure to give security, as the ca er the provisions of section 6 and re a person transferred to a छत nd unsaitable for training in th [the term of imprigonment in consequence of which such, tal school teduced by the period of imprisonmentfli‘?% he period of detention in the Borstal school] and issue 1 (2) of section 12 shall apply to such offender as if he had been so Je confined in the prison by warrhnt under the hand of a Secretary to an-offence committed bee? ore his section (/) by a court of law, then tire Inspector- in writing commute Te period of such imprisonment to that 1 school, and notwithstanding anything contained in this Act | Act, 929 - 1929 : Bom. XVIII bd that a person undergoing trans- sentence *[passed under any law or y ¢ e under section 123 of the Code of 1898, security] being within the limits of be detained in a Borstal school, by r association with persons of bad in a Borstal school, the Inspector- person to be transferred from prison provisions of sec- sfor of the period o [or failure to give security, as the with the period of transportatior or eed the maximum period for which . ained by a Court under section 6 : . not, without the previous sanction grson to be detained in a Borstal d of imprisonment or transportation ent or transportation to which such imprisonment ‘which he is liable ६0 ' se may be.]. ' pol under sub-section ( I} shail upon’ offender ordered to be _detained by 1 the provisions of the Act shall apply rstal school under this section is at{ e schootl, the Inspector-General maegy . bmmittee, commute the unexpired] rof imprisonment as he may determine 18 prison and thereupon the provisions | detained in a Borstal school has detention therein and sentenced o~ i This wor v Sub-secti 10 These wi 1 This secti 2 These wQ 3 These Wi + This worg 5 The worg s These wo 7 The word Adaptation ¢ referred 10 in 1 Sub-sect t+ These w n-was sybstituted for the original s. 11 rds were substituted for the original q rds, figures and letter were inserted by i was substituted for the word * Provincj? i * British " was omitted by the पीस 105 were inserfed by Bom. 39 of 1948, s * the Previneial Government ™ were snil f Tndian Laws Order in Council. i was substituted for the word ** Provin n (3} was added by Mah. 21 of 1960, d vds were substituted for the words, brac stib-section (1) of section 12 ™ by Mah ion (4) was added, ibid.. s. 2(2). rds were added by Mah. 21 of 1250, s uch person be detained in the Borstal school beyond the normal period है ः by Bom. 3 of 193%*———_'*: 5: 2. y Bom. 39 of 1948, s. 2. om. 2 of 1936, 5. 3. e > by the Adaptdtion of Laws Order, 1950, tation of Laws Order, 1950. ' W b o stituted for the नए Governiment by the i:iialo(”])hy the Ada‘p“tation of Laws Order, 1950. cets and figures ** t“he shorter of the 0 riods 57 of 1975, s. 2(1). L periocs 402).
Y Replacement Scrio.sNo.’ 1.Xl—p. 20 . , 1929 : Bom, XVIH] Bombay Borstal Schools Aci, 1929 ' 1757 of detention therein for such period as together with the period ofimprisonment already undergone will not exceed the maximum period tor which such person could have been ordered to be detained by a Court undér section 6: Provided that ne such person shall be detained in the Borstal school after he has . attained the age of twenty-five years.] ‘ ' j 12. (1) Where an offender detained '[by a Court] in a Borstal schood escapes, or 1ransler of is reported to the *[*[State] Government] by the Inspector-General (10 be incorri- c":c"‘“r“r)'t""hgc“" gible or to exercise *or to be likely to exercise] a bad influcnce on the other prison. inmates of the schoo!. पूछा 10 be more than twenty years of agel.. [’ * ¥ * * * * * * * * or is. in the opinion of the #[State] Government. otherwise unsuitable for training in a Borstal school), the 2[*[State] Government] may commute the unexpired residue ol the term of detention to such term of imprisonmen: of either description as the 2[*[State] Government] may deicrmine, but in no case exceeding the shorter of the following two periods — (वो घाट unexpired residue of the term of detention, or “(h) the maximum period of imprisonment provided by law for the offence of which the offender was found guilty or the failure to give security. as the case may be, in consequence of which the offender was ordered 10 be detained in a Borstal school #** * ¥ * * * "(2) Such offender may be confined in any prison within the *[State of Maharashtra] by wdrrant under the hand of a Secretary to "[the *[State] 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 sentericed by a competent court of criminal jurisdiction. 13. (1) Every offender ordered to be detained in a Borstal school shall be detained » State) in such Borstal school as the ®[*[State] Government] may, by general or. री किगगसटाम order, or in the prescribed manner. appoint for the reception of persons 'fl"i}‘ar_d&red'__-m”»‘“~'»WM’.