Act Description : ANDHRA PRADESH BORSTAL SCHOOLS ACT, 1925  
Act Details :
 

ANDHRA PRADESH BORSTAL SCHOOLS ACT, 1925

5 of 1926
 

20th July, 1926

An Act to make provision for the establishment and regulation of

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

PART 1 Preliminary

Section 1 Short title

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

(2) The State Government may, by notification, from time to time,

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

Section 2 Definitions

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

context-

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

(2) "Borstal school" is a corrective institution wherein adolescent

offenders, whilst detained in pursuance of this Act, are given such
industrial training and other instruction and are subjected to such
disciplinary and moral influences as will conduce to their reformation
and the prevention of crime ;

(3) "Inspector-General" shall mean the Inspector-General of Prisons

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

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

Section 3 Establishment of Borstal schools

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

(2) For every Borstal school a Visiting Committee shall be appointed by

the State Government.

Section 4 Rules

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

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may be made with regard to -

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

{(b) the { x x x } treatment, maintenance, education, industrial

training and control of the inmates ;

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

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

(e) the temporary detention of adolescent offenders until arrangements

can be made for sending them to Borstal schools ;

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

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

Committee.}

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

Section 5

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

Section 6 Courts empowered under this Act

The powers conferred on Courts by this Act shall be exercised only by

(a)the High Court, (b) a court of Session,(C) a District Magistrate,(d)a
Sub-divisional Magistrate, {................} and

{(e)} any Magistrate of the first class or any bench of Magistrates

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

Section 7 Procedure when Magistrate is not empowered to

pass sentence under this Act

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

(a) {x x x};

(b) {x x x } to the District Magistrate or Subdivisional Magistrate to

whom he is subordinate}.

(2) {The Magistrate to whom the proceedings are so submitted} may

make such further inquiry (if any )as he may think fit and may pass
such sentence or order dealing with the case as he might have passed
if such adolescent offender had originally been tried by him.

PART 2 Committal to Borstal Schools

Section 8 Power of Court to pass sentence of detention in

Borstal school

Where it appears to a Court having jurisdiction under this Act that an

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

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

Section 9 Limitation on powers conferred by Section 8

Any person detained in a Borstal school for failure to furnish security

when ordered to do so {under section 106 or section 118} of the Code
of Criminal Procedure, 1898, shall be released on furnishing such
security or on the passing of an order under Section 124 of the code.

Section 10 Power of Inspector-General to transfer

prisoners to Borstal school

The Inspector-General may, subject to rules made by the State

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

Section 10A Power of State Government to transfer

offenders sentenced to transportation to Borstal schools

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

(2) Notwithstanding anything contained in Section 8, the term of

detention of an offender who is transferred to the Borstal School under
Sub-Section(1) shall be for a minimum period of two years .

Section 11 Preliminary inquiry and finding as to age of

adolescent offender

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

(2) A similar inquiry shall be made and finding recorded by every

magistrate not empowered to pass sentence under section 8 before
submitting his proceedings and forwarding an adolescent offender
{to{xxxx} the District or Sub-divisional Magistrate} as required by
sub-section (1) of section 7.

Section 12 Government to determine the Borstal school to

which adolescent offender shall be sent

Every adolescent offender directed by a Court to be sent to a Borstal

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

Provided that if accommodation in a Borstal school is not immediately

available for such adolescent offender, he may be detained in a special
ward or such other suitable part of a prison as the State Government
may direct until he can be sent to a Borstal school. The period of
detention so undergone shall be treated as detention in a Borstal
school.

Section 13 Removal from one school to another

The Inspector-General may at any time order an inmate to be removed

from one Borstal school to another, provided that the whole period of
his detention in a Borstal school shall not be increased by such
removal.

Section 13A Reception of offenders from and transfer of

offenders to, other States in India

(1) The State Government may, by general or special order notified in

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

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

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

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

(3) The State Government may consent to the transfer to a Borstal

school in this State, of a person detained in any Borstal school or other
school of a like nature in {any other part of India};

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

Section 14 Transfer of incorrigibles, etc. to prisons

Where a person detained in a Borstal school is reported to the State

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

(a) such unexpired residue, or

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

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

PART 3 Release on licence

Section 15 Power to release on licence

(1) Subject to the prescribed conditions, the Inspector-General may,

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

 
(a) officer of the State Government ;

(b) secular institution;

(c) religious society ; or

(d) responsible person; as may be approved by the Inspector-General

and willing to take charge of the offender.

