The Rules For the Administration, Admission and Rehabilitation of Persons in Homes and Shelters, 1970
Published vide Notification No. GSR 244/F 8(2) Rules/SW/ 70/419701, dated 13-8-1970, Published in Rajasthan General Gazette part 4-C, dated 18-2-1971
RJ282
LEGISLATIVE HISTORY 6 |
Chapter - I
1. Short title-Rules for Homes & Shelters. - These rules shall be called - (a) "Rules for Homes and Shelters" (b) These rules shall apply to all Homes and Shelters established by the Social Welfare Department, under the Moral and Social Hygiene and After care Programmes. (c) These shall come into force with effect from the date of their publication in the Rajasthan Rajpatra. 2. Definitions. - In these rules, unless the context otherwise requires. -(a) "Act" means the Suppression of Immoral Traffic in Women and Girls Act, 1956;
(b) "Association" means Rajasthan State Branch of the Association for Moral and Social Hygiene in India;
(c) "Chief Inspector" means the Chief Inspector appointed by the Government for Protective Homes, Aftercare Homes, Children Homes, Approved and Certified Schools etc;
(d) "Director" means the Director of Social Welfare Department, Rajasthan;
(e) "Committee" means a Committee constituted under rule 28 for each Home/Shelter in the State of Rajasthan;
(f) "District Probation officer" means the District Probation officer appointed under rule 2(6) of the Rajasthan Probation of offenders Rules, 1962;
(g) "Government" means the Government of Rajasthan;
(h) "Home" means and includes -
(i) Home for rescued Women,
(ii) Aftercare Home for Men and Women,
(iii) Protective Home as established or declared by the State Government under section 21 of the Act.
(i) "Shelter" means and includes any shelter or reception centre opened by the Government for the purposes of admitting men and women eligible for admission in the Home or Shelter, as per these rules or according to the provisions of the Act;
(j) "Superintendent" means the principal officer incharge of a Home of Shelter and includes Assistant Superintendent or persons specially appointed to discharge the functions of a Superintendent.
3. Location. - The Government shall establish, maintain or recognised Homes and Shelters at suitable places in the State. 4. Area of operation. - The area of operation for each Home or Shelter shall be as defined by the Director. 5. Accommodation. - (1) Each Home shall ordinarily have an accommodation of 100 inmates and each Shelter for 25 inmates, but the Director shall have powers to revise this strength from time to time. (2) It should be ensured that rescued women and hardened exprisoners are not mixed up with other groups. If practical considerations, convenience or exigency require several groups to be accommodated in the same Home, this should be taken care of by making separate arrangements for each groups and by an appropriate intake policy following upon an adequate system of investigation and classification. 6. Rescue Homes. - The Government may establish or maintain a State Rescue Home for the women facing moral danger, or those rescued from immoral traffic. Female ex - convicts will not ordinarily be admitted in this Home but shall be allowed to be admitted as a special care only with the permission of the Chief Inspector. This Home shall be a long stay home at the State level for the custody, protection and training of the females for their rehabilitation. Rescued women shall not be allowed to mix with other groups. 7. After care Home. - (a) The Government may establish or maintain Aftercare Homes for men and women separately, for persons discharged from both care and custodial institutions, such as Jails, Approved Schools, Certified Schools, Reformatories, Borstal Schools, Children Homes, Orphanages, Shelters, Probation Homes etc. Such a Home will be a long - stay Home for the residence and training of persons for their emotional, social and economic rehabilitation.(b) Protective Home. - The Government may establish or maintain a Protective or declare any institution as a Protective Home under section 21 of the Act for admission, stay and protection of female person send under the provisions of the Act.
Chapter - II
Institutional programme
8. Eligibility for admission. - (1) The institutions of Homes and Shelters will admit men or women, as the case may be, according to their eligibility defined in rules 2(i), 6 and 7 above. (2) Children below the age of 7 years may be allowed to stay in a Home and Shelter along with their parents provided no other arrangement is possible. Children above the age of 7 years may be sent to orphanages or elsewhere. (3) Any other person requiring shelter, care or aftercare may be admitted with the permission of the Chief Inspector. 9. Re-admission. - Re-admission of a person once discharged from a Shelter or Home shall be allowed only with the permission of the Chief Inspector or under a Court order. Permission shall have to be sought within a week after such re-admission. 10. Sources of admission. - Admission to the Home or Shelter will be made subject to availability of accommodation and facilities:-(a) On a court order under the Act or otherwise.
(b) On the recommendations of a reputed Social Worker or recognised Voluntary Agency working in the field of Moral and Social Hygiene.
(c) On the recommendations or consent of a parent/husband/legal guardian.
(d) on the request of a person in need of protection.
(e) On being sent by police, but no such inmate once admitted shall be handed over to any one without the order of a Court of the Magistrate, 1st Class or the Chief Inspector.
(f) On being recommended by the Committee.