—'—"’-m"lne to be detained : , : _ which . Provided that. if accommodation in a Borstal school 15 not immiediat ly.‘avaflab'le.g“mV.'u shadt for such offender. he may be detained in a special ward, or such other suitable part of B d‘ifl*‘"'m“ a prison 85 the *[*{State] Government} may direct until he can be sent to & Borstal oar“derm“-? ; school. The period”of detention so undergone shall be treated ~as detention in a removal Borstal school. o ' Y These words were inserl'cd'by Mah. 2t -of 1960, 5. | [व ), . Lo * The words * Provincial Government ™ were substituted for the words = Gavernor dn Coungil ™ by th¢ Adaptation of Indian Laws Order in Council. s * This word was subslituted for the word ** Provincial ™ by the Adaptlation of Laws Order, 1950, * These words were inserted by: Bom. 39 of 1948, 5. 3. " पा ) ¢ The words * or to be more than twenty vears of age ™, were inserted by Bom. 10 of 19325, 2. -6 This portiont was inscrted by Bom. 39 of 1948, s. 3. _ o _ ? The words “or where u licence granted under section 14 is revoked by the State Goverinent under clause (7) of the provise to sub-section (7) of section 13 ™ were deleted by Mah. 21 of 1960, 5. 11(2). The words “ or ordered to be transferred to and detained in such school by the _Inspector- Guneral ™" were deleted, ibid., s, 11(3). . * These words were substituted for the words ™ State of Bombuay ™ by the Maharashira Adapta- von of Laws (State and Concurrent Subjects) Order, 1960. . , M The words the Provincial Governmenl ™ were suhstituted for the word * Government *! by “the Adaptation of lodian. Laws Order- in Council. e ’
o of, 1929 (1979 : Bom, XVIIL Bombay Borstal Schools ‘ . , P o . (2) The Y[Ingpector General] may order the emoval.of any offender from any one B)orstal school to any other Borstal school,!? e.s:tabhshed under this Act or to a Borstal schoal in any other 3[State] in ¢* India sk के कै है. provided that the whole period of his detention in a Borstal schoot shall not be increased by : v i (. ; : such removal. ! Pawer{o s113A, (/) No order for the detontion in or transfer or removal toa Borstal school ः लि मी in any other 3[State] in इक ज तक «कं कै: कै ghall be . passed except with the ar removal of previous concurrence of the officer in charge रण] such_ Borstal school and unless the - tfendersto, 1[8[State} Government] of the said 3[State] ¥* ¥ # ynder any law हा force sc"'hoBoolrStm-al therein or by feneral or special order, has consented, or is empowered, to receive another such . offender [for. detention in such Borstal ‘s¢hool. L s[State] . - U S e : ) ‘ power to- -(2) The officet in charge of a’ Barsta’l‘s'chonb_estabh‘shed ‘upder this Act -may, accept subject to the rules. made_in this behalf, give affect to any order for the detention ”“‘o“ff“e"n“de'r"_\.f therein: of any| person passed by any authority finder any enactment in force in any : i rom another other 3{State] #4* India रे x - % i* Apercondetained insuch Borstal 3State] to school under this provision shall be deemed to fie an offender ordered to be detained फल रा under the proyisions of seetion 6 and the provisions of this Act shall apply to such hool i the person accordingly-] T । o . - . . R°m°"alg of 1[13B. - (/) If an offender detuined in a Borstal school iy sufféring from any. dc'mne(pelr”(:on illness and the Tnspector-General is safi~ficd that it is pot possible {o render 1o him civil hospital Proper medical care- pr tréagment in the school the UispectoriGeneral may provide मां [State} for the renoval of such offender to any civil hdspital in the 3[State] for the purpose f“{mmafd‘ctfl‘ of undergoing medical treatmeiit- and for - histretura 1o the school after - such ment. atment is updergone. दा . | o o ST 1) The period during which wi -offender is ahsent from a Borstal school. under sab-section () shali, for the purposes of computing his terin of- detention in - the ool, be deemed to- be part of that detention.] S (Y-S Powey to brect to the prescribed ‘c_o‘”,'.1&!.1'31'0.1%‘,‘ the Tnspector-General may, on the tonof the Visiting Commities. af any time aftér the éxpiration of six ‘commencement of the detentipn of anoffender in a Borstal schook: _ लि isq reasonable probability that t-hfi offender will abstain from (पीट, के दू नि पत्ते industrions Jife, discharge him from the Borstal . school and:grd m & writien liceace in tie préscribed form‘and on the prescribed - conditions permitting him to live v ader the supervision and authority of such-- e _h_.melcase 200 recommenda " months from if he s sati दो मा सनसिकटता एटा], . Ab) secular institution, | ¥ "4 These words wers silstituted for the words ™ State Govermment * by Mah. 57 of 1975, s.w. 3 2 ‘T‘h'_e'se wordh ‘weré jnserted by Bom. 2 of 1936, 5. मै. ¥ This word was stbstituled for the ward: ™ Prosince T by the Adaptation of Laws Order. 