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The Maharashtra Borstal Schools Act, 1929
Act No. 18 of 1929
mh023
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LEGISLATIVE HISTORY 6 |
(a) "Borstal school" means a place in which young 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;
(b) "Inspector-General" means the Inspector-General of Prisons and includes [a Deputy Inspector-General of Prisons to whom the Inspector General may delegate all or any of his duties under this Act, with the prior approval of the State Government, and also] any officer appointed by the [ [State] Government] to perform all or any of the duties imposed by this Act the Inspector-General;
(c) "Prescribed" means prescribed by rules made under this Act.
4. Establishment of Borstal schools. - (1) For the purposes of this Act the [ [State] Government] may establish one or more Borstal schools. [1A) For every Borstal School, there shall be a Principal and such other officers and servants as the State Government thinks necessary.] (2) For every Borstal school, a visiting committee shall be appointed in such manner as may be prescribed. 5. Application of the Prisons Act, 1894, and the Prisoners Act, 1900. - Subject to any alterations, adaptations, and exceptions made by this Act and rules framed under it, the [Prisons Act, 1894], and the [Prisons Act, 1900] and the rule framed thereunder shall apply in the case of every Borstal school established under this Act as if it were a prison [the inmates prisoners and the, Principal Superintendent]. 6. Court may pass order for detention in a Borstal school. - When an offender is found guilty of an offence for which he is liable to be sentenced to transportation or imprisonment, or is liable to imprisonment for failure to furnish security under Chapter VIII of the Code of Criminal Procedure 1898, whether any previous conviction is proved against him or not, and it appears to the Court -(a) that the offender is not less than sixteen or, in any district or place in which [the Bombay Children Act, 1948, the Central Provinces and Berar Children Act, 1928 or the Hyderabad Children Act, 1951], is not in operation less than fifteen, nor more than twenty-one years of age, and
(b) that by reason of his criminal habits or tendencies or association with persons of bad character it is expedient that he should be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation,
it shall be lawful for the Court, if empowered in this behalf, to pass, in lieu of a sentence of transportation or imprisonment or of an order of imprisonment under section 123 of the Code of Criminal Procedure, 1898, an order for the detention of the offender in a Borstal school [established under this Act or subject to the provisions of section 13-A], in a Borstal school in any other [State] in [* * *] India for such term, not being less than [three] years nor more than five years, as the Court subject to rules made under this Act, thinks fit: Provided that before passing such an order the Court shall give an opportunity to the parents or guardians of the said offender to be heard and shall consider any report or representation which may be made to it as to the suitability of the case for treatment in [such Borstal school], and shall be satisfied that the character, state of health and mental condition of the offender and the other circumstances of the case, are such that the offender is likely to profit by such instruction and discipline as aforesaid. 7. Power of [State] Government to exempt. - The [ [State] Government] may, by rules made under this Act, direct that any class or classes of persons specified in such rules shall not be ordered to be detained in Borstal school. 8. Courts empowered to pass order for detention. - The powers conferred on Courts by this Act shall be exercised only by the High Court, a Court of Session, [* * * *] a salaried Presidency Magistrate, or a Magistrate of the first class and may be exercised by such Courts whether the case comes before them originally, or on appeal or in revision. 9. Procedure when Magistrate is not empowered to pass an order under this Act. - (1) When any Magistrate not empowered to pass an order for detention under this Act is of the opinion that an offender who has been found guilty by him or who has failed to furnish the security which the Magistrate has ordered him to furnish under Chapter VIII of the Code of Criminal Procedure, 1898, is a proper person to be detained in a Borstal school, he may, without passing any order, record such opinion and submit his proceedings and forward the offender to the [Magistrate of the first class] or the Chief Presidency Magistrate, as the case may be, to whom he is subordinate. (2) The [Magistrate of the first class] or Chief Presidency Magistrate to whom the proceedings are so submitted may transfer the proceedings to any Magistrate subordinate to him competent to pass an order under this Act, or, as the case may be, 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 enquiry (if any) as he may think fit and may pass such order for the detention of the offender in a Borstal school, or such other sentence or order, as he might have passed if such offender had originally been brought before or tried by him. 10. Limitation on powers conferred by section 6. - Any offender detained in a Borstal school for failure to furnish security when ordered to do so under section 106 or section 118 of the Code of Criminal Procedure, 1898, shall be released on furnishing such security or on the passing of an order under section 124 of the said Code. [11. Transfer from prison to Borstal