11. Restriction on admission. - (a) Mental cases and persons suffering from leprosy and other infectious or communicable disease shall not be admitted into these Homes or Shelters.(b) No person shall be allowed admission except under rule 10(a) and (e) unless adequate investigation at the Shelters and the Homes have been made by a duly trained worker.
(c) In female Homes or Shelters admission shall be restricted, as far as possible, to the age groups of 14 to 45 years.
(d) In a male After - care Home persons above 45 years will not be admitted.
12. Procedure for admission. - (a) A person shall be admitted in a Home or Shelter on receiving an application in the prescribed form through any of persons mentioned in rule 10 above and his/her particulars will be recorded in the Register of Admissions and Discharge.(b) The Superintendent or the Assistant Superintendent as the case may be, of any Home or Shelter shall be empowered to grant admission to a person received through court or police, and provisional admission in other cases. As soon as a person received through court or police is admitted, and in other cases provisionally admitted, a report of this fact will be prepared in four copies in Form 1 .A. One copy of the report shall be forwarded to each of the Chairman of the Committee, the Chief Inspector and Director, Social Welfare within 24 years. Approval for final admission to persons other than received through court or police shall be obtained, after necessary investigations, latest within a week, from the Chairman of the Committee or from the Chief Inspector, if the Chairman of the Committee is not available or special permission is necessary under rule 8(3). The report for final admission shall be made in Form I-B.
(c) In case admission is disallowed by the Chairman of the Committee, the Superintendent or the Assistant Superintendent may refer the case to the Chief Inspector. The decision of the Chief Inspector in such case shall be final.
(d) A new comer shall be interviewed by the Superintendent or the Assistant Superintendent of the Home or Shelter to assess his/her suitability for admission. On admission she/he shall be kept in quarantine for a fortnight and medically examined. If found fit physically and free of any communicable disease, he/she shall be accommodated in the respective block meant for him/her.
(e) At the time of admission, particulars of jewellary, cash and other belongings will be entered in the prescribed register and taken custody of by the Superintendent under the witness of two literate employees of the institution. The Property Register of inmates shall be checked and properly verified by the Chief Inspector once in every two months.
13. Period of stay. - (a) No person shall be allowed to stay for more than three months in a Shelter without the permission of the Chief Inspector. If a longer stay is necessary such person may be sent to a suitable Home under the directions of the Chief Inspector.(b) Ordinarily an inmate-will not be allowed to stay for more than 18 months in an After care Home. When it is found that an inmate should be allowed to stay in the institution beyond 16 months, the Superintendent shall refer the case to the Chief Inspector with necessary details and recommendations. The decision of the Chief Inspector in such case shall be final.
(c) A female inmate may be allowed to stay in the Home for a period not exceeding 18 months or till her training in a particular trade or profession is completed or as directed by any court orders. If it is found that an inmate should be allowed to stay in the institution beyond 16 months, the Superintendent shall refer the case to the Chief Inspector with necessary details and recommendations. The decision of the Chief Inspector in such case shall be final.
(d) If an inmate of the Home or Shelter has secured a job or employment he/she may be allowed to continue to live in the Home or Shelter for a period not longer than two months, with the permission of the Chief Inspector.
14. Discharge of inmates. - (a) A female inmate admitted through a court order will be discharged under orders of the court or with the permission of the Chief Inspector. A female inmate admitted through police shall not be discharged or handed over to any one without the order of a court of Magistrate I Class or the Chief Inspector. Permission of the Chief Inspector shall be obtained to discharge other female inmates for their proper rehabilitation. Any person who leaves the Home or Shelter without permission and does not come back within a week, will be discharged. Ordinarily an inmate should be discharged when the programme of counselling, assistance and training of inmates to enable them to live as a self reliant, respectful, honest and useful citizen is completed. An inmate may also be discharged as a disciplinary measure with the prior sanction of the Chief Inspector.(b) When an inmate is discharged from the Home or Shelter under these rules he/she will be allowed to take back the jewellary, cash and other belongings which were deposited at the time of his/her admission or as a result of his/her earnings during stay in the Home or Shelter. In case of transfer of an inmate from one institution to another the above property will also be transferred.
(c) If the inmate has insufficient or indecent clothes, he/shall be allowed to leave the Home or Shelter on discharge or transfer with one set of clothes on his/her body.
15. Transfer of inmates. - Permission in writing shall be obtained from the Chief Inspector before any transfer of inmates is made from one institution to another. 16. Death of inmates. - In case of death of any of the inmates, the Superintendent or the Assistant Superintendent of the Home or Shelter shall immediately report the circumstances of the case to the Director, Chief Inspector, District Superintendent of Police and to the nearest Magistrate; copy of the report shall also be sent to the parents or guardians or relatives as the case may be of the inmate. 17. Daily routine. - A programme of daily routine activities in a Home or Shelter shall be drawn up by the Superintendent or the Assistant Superintendent in consultation with the Chief Inspector. In doing so, following points are to be kept in view(1) The difference in the needs of mental and social adjustment of various inmates.
(2) The need for some community recreation and social education during the leisure hours.