1950, . The word | British. -was omitted, ibid. 3 The words [0t in ap Agceding तार “ना (पाए छत, ihid. % Section 13A was l'ng__l_"n‘~t-d' by Bom. 2 of 1736, 5. 5, - : ' The words’ < Provineil Governmien: © weré substituted for the wor s “Locdl Government by the Adaptatien of intan Laws Order in Counuil. . ' पाई कण %% s]w‘ubsfi‘t_il’u‘tcd?for-, thcr‘w‘o'rd “dPAro'w'ndcit- L by the Adapuition of Laws Order, 1950 . words 1*or the Goverument of the suid Accedipg State 7 were ontitted b A ati 'f- Laws Order. 1950~ » . . - . : itted by the Adaptation o 10 This section was inserted by Bom, 39 of 1948.5. 6. .~ 11 These woris were substituted for the words “servant of the Crow Laws Order; 1950 ; ः R . : : 57 by the Adaptation of.
सम इनक XXVI—p. 29 - . S 1929 : Bom. XVIII] Bombay Borstal Schools Aet, 1929 1759 {c) religious society, or (d) responsible person, a8 may be approved by the Inspector-General and willing to take charge of the - offender. 1[{14) The Inspector-General may, subject to the preseribed conditions, discharge any offender who had been previously granted a licence but whose licence was subsequently revoked under section 15 and grant him a fresh written licence and in such case the provisions of this Aset shall apply as if such fresh licence had been granted under sub-section (7).] | (2) Alicence 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 ‘xevoked (3) 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 purposes of computing his term of detention in such school, be deemed to be part of that detention 2[15. (1) Subject to any general or special directions of the State Government, Suspension 8 licence granted under section 14 may at any time be suspended by- the °f’h.“""’°““fi°“ Principal of the Borstal School or the Inspector-General for a period not exceed-" = " ing three months or be revoked by the Inspector-General in congultation with the . Visiting' Committee. For the purposes of such revocation, the Inspector- General of the Visiting Committee may make such enquiry as he or it deemes necessary, either through a Probation Officer or otherwise .. (2) ¥ an offender removes himself from the supervision of the institufion, socisty. . or person under which he was by licerice permitted to live; his licence shall ~ deemed to have been revoked from the date on which he has so remioved himself. (3) When any licence is suspended or revoked or desmed to be revoked, ths offender shall forthwith return to the Borstal School and if he fails to do g0 he'may ' " be arrested by any Police officer without & warrant and sent back to the school, (¢) On the suspensjon or revocation of a licence, the period हे bogiini date on which the licence is suspended or revolked or deemed to be revoked i date on which the offender returns to the school or is arreéted, whichever is eatlier, shall, subject to the provisions of section 17, be excluded the period for which Lie has been ordered to be detained in 18. (I) When the Inspector-Gleneral and the Visiting Committee report that Subscquent ‘the conduct ¥or progress] of any offender detained in a Borastal school haa been perviston, such that it is expedient that he shall remain under sapervision for a further period after the énd of the term of detention, the 4[5{State} Qovernment} may direct that he shall, on the expiration of the term. of his detention, rémain for a further - period not exceeding one year guder - the supervision of such suthority, society.or - ‘persoii as the Inspector-(Jeneral, subject to rules made tinder this Act, may direet. . - 1. This sub:section wag jnssried by Bom, 30 of 1948, &. 7 e R * Heotion 15 was sabstitated for the original by Mah. 21 of 1960, s. 12, - s These words were inserted by Bora. 39 0f 1048,8.9. - - ) D 4 The words ** Provingial Government, ** wers substituted for-the words ** Governor in Couneil *: - - by the Adapiation of Indian Laws Order लि Couneil, 5 This word wee substituted for the word Provinoial* by the Adaptation of Laws Order, 1950
Period of detention. school. Dmha"rge 1760 Bombay Borstal Schools Act, 1929 [1929 : Bom. XVIII 1[(2) The 2[State] Government may, 3[on a further report: by the Inspector General and the Visiting Committee or otherwise and after making such enguiry a8 it considers necessary). direct that the offdnder who is under supervision in accordance with sub-section (f) shall— ' (@) again be detained in a Borstal school for such period as it may think fit, or (b.) i . * * के . * के. undergo imprisonment of such description and for such period as it may direct : Provided that the total period of supervis.i"on, detention and imprisonment, ‘ under this section shall not exceed one year. | _ ं के ः (3) The prov' gions of sub-section (2) of aectl'qf"n 12 shall apply when an offender 18 directed to undergo imprisonment under sub-gection {(2) of this section.] 