(2) The Inspector-General may, subject to the prescribed conditions,

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

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

Section 16 Form of licence

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

Section 17 Revocation of licence

(1) Subject to the prescribed conditions, the Inspector General may, at

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

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

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

(2) If an offender removes himself from the supervision of the officer,

institution, society or person under which he was by licence permitted
to live, his licence shall be deemed to have been revoked from the date
on which he has so removed himself.

Section 18 Escape and failure of licence

If any inmate escapes from a Borstal school or if any inmate absent on

licence from a Borstal school removes himself from {the supervision of
the officer, institution, society or person under which he was by licence
permitted to live} or fails to return from such supervision to the Borstal
school, a police officer not below the rank of a Sub-Inspector of Police,
may without orders from a Magistrate and without warrant, arrest him
and take him back to the Borstal school and his licence shall be
forfeited with effect from the date of his escape or failure to return as
the case may be.
Section 19 Absence under licence to be counted towards
periods of detention

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

PART 3A Control and management of Borstal Schools

Section 19A Management of Borstal schools

Subject to the orders of the Inspector-General and subject also to the

rules made by the State Government the control and management of
every Borstal School shall vest in a Superintendent appointed by the
State Government.

Section 19B Constitution, powers and duties of visiting

Committees

(1) (a) Every Visiting Committee appointed under sub-section (2) of

section 3 shall consist of the Sessions Judge, {the District Collector},
the District Educational Officer of the district in which the school is
situated and four non-official members appointed by the State
Government.

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

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

(a) to visit the school either individually or collectively on such

occasions as may be fixed by the rules made under this Act in that
behalf for the purpose of ensuring that the provisions of this Act are
duly given effect to;

(b) to make such suggestions for the improvement of the training

therein as are considered necessary and to report to the State
Government or to the Inspector-General from time to time, any matter,
which, in their opinion, should receive attention and annually on the
progress of the school ;

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

(d) to consider cases of release on licence under sub-section (1) of

section 15 placed before them by the Superintendent; and

(e) to consider such action as may be necessary in regard to the

inmates whose term of detention is about to expire.

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

Section 19C Classification of inmates

 

(1) The inmates of a Borstal school shall be divided by the

Superintendent according to their industry and good conduct into four
grades, namely :-

(1) the penal grade,

(2) the ordinary grade,

(3) the star grade,

(4) the special star grade.

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

(3) Every inmate shall, on reception in a Borstal school, be placed in

the ordinary grade.

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

(5) Promotions and reductions shall be regulated by close personal

observations of the inmates and shall depend specially on their general
behaviour, amenability to discipline and attention to instructions both
literary and industrial.
Section 19D Punishments for offences

(1) The punishments which may be inflicted on an inmate of a Borstal

school for offences specified in the Prisons Act, 1894, and the rules
made thereunder, shall be in the following forms and in no other:-

(i) Formal warning.

(ii) Extra drill.

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

(iv) Reduction in grade.

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

(vi) { x x x x x }.

(2) No punishment shall be awarded to any inmate by any official of

the school except by the Superintendent or in his absence the official
exercising his functions.

Section 19E Limitation of hours of work

No inmate of a Borstal school shall be made to work for more than

eight hours a day:

Provided that extra drill awarded as a punishment under sub-section

(1) of section 19-D shall not be deemed, for the purpose of this
section, to be work.
Section 19F Investigating Committee to investigate into
complaints against offenders discharged on probation, etc

(1) The State Government may, by notification in the Andhra Pradesh

Gazette, appoint an Investigating Committee.

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

offender-

(a) who is discharged on licence under section 15 and who is reported

by the officer, institution, society or person under whose supervision he
has been permitted to live to be of bad behaviour, or

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

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

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

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

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

PART 4 Appeal and Revision

Section 20 Appeal and revision

For purposes of appeal and revision under the Code of Criminal

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

PART 5 Miscellaneous

Section 21 Minimum age-limit of adolescents in areas to

which the Andhra Pradesh (Andhra Area) Children Act,
1920 has not been extended

In areas to which the Andhra Pradesh (Andhra Area) Children Act,

1920, has not been extended, the figure 16 appearing in section 2(1)
of the Act shall be read as 15.

Section 21A power of State Government to discharge

inmates

The State Government may at any time order the discharge of an

inmate of any Borstal school either absolutely or subject to such
conditions as they may think fit.}

Section 22 Removal of disqualification attaching to

convictions for offences

The conviction of an adolescent shall not be regarded as a conviction

for the purposes of any disqualification attaching to a conviction for any
offence.