(3) The need for educational and vocational training for various inmates including literacy arrangements.
(4) All inmates should do their own room - cleaning and assist in cooking in batches and help in keeping the premises clean. They should also wash their own clothes. Self - help in all these matters should be promoted.
(5) The need for placement of inmates on jobs and occupations leading to their rehabilitation..
18. Educational Programme. - There shall be arrangements in a Home or outside in educational institutions for imparting suitable education to inmates at Government cost, if necessary for their proper rehabilitation. 19. Training and Production Programme. - (a) There shall be as far as possible Training and Production Units attached to each Home for affording facilities for training in different crafts and trades. These should suit the local conditions and local requirements and be such as may be helpful for the ultimate rehabilitation of the inmates.(b) While working in the Training and Production units, inmates will be entitled for incentive wages at rates prescribed by the Government for various crafts and trades under a particular scheme. Payment of these wages will be arranged accordingly to directions of the Government in this behalf.
(c) Facilities may be provided to inmates for training in skills, professions and trades outside the Home on Government cost, if necessary for their proper rehabilitation.
(d) In each shelter there shall be arrangements for keeping the idle inmates gainfully busy in crafts and skills of ordinary nature.
20. Rehabilitation. - (1) The final aim of any programme of care or aftercare is complete rehabilitation through measures calculated to promote self - reliance, self - respect, discipline and emotional and social adjustment. Such a rehabilitation of each inmate in a Home or Shelter shall be achieved through programmes of counselling, assistance, education and training etc. The procedure involved shall be the medical examination, classified assessment of aptitude, skills and attitudes, contact with parents and relatives investigation into individuals background preparation of rehabilitation plan for each inmate and discussions on these plans in a monthly case conference. Case work practice shall be adopted by the staff in dealing with inmates for their proper rehabilitation. (2) Rehabilitation may be achieved in any of the following ways:(a) Restoring the inmates to his family.
(b) Counselling the inmate and his or her relatives to facilitate their re - adjustment.
(c) Imparting suitable training in a craft, trade or profession inside or outside the institution and thereby enabling the person to earn his or her livelihood.
(d) Enabling the inmate to secure a job or employment but no female inmate of 40 years or below be sponsored for the job of a domestic servant.
(e) Arranging marriage of a female who is unmarried, widow or divorced with a suitable person.
(f) Minor children unclaimed by their parents may be given in adoption after observing legal formalities, and safe - guarding their future welfare.
(g) Providing financial assistance to inmates for establishing themselves in trades or occupations.
(3) The rehabilitation plan for each inmate shall be submitted to the Chief Inspector for approval and shall be implemented after the approval has been accorded. 21. Procedure of arranging the marriage of a female inmate. - (1) On receipt of an informal proposal from an intending suitor the Superintendent shall supply him with two copies of form of the suitors proposal for marriage, on payment of the price, if any, fixed in by the Director. These forms will be returned to the Superintendent duly filled in by the suitor with necessary enclosures. (2) The Superintendent shall forward one copy of the suitor's proposal to the concerned District Probation officer, if she is satisfied that -(a) The suitor is an earning member capable of maintaining a family.
(b) The suitor is hale and healthy without any communicable or infectious diseases.
(c) The suitor is an unmarried person or a widower with or without children. In the case of a person having a living wife, he must get a legal divorce of such a wife and the divorce certificate from a competent court shall be produced for verification.
(3) The District Probation officer shall conduct the Home enquiries of the suitor and forward the Home enquiry report to the Superintendent as early as possible and not later than one month from the date of receipt of the proposal by him. The District Probation officer shall also send a copy of the Home Enquiry Report to the Chief Inspector along with the copy of suitor's proposal received by him from the Superintendent. (4) On receipt of the Home Enquiry Report from the District Probation officer, the Superintendent will propose suitable girls with their case evaluation reports to the Marriage Sub - Committee, if -(a) The girl is willing to marry the suitor;
(b) The consent of the parents or guardians, if necessary, has been obtained;
(c) The medical officer has certified that the inmate selected is fit for marriage;
(d) The girl belongs to the same religious persuation.