17. No personshall be detained in a Borstal school after he has, inthe opinion of the 5{*[State] Government], attained the agp of twenty-three years, or, if in any particular case the 5[*[State] Government] so directs, after he has attained the age of twenty-five years. | S[17A. The 5{*[State] Government] may रॉ धाकु time order any person from Borstal . gotained in a Borstal school to be discharged from such school, either absolutely Arrest of 18.. Any offender who, in contravention of thd provisions of this Act, has escaped pmgm.°m”m from a Borstal school ?[or has sscaped from a civil hospital to which he was removed Borstal for treatment under - section 13B] or has escaped from the supervision of any school,or - guthority, institution, /society or person unddr whose supervision he has been मध्य directed to remam, or has been permitted to lgti e by licence under section 14, 8[or or on such conditions as may be imposed.} 17B. [Investigeting Committee to inve@%ga'_tég wnio complaints against offenders discharged on probation, ete.} Deleted by Mak. 21 of 1960, s. 14. has committed p breach of any of the conditions imposed under section 17A] may * bearrested by any officer of Police without warrant end without the order of 8 Magistrate and senf back to the Borstal schiool sor to the vivil hospital] or to. such authority, Idstitution, socie}y or person, asithe case may be. 1 This sub-section was substituted by Born, 89 of 1948, b, 5. | ‘ _ * This word was spbetituted for the word * Provineial " by the Adaptation of Laws Order, 1950, *Theso words were substibuted for the words * after otnsidering the regort of the Invegtigatin Committes forwirded to it under section 17R *? by Mah. 2] of 1960, s, ही s & ¢ The words. **if the Investigating Comittes report thatithe conduot of the offender has been such that he iz unfit for detention 1n & Borstal school * were dereted. sbid, m, 18(3). - , 5 wo! “ Provineial (6 »o bati * Governor in: Commeil ** by the Adaptation of Tuiss न o mpetituttd for the words * 4 पल हे Sonel : १ 8०000 1१2 was inserted by Bom. 3 of 1934, s. 4, T ' ? These words were inserted by Bom. 89 of 1048, 5.1, . | - = . ® These words, figares and letter were inserted by Bom. § of 1934, s, B ) i
Replacement Series No. 1.1. 41 1929 : Bom. XVIII] | Bombay Borstal Schools Act, 1929 . 1761 19. (D The '[*[State] Government] may make rules for the regulation and Rules. management of any Borstal school and for the carrying into effect of the provisions of this Act. . (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for or determine— (a) the control and manageme‘nt of Borstal schools established under this Act ; (b) the appointment, powers and duties of officials in such schools ; (c) the constitution, powers and duties of visiting committees *[and allowances .' to be paid to the non-official members thereof }; ' (d) the classification, control, discipline, training instruction and treatment of 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 communication 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 ० offenders ‘may, within the limits fixed by this Act, be ordered to be detained in such school ; () the class or classes (if any) of offenders who shall not be ordered to be detained in such school ; . 4 (1) the removal of offenders to Borstal Schools in other *[States] in ** India and the reception and detention in a Borstal school established under this -Act .~ of offenders transferred from other ®[States] ;] , : ) (/) the form and conditions of licences granted under section 14 ; (j) the supervision of offenders after the expiration of the ter detention ; o (k) the transfer of incorrigible offenders from a Borstal school fo prison ; 7[(7) the conditions on which an offender may be discharged under section 17A;] 8[(m) for the award of marks, the suspersion or remissicn and consequent कक कि shortening of the term of detention in a Borstal School and the grant of release W " on parole or furlough and determining the conditions on which and the autho- न कि एप्र सॉफ्ट! किट दिगा 0 तेल may be suspended or remitted and the offenders may Le released on parole or furlouah.] Uk I The words * Provincial Government > were substituted for the words Governor in Council by the Adaptation of Indian Laws Order in Council. - 2 This word was substituted for the word ** Provincial *" by the Adaptation of Laws Order, 1950 * 5 These words were added by Mah. 57 of 1975,s. 4. ’ ¢ Clause (ih) was inserted by Bom. 2 of 1936, s. 6. 5 This word was substituted for the word ** Provinces > by the Adaptation of Laws Order, 1950. 5 The word * British” was omitted, ibid. ' ः 7 Clause ({) was added by Bom. 3 of 1934, 5. 6. 8 Clause (m) was substituted for the _origina‘l by Mah. 21 of 1960, s. 15(1).