RULE:
 

ANDHRA PRADESH BORSTAL SCHOOLS RULES

In exercise of the powers conferred by Section 4 of the Madras Borstal

Schools Act, 1925 (Madras Act V of 1926), the Government of Madras
are hereby pleased to make the following rules

Rule 1

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

context:-

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

(b) "Inspector General" means the Inspector-General of Prisons,

Andhra Pradesh; and

(c) "Superintendent" means the Superintendent of the Schools

concerned. Medical Examinations of inmates.

Rule 2

The Superintendent shall conduct the psychological examination of

every inmate and record his findings in the Borstal Individual Record,
Jail II, Form No.25 A.

Rule 3

The Medical Officer shall, as soon as possible, after admission and

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

Rule 4

The Superintendent shall, without delay , report to the Inspector-

General of Prisons the case if any inmate who, in the opinion of the
Medical Officer, is unfit for Borstal Training. Classification and
treatment of Inmates.

Rule 5

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

Rule 6

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

superintendent for--

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

 

(b) the training of each inmate therein;

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

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

Rule 7

Each house shall be divided into groups, care being taken to ensure
that neither the best nor the worst inmates are concentrated in one
group. Each group will be under a monitor who has been selected by
the house-master from the ranks of each group and may wear
distinguishing marks.

Rule 8

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

Rule 9 The inmates will be divided into four grades,

namely.

 
(1) The penal grade;

(2) the ordinary grade;

(3) the Star grade;

(4) the Special Star grade.

Rule 10

Every inmate shall remain in th ordinary grade in which he is placed on

reception in the school, for at least three months. He shall during that
period, be employed on domestic service, gardening or farming, be
carefully observed by the staff with special reference to his character,
mental disposition and fitness for a special training and subject to good
behaviour, be permitted to take part in games on Saturdays.

Rule 11

Promotion to the Star grade shall be made by selection by the

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

Rule 12
 

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

(1) Inmates promoted from the lower to a higher grade shall be

permitted to earn the extra badge money from the first of the month
following the date of promotion.

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

(3) Inmates discharged in the ordinary course or on bail or whose

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

(4) An inmate who is in transit from one school to another at Court, on

leave, or in an hospital (whether it be the school hospital or one
outside the school) shall be granted the badge money of his grade on
the scale earned by him during the previous year.

Rule 13
 

All badge money may be spent on objects approved by the

Superintendent or be invested in the local savings bank.

Rule 14

The Superintendent shall, to such extent as he considers suitable,

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

Rule 15

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

laborious work.

Rule 15A

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

Rule 16

The Superintendent may reduce for such period as considered

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

Rule 17

(1) The Superintendent may, at his discretion and subject to such

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

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

under sub-rule

(1) by the Superintendent for a maximum period of fifteen days, the

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

Rule 17A
 

The 1[Deputy Inspector General of Prisons having jurisdiction] in

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

Rule 18

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

Rule 19

Every case of overstay of leave shall be reported to the Inspector

General Daily routine.

Rule 20

All inmates, provided they are medically fit, shall be required to engage
in drill, study and labour for eight hours every working day . The
following daily routine shall be observed in the school:-
Rule 21

Literary instruction shall be given in the inmate's language and limited

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

Rule 22

Intelligent inmates who have satisfactorily completed the borstal

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

Rule 23

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

Rule 24

Monitors who in the opinion of the Superintendent are sufficiently

educated for the purpose, may be employed in the classes to assist the
teachers.

Rule 25

When an inmate fails to profit by instruction, the Superintendent may

exempt such inmates from attending the class and his time shall be
suitably utilised in other work.

Rule 26

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

Rule 27

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

Rule 28

In the workshops, work shall normally be done on orders received, but

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

Rule 29

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

Rule 30

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

Rule 31

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

Rule 32

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

Rule 33

The Superintendent should select from the teachers and instructors

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

Rule 34

Inmates permitted to take part in camps, scout activities, district

sports etc., outside the school may be granted leave not exceeding ten
days in a year for the purpose. Annual sports and prize distribution.

Rule 35

The Superintendent shall arrange for holding annual sports and for a
public distribution of prizes. Religious and moral instruction.

Rule 36

As far as possible all inmates shall receive religious and moral

instruction on Sundays from persons of their own religions approved by
the Superintendent or from honorary instructors of their own religion
approved by the Inspector - General. Holidays
Rule 37

Sundays, Christmas day, Good Friday, the King Emperor Birthday,

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

Rule 38

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

Rule 39

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

Rule 40

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

Rule 42

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

Rule 43

An adolescent offender, committed to a Borstal School shall be sent to

the Borstal School, Palamcottah, if his language is Tamil or Malayalam,
and to the Borstal School, Tanjore, if his language is Telugu, Kannada,
English, Hindustani or any other language.