school [or vice-versa]. - (1) If the Inspector-General is satisfied that a person undergoing transportation or imprisonment in consequence of a sentence [passed under any law or undergoing imprisonment under an order made under section 123 of the Code of Criminal Procedure, 1898, for failure to give security] being within the limits of age within which persons may be ordered to be detained in a Borstal school, by reason of his criminal habits or tendencies, or association with persons of bad character, might with advantage be detained in a Borstal school, the Inspector-General may by order in writing direct such person to be transferred from prison to a Borstal school [established under this Act or subject to the provisions of section 13A, to a Borstal school in any other [State] in [*] India] and to be detained in such school, in lieu of the unexpired residue of sentence, [or of the period of imprisonment which he is liable to undergo for failure to give security, as the case may be] for such period as together with the period of transportation, or imprisonment already undergone will not exceed the maximum period for which such person could have been ordered to be detained by a Court under section 6: Provided that the Inspector-General shall not, without the previous sanction of [the [State] Government], direct such person to be detained in a Borstal school for a period which including the period of imprisonment or transportation undergone exceeds the period of imprisonment or transportation to which such person has been sentenced [or the period of imprisonment which he is liable to undergo for failure to give security, as the case may be]. (2) A person transferred to a Borstal school under sub-section (1) shall upon transfer to such school be deemed to be an offender ordered to be detained by a Court under the provisions of section 6 and the provisions of the Act shall apply to such person accordingly.] [(3) Where a person transferred to a Borstal school under this section is at any time found unsuitable for training in the school, the Inspector-General may, on the recommendation of the Visiting Committee, commute the unexpired residue of the term of detention to such term of imprisonment as he may determine but in no case exceeding [the term of imprisonment in consequence of which such person was transferred to the Borstal school reduced by the period of imprisonment already undergone and of the period of detention in the Borstal school] and issue a warrant for confinement of the offender in a prison and thereupon the provisions of sub-section (2) of section 12 shall apply to such offender as if he had been so ordered to be confined in the prison by warrant under the hand of a Secretary to the State Government.] [(4) Where any person after he has been detained in a Borstal school has been found guilty of an offence committed before his detention therein and sentenced to imprisonment mentioned in sub-section (1) by a court of law, then the Inspector-General may by order in writing commute the period of such imprisonment to that of detention in a Borstal school, and notwithstanding anything contained in this Act direct that such person be detained in the Borstal school beyond the normal period of detention therein for such period as together with the period of imprisonment already undergone will not exceed the maximum period for which such person could have been ordered to be detained by a Court under section 6: Provided that no such person shall be detained in the Borstal school after he has attained the age of twenty-five years.] 12. Transfer of incorrigibles etc, to prison. - (1) Where an offender detained [by a Court] in a Borstal school escapes, or is reported to the [ [State] Government] by the Inspector-General to be incorrigible or to exercise [or to be likely to exercise] a bad influence' on the other inmates of the school, [or to be more than twenty years of age]. [ [* * *] ] or is, in the opinion of the [State] Government otherwise unsuitable for training in a Borstal school] the [ [State] Government] may commute the unexpired residue of the term of detention to such term of imprisonment of either description as the [ [State] Government] may determine, but in no case exceeding the shorter of the following two periods:-(a) the unexpired residue of the term of detention, or
(b) the maximum period of imprisonment provided by law for the offence of which the offender was found guilty or the failure to give security, as the case may be, in consequence of which the offender was ordered to be detained in a Borstal school [* * * * * *]
(2) Such offender may be confined in any prison within the [State of Maharashtra] by warrant 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 sentenced by a competent court of criminal jurisdiction. 