(5) Recommendations of the Marriage Sub-Committee shall be forwarded by the Superintendent to the Chief Inspector with her own comments, alongwith the case file and other necessary record of the case. (6) The Chief Inspector shall examine the case and intimate his approval or disapproval of the marriage proposal to Superintendent concerned. In case the Chief Inspector disagrees with the recommendations of the Marriage Sub-Committee, he will obtain orders of the Director in the matter. (7) If the marriage proposal is approved, the Superintendent shall direct the suitor to deposit Rs. 200/ - which shall be the property of the inmate and shall be refunded to her after a year. (8) The marriage, even if performed formally according to custom, shall be registered under the Registration of Marriages Act within three months of the marriage. (9) Immediately after the marriage, the Superintendent will issue a marriage certificate and forward a copy of it to the Chief Inspector for information in the prescribed form. At the same time she will obtain the undertaking from the husband of discharging the girl to his care in the prescribed form of undertaking for lawful guardians. (10) In deserving cases, before the marriage takes place, the Chief Inspector shall sanction a marriage grant of Rs. [3500/-] to the inmate for equipping the inmate with utensils and other domestic or personal necessities. (11) The Chief Inspector shall sanction an expenditure Rs. [500/-] for celebrating each marriage. In cases where the bridegroom is content to have the marriage celebrated in a simple manner, a nominal expenditure should be incurred for the marriage. (12) The Chief Inspector may circulate the proposal with Home Enquiry Report received from the District Probation officer among Superintendents of the institutions for proposing a suitable girl. 22. Follow - up service after discharge. - (1) The aim of care and aftercare programmes does not end with the rehabilitation of a person. The authorities incharge of a Home or Shelter shall maintain contact as far as practicable, with persons discharged from the Home or Shelter with a view to minimise and eliminate chances of their relapsing into old habits and coming under unhealthy influences. The Committee and the supervising staff shall make all efforts in this direction. The supervising officer shall, for this purpose, work in close co-operation with the District Probation officers and employer or parents of inmates and Social Workers concerned. An assessment note about the inmate, containing his criminal and social history, information regarding his behaviour and performances in the institution and re - habilitation plan for him/her etc., may be drawn up and forwarded to the concerned District Probation officer. The District Probation officer shall take care of the follow-up and if necessary, inform the Superintendent or Assistant Superintendent of the Home or Shelter concerned. (2) A register shall be maintained in each Home and Shelter and by the District Probation officer, recording the name of the inmate, his or her address, age, qualifications, nature or problem in which the inmate was involved, treatment given in the Home or Shelter, nature of final rehabilitation and the remarks about the follow-up action with progress. 23. Discipline among inmates. - The following acts shall be forbidden in a Home or a Shelter:-(a) Quarreling with any other inmates;
(b) Any assault or use of criminal force against any one;
(c) Use of insulting, obscene or threatening language;
(d) Immoral or indecent or disorderly behaviour;
(e) Wilfully damaging the Home property;
(f) Willful mismanagement of work;
(g) Tempering with or defacing history tickets, records, documents or tools;
(h) Receiving, possessing or transferring any prohibited articles;
(i) Wilfully bringing false accusation against any member of the staff or any inmate;
(j) Conspiring to escape or assisting any one in escape;
(k) Refusing to take food or wilfully destroying food;
(l) Committing nuisance in any part of the institution;
(m) Disobeying orders the Superintendent or Assistant Superintendent;
(n) Communicating with any person outside the Home or Shelter except with the permission of the officer-in-charge of the institution.
24. Punishment for indiscipline. - (1) The Superintendent may award any of the following punishments for the act or acts specified in rule 23 -(a) temporary cessation of visits of parents or guardians,
(b) deprivation of play hours,
(c) change to work of harder nature for a period not exceeding three months.
(2) A punishment book shall be maintained in each Home or Shelter by the Superintendent or the Assistant Superintendent who shall record full particulars of the punishment awarded by him/her together with the nature of offences, the names of the offenders and the number of previous punishments awarded to them. (3) An extract from the punishment book of entries of every month shall be sent by the Superintendent or the Assistant Superintendent to the Chief Inspector before the 10th of the following month. (4) When any offence under the Indian Penal Code is committed by an inmate of the Home or Shelter, the Superintendent or the Assistant Superintendent shall -(a) if the offence is non-cognizable, file a complaint with the prior permission of the Chief Inspector, and
(b) if the offence is cognizable refer the case to the officer - in - charge of the Police Station within whose jurisdiction the Home of Shelter is situate, and send a report to the Chief Inspector.
(5) No punishment other than those mentioned in rule 24, sub-rule (1) shall be awarded to or inflicted upon any inmate, and any member of the staff responsible for inflicting any unauthorised or unrecorded punishment of any inmate shall be liable for severe disciplinary action.Chapter - III
Equipment, Diet and other Miscellaneous facilities
25. Cloths and other equipments. - (1) On admission into the Home or Shelter, each inmate shall be supplied with clothes, beddings, utensils, soap, hair oil and comb etc. at the scale prescribed by the Government from time to time.(2) The Director shall determine the standard pattern and the life of articles to be supplied to inmates. (3) Each inmate's clothing and equipment shall be renewed from time to time as the necessity arises. 26. Diet. - The inmates shall be dieted according to the scale prescribed by the Government from time to time. 27. Journey expenses of the inmates of the homes and shelters. - (1) Journey expenses will be allowed at the following scale :-(a) The lowest charge of the cheapest conveyance available on the route will be payable to the inmates;
(b) A subsistence allowance of Rs. 1.50 per day subject to maximum of 3 days under ordinary circumstances, will be paid to each of the inmates performing the journey exceeding five miles from one institution to other institution or to the place of interview or appointment or rehabilitation of any other kind and vice versa. If more than four hours are required to reach the place of destination.