1762 11929 : हिला, हा | (3) The making of rules under this section लि be su_b}ect to the condition of previous publi¢ation. - ![All rules made under this section shall be laid before each House of the State Legislature as soon as may be after they afe made and shall be subject to sucH modifications as the State Legislature- may make during the session in which they 4re so-laid or the session imm’cdig'tcly following.] ः ः . Removal of 20. The ®[*[State] Government} may, on thg recommendation of the Inspector- ः disqualifica- General and the Visiting Committee, or एल wise remove any disqualification. - ton- incurred by an offender ordered ta be detained in a Borstal school on account of such detention ' o - ' ' Appealor 21.. For the puwiposes of appeal and xevisi‘én_-,' under the Code of Crim’nal revision. Procedure, 1898, an order ot detention under section 6 of this:Act shall be deemed v of to be a sentence of imprisonment for the same period : - 189‘ \ 4% W * % | कै . . * & Repealof "5{22, On the commencement of the Bombayf Borstal Schopls (Fxtension and Mah nd Bern: Amendment) Act, 1960, the Central Provinces and Berar Boistal Act, 1978, in its w3 Ixa of 1928 application to the Vidarbha region of the State of Maharashtya, and the Hydera- of and Hyd. bad Borstal Schools Act, 1956, in its application to the Hyderabad area of the State of 1960. XVndOf 1956 Maharashtra, shall stand repealed : J T : C.P a saving. . and Berar S IX:of Provided that, the repeal shall not affect— ! -' 1928, _. o Hyd. - (@) the previous operation of any of the laws so repealed, ior 91x5_v'5°f' (b) any right, privilege, obligation or liability acauired, accrued or’ incurred P under any of the laws so repealed, or : : 1 {¢) any alty, forfeiture or punishment incurred in regpect of any offence committed against any of the laws so repealed, or : : (d) any inyestigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, as aforesaid, and .any such | investigation, legal proceeding or remedy may be instituted, है “continued or enforced, and any such- penalty, gforfeiture or punishment may be b j imposed as if the Bombay Borstal Schools (Extension and Améndment) Act, 1960 Mah. _had not commenced in the are2 in which the repealed law was in force ; 'ofXXI ol : - 1960. Provided funther that, subject to the preceding proviso, anything done or any action taken (i cluding any appointment made, detention order passed, notifica- tion, order or direction issued, rule or form framed, licence of certificate granted) — under any such law.shall, in so far as it is not inconsistent with:th's Act, be deemed थे to have been done-or taken under the corresponding provisions of this Act, and @ shall continue o be in force accordingly, unless and until superseded by anything - - done or any agtion taken under this Act.] 1 _Th'is portion ले substituted for the portion beginning with ** Such rules ** and ending with * may rescind the rule ”|by Mah, 21 of 1960, s. 15(2). i ! * The words ** Provincial Government » were s‘ubstitutéd for the words * Governor in Council”’ by the Adaptation of Indian Laws Order in Council, | | & This word w: su_bst'ituted for the word “ Provincial "*Iby the Adaptation of Laws Order, 1950, # The proviso was. deleted by Bom. 39 of 1948, s, 13, : ® Section 22 wag added by Mah. 21 of 1960, 5. 16,-. | . | i