13. [State] Government to determine the Borstal school in which a person shall be detained and may order removal. - (1) Every offender ordered to be detained in a Borstal school shall be detained in such Borstal school as the [ [State] Government] may, by general or special order, or in the prescribed manner appoint for reception of persons so ordered to be detained: Provided that, if accommodation in a Borstal school is not immediately available for such offender, he may be detained in a special word, 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. (2) The [inspector General] may order the removal of any offender from any one Borstal school to any other Borstal school, [established under this Act or to a Borstal school in any other [State] in [*] India] [* * *] provided that the whole period his detention in a Borstal school shall not be increased by such removal. [13A. Power to order detention in or removal of offenders to a Borstal school in another [State]. - (1) No order for the detention in or transfer or removal to a Borstal school in any other [State] in [* *] India [* * *] shall be passed except with the previous concurrence of the officer in charge of such Borstal school and unless the [ [State] Government] of the said [State] [* * *] under any law in force therein or by general or special order, has consented or is empowered, to receive such offender for detention in such Borstal school. Power to accept transfers of offenders from another [State] to a Borstal School in the Presidency. (2) The officer in charge of a Borstal school established under this Act may, subject to the rules made in this behalf, give effect to any order for the detention therein of any person passed by any authority under any enactment in force in any other [State] [*] India [* * *] A person detained in such Borstal school under this provision shall be deemed to be an offender ordered to be detained under the provisions of section 6 and the provisions of this Act shall apply to such person accordingly.] [13B. Removal of person detained to civil hospital in [State] for medical treatment. - (1) If an offender detained in a Borstal school is suffering from any illness and the Inspector-General is satisfied that it is not possible to render to him proper medical care or treatment in the school, the Inspector-General may provide for the removal of such offender to any civil hospital in the [State] for the purpose of undergoing medical treatment and for his return to the school after such treatment is undergone. (2) The period during which an offender is absent from a Borstal school under sub-section (1) shall, for the purposes of computing his term of detention in the school, be deemed to be part of that detention.] 14. 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 e and lead a useful and industrious life, discharge him from the Borstal school and rant him a written licence in the prescribed form and on the prescribed conditions permitting him to live under the supervision and authority of such:-(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. [(1A) 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 15 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 subsection (1).] (2) A licence under this section shall be in force until the expiry of the term for which the offender was ordered to be detained in a Borstal school, unless sooner revoked. (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. [15. Suspension or revocation of licence. - (1) Subject to any general or special directions of the State Government, a licence granted under section 14 may at any time be suspended by the Principal of the Borstal School or the Inspector-General for a period not exceeding three months or be revoked by the Inspector-General in consultation 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 deems necessary, either through a Probation Officer or otherwise. (2) If an offender removes himself from the supervision of the institution, society or person under which he was by licence permitted to live, his licence shall be deemed to have been revoked from the date on which he has so removed himself. (3) When any licence is suspended or revoked or deemed to be revoked, the offender shall forthwith return to the Borstal School and if he fails to do so he may be arrested by any Police Officer without a warrant and sent back to the school. (4) On the suspension or revocation of a licence, the period beginning from the date on which the licence is suspended or revoked or deemed to be revoked till the date on which the offender returns to the school or is arrested, whichever is earlier, shall, subject to the provisions of section 17, be excluded in computing the period for which he has been ordered to be detained in a Borstal School.] 16. Subsequent supervision. - (1) When the Inspector-General and the Visiting Committee report that the conduct [or progress] of any offender detained in a Borstal school has been such that it is expedient that he shall remain under supervision for a further period after the e of the term of detention, the [ [State] Government] may direct that he shall, on the expiration of the term of his detention, remain for a further period not exceeding one year under the supervision of such authority, society or person as the Inspector-General, subject to rules made under this Act, may direct. [(2) The [State] Government may, [on a further report by the Inspector General and the Visiting Committee or otherwise and after making such enquiry as it considers necessary], direct that the offender who is under supervision in accordance with subsection (1) shall:-(a) again be detained in a Borstal school for such period as it may think fit, or
(b) [* * * * * * *] undergo imprisonment of such description and for such period as it may direct:
Provided that the local period of supervision, detention and imprisonment, under this section shall not exceed one year. (3) The provisions of sub-section (2) of section 12 shall apply when an offender is directed to undergo imprisonment under sub-section (2) of this section.] 17. Period of detention. - No person shall be detained in a Borstal school after he has, in the opinion of the [ [State] Government], attained the age of twenty-three years, or if in any particular case the [ [State] Government] so directs, after he has attained the age of twenty-five years. [l7A. Discharge from Borstal school. - The [ [State] Government] may at any time order any person detained in a Borstal school to be discharged from such school, either absolutely or on such conditions as may be imposed.] 17B. [Investigating Committee to investigate into complaints against offenders discharged on probation, etc.] Deleted by Maharashtra 21 of 1960, Section 14. 18. Arrest of offender escaping from Borstal school, or escaping from supervision. - Any offender, who, in contravention of the provisions of this Act, has escaped from a Borstal school [or has escaped from a civil hospital to which he was removed for treatment under section 13B] or has escaped from the supervision of any authority, institution, society or person under whose supervision he has been directed to remain, or has been permitted to live by licence under section 14, [or has committed a breach of any of the conditions imposed under section 17A] may be arrested by any officer of Police without warrant and without the order of a Magistrate and sent back to the Borstal school [or to the civil hospital] or to such authority, institution, society or person as the case may be. 19. Rules. - (1) The [ [State] Government] may make rules for the regulation and 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 management of Borstal school 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 of offenders may, within the limits fixed by this Act, be ordered to be detained in such school;
(h) the class or classes (if any) of offenders who shall not be ordered to be detained in such school;
[(hh) 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] ;]
(i) the form and conditions of licences granted under section 14;
(j) the supervision of offenders after the expiration of the term o detention;
(k) the transfer of incorrigible offenders from a Borstal school to prison,
[(l) the conditions on which an offender may be discharged under section 17A;]
(3) The making of rules under this section shall be subject to the condition of previous publication. [All rules made under this section shall be laid before each House of the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.] 20. Removal of disqualification. - The [ [State] Government] may, on the recommendation of the Inspector General and the Visiting Committee, or otherwise remove any disqualification incurred by an offender ordered to be detained in a Borstal school on account of such detention. 21. Appeal or revision. - For the purpose of appeal and revision under the Code of Criminal Procedure, 1898, an order of detention under section 6 of this Act shall be deemed to be a sentence of imprisonment for the same period: [* * * * *] [22. Repeal of C.P. and Berar IX of 1928 and Hyderabad XV of 1956 and saving. - On the commencement of the Bombay Borstal Schools (Extension and Amendment) Act, 1960, the Central Provinces and Berar Borstal Act, 1928, in its application to the Vidarbha regoin of the State of Maharashtra and the Hyderabad Borstal Schools Act, 1956, in its application to the Hyderabad area of the State of Maharashtra, shall stand repealed: Provided that, the repeal shall not affect-(a) the previous operation of any of the laws so repealed, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any of the laws so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the laws so repealed, or
(d) any investigation, 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, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the Bombay Borstal Schools (Extension and Amendment) Act, 1960 had not commenced in the area in which the repealed law was in force: Provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment made, detention order passed, notification, order or direction issued, rule or form framed, licence or certificate granted) under any such law shall, in so far as it is not inconsistent with this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.]Notifications
G. N., H. D., No. BSA.1058-IV, dated 28th December, 1960 (M. G., Part IV-B, page 3) - In exercise of the powers conferred by sub-section (2) of Section 1 of the Bombay Borstal Schools (Extension and Amendment) Act, 1960 (Maharashtra XXI of 1960), the Government of Maharashtra hereby appoints the 1st day of January 1961 to be the date on which the said Act shall come into force. G. N., H. D., No. 7311(IV)(a), dated 5th March, 1931 (B. G., Part I, page 584) - In exercise of the powers conferred by sub-section (2) of Section 2 of the Bombay Borstal Schools Act, 1929 (Bombay XVIII of 1929), the Governor in Council is pleased to appoint the 1st April 1931 as the date with effect from which the said Act shall come into operation.G. O., H. D., No. BSA. 1263/3975-(ii)-IV, dated 30th January, 1963 (M.G., Part IV-B, page 195)
Superseded by G. O., H. D., No. JLD. 1087/13 (33)/PRS-2(i), dated 26th February, 1990 (M.G., Part IV-B, page 443)
G. O., H. D., No. JLD. 1087/13 (33)/PRS-2(i), dated 26th February, 1990 (M. G., Part IV-B, page 443) - In exercise of the powers conferred by sub-section (1) of section 4 of the Bombay Borstal School Act, 1929 (Bombay XVIII of 1929), and of all other powers enabling it in this behalf and in supersession of Government Order. Home Department, No. BSA. 1263/3975(ii)-IV, dated the 30th January, 1963 and Government Resolution, Home Department, No. RJM. 1071(I)/47373-XVI, dated 22nd August, 1972, the Government of Maharashtra hereby declares the building situated in City Survey No. 6690 at Nashik, in Nashik District known as the Nashik District Prison, Class II, admeasuring 1.29.79 hectares to be a Borstal school for the purposes of the said Act, which shall be known as the Borstal School, Nashik.