(c) No inmate should ordinarily be allowed more than three interviews at Government cost for the purpose of attending interviews, rehabilitation or job placement. Any relaxation to this rule can only be made in deserving cases under specific approval of the Chief Inspector.
(d) Every female inmate of the institution shall be accompanied by a female employee of the Home. Outsider selected for admission into the x Home for women or Shelter may be accompanied by her female attendant, if any, and in such cases the attendant may be paid the actual charge of the cheapest conveyance available for both the ways, if incurred, and subsistence allowance of Rs. 1.50 each per day on production of a certificate from the local revenue authority or the Sarpanch to the effect that the woman seeking admission into the Home is actually poor and has no means to meet journey expenses from her place to the Home or Shelter and one escort is necessary in her case. A female employee of the Home or Shelter may also be sent to bring outsiders selected for admission to the Home or Shelter.
28. Interview. - The inmates of the Home or Shelter shall be allowed interview with their relatives in the presence of the Superintendent or the Assistant Superintendent within the premises of the institution. Ordinarily visiting hours shall be fixed on Sundays. 29. Letter. - (1) Each inmate shall be allowed to write two letters in a month to his/her friend or relatives. (2) Writing materials and service post - card shall be issued to the inmates. If reply cards or envelopes are received from the relatives, the expenditure may be reduced correspondingly. (3) The Superintendent, may pursue any letter written by or to an inmate and may, for any reason that he/she considers sufficient, refuse to deliver or issue the letter and may destroy the same, after recording his reasons in the book maintained in form prescribed for the purpose. 30. Private cash. - The private cash of inmates shall be kept in a pass book opened in his/her name in the Post office Savings Bank Account and shall be preserves by the Superintendent or the Assistant Superintendent of the Home or Shelter until the date of his/her discharge from the institution. In this account shall also be deposited all moneys which the inmate may get for work done by him inside or outside the institution or received from parents, relatives or others. The inmate shall be permitted to withdraw from his/her savings account not more than rupees two in any one week except where the Chief Inspector is satisfied that the extra money is required for reasonable cause. [The Superintendent or the Assistant Superintendent of the Home or Shelter as the case may be, shall maintain the register of private cash of inmates showing the account of deposits, withdrawals and balances in the Post office Saving Bank Accounts and cash in hand, if any. This register shall be checked by the Chief Inspector once in every two months.] 31. Medical care. - (1) Every Home or Shelter provide adequate medical facilities to the inmates. Those requiring medical treatment shall be attended to by a Medical officer who shall be a registered medical practitioner, or sent to any Government Hospital. (2) The Medical officer shall visit the Home or Shelter as the case may be, regularly and examine the health of Every inmate at least once in a month and the result thereof shall be noted in the history ticket of the inmate.Chapter IV
Committee
32. Committee. - There shall be a Committee for each Home and Shelter. The Committee for a Home shall consist of seven members and that for a Shelter of five members inclusive of the Chairman, ordinarily not more than one-third of the total members shall be official. The Committee shall also function as Board of Visitors under Rajasthan Suppression of Immoral Traffic in Women and Girls Rules, 1958. The Chairman will be the President of the Board of Visitors. 33. Chairman. - Each Committee shall have a Chairman and a Secretary. The Chairman shall ordinarily be a non-official. The Chairman of the Committee of State Rescue Home or an After care Home for women shall [invariably be a non-official women and social worker]. 34. Ex-officio Secretary. - The Superintendent or the Assistant Superintendent shall be ex-officio Secretary of the respective Committee. He/She shall be responsible for convening the meetings of the Committee in consultation with the Chairman for putting up agenda for meetings and for recording and preserving the minutes of the meetings and for other such incidental matters. The minutes recorded by the Secretary in a Minute Book shall be placed before the Chairman of the meeting for his/her signature in confirmation of the minutes. A copy of the minutes will be forwarded to the Chief Inspector within a fortnight from the date of meeting. 35. Ex-officio member. - The Chief Inspector and the District Probation officer shall be ex-officio members of the Committee. 36. Nominate of members. - While nominating the members for the committee, the state Government may, as far as possible, select from amongst the following :-For official members of the Committee:-
1. District Magistrate (for Homes)
2. Superintendent of Police.
3. District Medical officer of Health.
4. Superintendent of local Jail.
5. officer of the Educational Department.
6. Employment officer.
For the non - official members of the Committee :
1. Representative of the local welfare organisation.
2. Representative of the local Municipality.
3. Representative of the local legal profession.
4. Representative of the local business community.
[5]. Educationist.
[6]. Social Worker.