Rule 44

All committing magistrates shall furnish the Superintendent of the

school as early as possible with a copy of the judgment and the
detailed information regarding the previous history, parentage
occupation, etc., required in the list of interrogatories in the form in
Appendix I.
Rule 45

An order committing an adolescent offender to a Borstal School under

Section 8 of the Act shall be in the form in Appendix III. Visiting
Committee

Rule 46

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

Rule 47

The District Magistrate shall be the Chairman of the Visiting Committee

appointed under sub-section (2) of Section 3.

Rule 48

In the absence of the Chairman, the members present at the meeting

shall elect one from among themselves to be the Chairman of the
meeting.

Rule 49
 

The Superintendent shall bring to the notice of the Inspector General,

the failure, of any member to attend three consecutive meetings. Such
member if he is non-official, may be removed from office.

Rule 50

Three members shall form at quorum. It shall be the duty of the

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

Rule 52

The minutes of each meeting shall be prepared by the Chairman and

sent to the Superintendent who will forward them with his remarks to
the Inspector-General
Rule 53

The Superintendent shall give effect to the resolutions of the

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

Rule 54

The Superintendent may decline to furnish any information required or

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

Rule 55

The Superintendent shall bring to the notice of the Visiting

Committee:-

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

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

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

Rule 56

In the case of inmates whom the Superintendent proposes to

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

(i) After the inmate is released on licence the Borstal Association will
provide the necessary grant required in each case according to
circumstances.

(ii) In the case of inmates belonging to other provinces and Native

States, the Inspector General shall be addressed for the appointment
of probation officers after the question of their release on licence is
considered by the Visiting Committee.

Rule 56A

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

(2) Every inmate discharged on the expiry of his term of detention

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

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

Superintendent of the School and the Chief Probation Superintendent
about inmates released on licence till the period of licence is over and
thereafter quarterly reports for two years as in the case of inmates
discharged after their full term of detention.
Rule 56B

In the case of inmates recommended for discharge under Section 21-A

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

Rule 57

The intimate to be discharged under sub-sec. (1) of Section 15, shall

execute a bond in the form appended (Appendix II).

Rule 58

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

Rule 59

An inmate may receive a visit on reception and subsequently once a

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

Rule 60

The Superintendent shall submit to the Inspector - General every year

in such form as the latter may , time to time direct.

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

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

APPENDIX 1 Form of Interrogatories (Borstal Schools)

APPENDIX I
 

(See Rule 44)

Form of Interrogatories (Borstal Schools)

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

2. What was the occupation of the adolescent prior to his conviction

and were his means of leaving adequate?

3. Give a brief statement of the circumstances which led him to commit

the crime he is convicted of.

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

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

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

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

after release from schools.
APPENDIX 2 APPENDIX

APPENDIX II

(See Rule 57)

[Bond executed by an inmate of a Borstal School discharged on licence

under sub-section (1) of Section 15 of the A.P Borstal Schools Act,
1925, by the Inspector - General of Prisons , A.P]

I , son of of the village of in the district of an inmate now detained in

the Borstal School at being informed that the Inspector - General of
Prisons , A.P will discharge me from detention on my assenting to the
conditions below ,do hereby bind myself;-

(1) immediately on discharge to proceed toand present myself to my

employer \probation officer;

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

(3) during the aforesaid period -

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

officer;

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

(c) to lead a sober and industrious life to the satisfaction of my

employer/probation officer; and

(d) to be of good conduct .

I here by agree to abide by the above conditions and , if I knowingly

violate any of them I shall render myself liable to be sent back to the
Borstal School

Signature of Inmate.

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

Witnesses;

1.

2.
 

Signature of Superintendent.

APPENDIX 3 APPENDIX

APPENDIX III

(See Rule 45)

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

To

The Superintendent,

.Borstal School

Whereas . aged . accused in case No. . of . was convicted on . by the .

Magistrate of . for the offence of . and after due enquiry I am satisfied
that it is expedient to send him to the Borstal School, this is to
authorize and require you the said Superintendent to receive the said .
into the Borstal School and there keep him for . years/or/until he
attains the age of 23 years.

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

2. Details of property on inmate's person

3. Descriptive roll

Name

Father's name

Sex,married or single

Race,religion and caste

Previous occupation, if any

Age

Descriptive marks

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

 

Signed

Magistrate or Judge.

APPENDIX 4 APPENDIX

APPENDIX IV

(See Rule 23)

(Form of Discharge Certificate)

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

Standard of education

Manual or other training received

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

 
 School Superintendent.

Date
Act Type : Andhra Pradesh State Acts