37. Term of office. - The members of the Committee shall hold office ordinarily for two years from the date of their appointment. Any member may, however, be re-appointed to hold membership of the Committee to the extent of five years at the maximum at a stretch. Government may remove a member for reasons as may appear to them sufficient. 38. Resignation. - Any non-official member who wishes to resign sell send his resignation to the Chairman of the Committee, who shall refer it to the Government through the Director. 39. Removal. - The Committee shall be empowered to recommend the removal of any non-official member for failure to attend three consecutive meetings or for other sufficient reason. Such recommendations shall be made to the Government through the Director. 40. Meetings. - The Committee shall ordinarily meet once in two months. Additional meetings shall be called when deemed necessary by the Chairman or by the Secretary in consultation with the Chairman or when one-third of the number of members so desire by a properly signed requisition. 41. Quorum. - The quorum for a meeting of the Committee shall be one - third of the number of members. The Chairman shall preside at every meeting. If the Chairman is absent from any meeting the members present shall select one of the members to preside over the meeting. At least seven clear days notice will be given by the Secretary for the meeting of the Committee. However, urgent meetings can be held with the permission of the Chairman at a shorter notice. 42. Sub-committee. - (a) The Committee shall be empowered to appoint Sub - Committee of two or three members to look after specific items of work and to delegate its powers to them. Following Sub-Committees may be formed by each Committee:-(1) Administration Sub-Committee.
(2) Education and Training Sub-Committee.
(3) Marriage Sub-Committee.
(b) Case Committee. - (i) The Committee shall nominate one of its members on the Case Committee of the institution. Other members of the Case Committee will be as follows:-
(1) District Probation officer.
(2) Superintendent or Assistant Superintendent of the institution.
(3) Case Worker/Investigator.
(4) Superintendent of the Deputy Superintendent of Jails, if there is a Jail at the place of the institution.
(5) Psychologist.
(i) The Chief Inspector will participate in the meeting of each Case Committee at least once in a year.
(ii) The Case Committees shall discuss the case histories of inmates in a monthly conference at the Home/Shelter.
(iii) The Superintendent or the Assistant Superintendent shall prepare the proceedings of the monthly conferences and send a copy of the proceedings to the Chief Inspector without delay.
43. Delegation of powers. - The Committee shall be competent to delegate to the Chairman such of the powers vested on them as they deem fit and to the extent they consider necessary. 44. Functions of the committee. - (1) The Committee shall generally look after the affairs of the Shelter and for this purpose, it shall be open to [Chairman] to visit the Home or Shelter and interview the inmates at any time with a prior intimation to the Superintendent of the institution concerned. The Chairman shall be competent to visit a Home or Shelter at any time. (2) The Committee of the Home or Shelter should be consulted in respect of all important administrative matters except those connected with the appointments of staff and disciplinary control over it. Barring the actual operation of Government funds and the maintenance of accounts, the Committee should be intimately associated with the management of Home or Shelter and any advice tendered by them should ordinarily be accepted and acted upon except when it is inconsistent with the Rules or financial procedure or any order issued by the Government or the Director. The Committee will thus be fully in picture as regards functioning of the Homes and Shelters even though the budget may be formally operated upon by Government officers. 45. Implementation of Resolutions. - (1) The Superintendent or the Assistant Superintendent shall give effect to the resolutions of the Committee or the Sub - Committee. If, in the opinion of the Superintendent or the Assistant Superintendent any resolution of the Committee or Sub - Committee is inconsistent with the rules or instructions in force or inexpedient or involves extra expenditure to Government, he/she shall, before giving effect to it submit such resolutions for orders of the Chief Inspector, and shall intimate to the Chairman the fact of having done so. (2) No member shall issue any order to any subordinate officer of the Home or Shelter. They are competent to record their comments in the Visitor's Book for departmental action. 46. Budget Estimates. - (a) The Revised Budget Estimates for each financial year and budget estimates for the next financial year shall be prepared by the Secretary and submitted to the Committee for consideration and recommendation to the Director through the Chief Inspector.(b) The Secretary shall place before the Committee in its ordinary meeting a comprehensive progress report of the institution bringing out the following matters:-
(i) Figures of the numbers of inmates in the institution on the date of the last meeting, the number of fresh admissions, the number of absconders and discharges and the present strength.
(ii) The number of inmates rehabilitated by securing gainful employment, restoration to normal home life through marriage or otherwise.
(iii) Cases for rehabilitation under correspondence with employing agencies.
(iv) The number of inmates selected for training in the training and production unit on the date of the last meeting and the number freshly admitted.
(v) Progress of the training and production unit with particular regard to the degree of skill and efficiency achieved by the trainees.
(vi) Arrangements for training made for inmates found unsuitable for admission to the training and production unit.
(vii) Arrangements for training outside the institution in professions and trades.
(viii) Arrangements for imparting education to inmates.
(ix) Health report of inmates.
(x) Case conference held and recommendations made thereat.
(xi) Non-recurring equipments, if any, purchased for the institution since the last meeting and further action, if any, proposed to be taken.
(xii) Any other administrative matters that may be recommended to be brought before the Committee for decision by any Sub-Committee.
(xiii) Copy of the Inspection Notes of the Chief Inspector, and Director will be placed before the Committee in the meeting.
(xiv) The State of the accounts of each inmate of the Home/Shelter having an account.
Chapter - V
Institutional Personnel & Organisation
47. Personnel Organisation. - (1) Each Home will have a Superintendent a Case Worker or Investigator, a Nurse and such other staff as may be decided by the State Government from time to time.(2) Each Shelter will have an Assistant Superintendent and a Case Worker or Investigator besides such other staff as may be decided by the Government from time to time. (3) Services of a Medical officer shall be made available to each Home and Shelter. 48. Qualifications. - (1) The Superintendent, Assistant Superintendent of Homes and Shelters shall be :-(a) A post - graduate in Social Work with Psychology as one of the subjects in Degree Course.
Or
A post-graduate in Psychology with Sociology or Social Work as one of the subjects in Degree Course.
(b) Fulfill over conditions prescribed by the State Government for similar status and responsibility.
(2) A Case Worker/Investigator shall be a graduate in Arts having Psychology and Sociology or Social Work subjects in Degree Examination. 49. Service conditions. - The procedure relating to the appointment of the personnel, their salaries, allowances and other conditions of service shall be the same as are applicable to Government servants of the State of a similar status and regulated by general rules on the subject in the Social Welfare Department. 50. Leave. - (1) Casual leave may be granted -(a) to Superintendent of Homes by the Chief Inspector.
(b) to Assistant Superintendent Shelters by the District Probation officer but the Chief Inspector will be informed before the leave is availed.
(2) All other leave shall be granted to the Superintendent or Assistant Superintendents by the Director. 51. Duties and responsibilities. - (1) The Superintendent of the Home shall hold a Gazetted status and shall function as the Head of office as the Drawing and Disbursing officer of the Home and will be governed by the general rules regarding powers and responsibilities of such Government officers and will be fully responsible to the Chief Inspector and the Director in financial and administrative matters. In addition to other duties assigned by the Government from time to time, following duties and responsibilities appertaining to the Superintendent :-(a) The Superintendent shall be responsible for the admission, care, custody, protection, treatment, training and general welfare of the inmates of the institution. He/she shall reside on the premises of the institution in the quarter provided by the Government free of rent.
(b) The Superintendent shall be responsible for management and general supervision of all work of the Home including the supervision of the work of the staff, maintenance of accounts and financial transactions, accounts of clothing, food stock, stores, private property of inmates, if any, etc.
(c) The Superintendent shall be responsible for good discipline of the institution and for efficient working of the training and production units. He/she may issue administrative orders to meet emergency reporting the circumstances of the case of the Chief Inspector and to the Committee of the institution as soon as possible.
(d) The Superintendent shall take all necessary measures for maintaining the good health of the inmates and maintain the institution in well sanitated condition.
(e) The Superintendent shall be responsible for maintaining the accounts, custody of jewellery, cash and other belongings of the inmates and submission of financial returns prescribed under the existing rules.
(f) The Superintendent shall be incharge of office correspondence, interviews with visitors and showing them round the Home.
(g) The Superintendent shall prepare case history, diagnosis and the treatment plan for inmates. He/she shall arrange for social and vocational rehabilitation of inmates, job - placement and follow-up work relating to persons discharged from the home.
(h) The Superintendent shall function as the ex-officio Secretary of the Committee.
(i) The Superintendent shall make surprise inspection of provision stores at least once a month, shall visit the institution at uncertain hours and check that every thing is in order.
(j) The Superintendent shall be responsible for submitting statements and returns under the rules in addition to such statements and returns as may be prescribed by the Government, the Director of the Chief Inspector from time to time.
(k) The Superintendent shall be responsible for proper dieting and clothing of inmates in accordance with the prescribed scale and consistence with the sanctioned grant.
(l) The Superintendent shall be generally responsible to the Committee for the proper administration of the Home.
(m) The Superintendent shall perform such other duties as may be assigned from time to time by the Director for the purpose of efficient working of the Home. He/she shall carry out executive instructions issued from time to time by the Chief Inspector for the proper management of the Home.
(n) The Superintendent shall maintain the following registers, records and documents :-
(i) Attendance Register of staff.
(ii) Movement Register of the staff.
(iii) General Admission and Discharge Register of inmates.
(iv) Attendance Register of inmates.
(v) Property Register of inmates.
(vi) General Order Book.
(vii) Punishment Book.
(viii) Visitors Book.
(ix) Minutes Book for the meeting of the Committee.
(x) Registers and records relating to the correspondence with Shelters and different organisations for the purposes of social and vocational rehabilitation of inmates.
(xi) Records of pre-release contact in respect of those released from correctional institutions.
(xii) Follow-up Register.
(xiii) Records of individual inmates. - Individuals Case Records containing :-
(1) History Sheets of inmates;
(2) Health records;
(3) Educational and Vocational Performance Record;
(4) Records relating to the preparation of rehabilitation plan and steps taken in its implementation;
(5) Records of general performance in Home including interview notes;
(6) Records of follow-up and family contracts.
(xiv) Accounts and Service Registers. - All records prescribed under Finance Accounts and Service Rules and including:-
(1) Cash Book.
(2) Stock Ledger.
(3) Purchase Register.
(4) Receipts and Issue Register of Stock and Store.
(5) Acquittance Roll.
(6) Register of Dead Stock.
(7) Service Book, Character Rolls and Service Records.
(8) Records relating to the earnings of the inmates.
(9) Receipts and accounts for issue of post - card to inmates.
(xv) office Journal. - The Superintendent shall in his/her own hand - writing, maintain an office Journal in which shall be recorded daily, every occurrence of importance connected with the management of the Home, which is not otherwise disposed of in the registers of correspondence and which it is desirable to note for future guidance.
(o) Visitor's Book. - There shall be a Visitor's Book kept in the office of the Home or Shelter. Immediately on completion of the visit the visitor or the member of the Committee shall record his/her findings, remarks and suggestion in the Visitor's Book in his/her own handwriting. Such records shall be limited to a statement of facts found during the visit. The remarks and suggestion shall be based on the facts observed.
(2) Assistant Superintendent. - [(a) The Assistant Superintendent of a Home shall discharge all the functions of a Superintendent in his/her absence on other occasions he/she shall assist the Superintendent in all items of work assigned to him under the rules or under the instructions of the Director or the Chief Inspector. The Assistant Superintendent shall particularly be responsible for the care of inmates and accounts of clothing food stock stores and sanitation of the institution. He/she shall reside on the premises of the institution in the quarter provided by the Government free of rent].(b) The Assistant Superintendent of Shelter shall function as the Superintendent of the Shelter and shall function in the same way as the Superintendent of the Home in so far as the Shelter is concerned, with similar duties and responsibilities excepting those relating to the Head of office and Drawing and Disbursing officer. He/she shall reside on the premises of the institution in the quarter provided by the Government free of rent. He/she shall maintain the same registers and records and submit such returns and reports as prescribed and relevant for the Shelter. He/she shall be generally responsible to the Committee. He/she shall perform such other duties as may be assigned to him/her from time to time by District Probation officer, the Chief Inspector and the Director for the purposes of efficient working of the Shelter.
(3) Case Worker/Investigator. - (a) He/she shall maintain case files of the inmates guidance of the Superintendent/Asstt. Superintendent.(b) He/she shall investigate into the case history of the inmates from time to time and report the same to the Superintendent or the Assistant Superintendent under his/her guidance.
(c) He/she shall assist the Superintendent and the Assistant Superintendent in contacting agencies and courts etc. in connection with legal matters and rehabilitation of inmates.
(d) He/she shall perform such other duties as may be specified by the Chief Inspector from time to time.
Chapter - VI
General Supervision
52. Director. - The Director, Social Welfare shall exercise the powers of the Head of the Department over all the Homes and Shelters in the State. The Director shall inspect the Homes and Shelters at least once a year. 53. Chief Inspector. - The Government shall appoint a Chief Inspector for all the Homes and Shelters in the State. Among other duties assigned to him by the Government from time to time, the following duties shall appertain to the Chief Inspector:-(i) He shall superintend and control the working of these rules:
(ii) He shall have general control over the staff in all the Homes and Shelters;
(iii) He shall inspect all the Homes and Shelters whether established or recognised by the State Government at least twice in year and submit his inspection reports to the Director and the State Government;
(iv) He shall submit to the Director consolidated monthly, quarterly and annual reports and returns, expenditure statements and such other returns as may be prescribed by the Government from time to time.
54. Administration Report. - The Superintendent and the Assistant Superintendent incharge of every Home or Shelter shall submit to the Chief Inspector, a report on the administration of the institution for the previous year, not later than the 15th February of each year. The Chief Inspector shall send annually to the Government through the Director, a report on the working of these rules together with his remarks, if any, in the first week of April each year. 55. Prescribing additional forms. - Besides Forms I to VIII prescribed under these rules, the State Government, the Director, Social Welfare and the Chief Inspector may prescribe forms to be used in the implementation of these rules from time to time. 56. Repeal and supersession. - These rules will supersede the Rules for Admission and Rehabilitation of Persons into Homes and Shelters, 1964, notified by the Social Welfare Department vide No. F. 13(3) S.W./61, dated 28-3-1964.Form I
[Rule 12 (a)]
Application for admission in Homes/Shelters
To,The Superintendent/Assistant Superintendent,
...... Home/District Shelter........
Sir/Madam, I hereby apply for admission in the Home/District Shelter .......... through (if applied through some body) and request that same may kindly be granted. I further submit following information about me which I declare to be true to the best of my knowledge :-1. Full name (in capital letters)
2. Name and address of father/husband/guardian.
3. Full address of the applicant -
(a) Local
(b) Permanent
4. Caste Sub-caste Age...................... Sex Religion..............
5. Details of offence, if convicted.
6. Source of admission -
(a) Name of the Court and its order and date.
(b) Police Station and its letter No. and date.
(c) Voluntary.
(d) Name and address of Social Worker/representative of the voluntary agency.
(e) Name and address of the relative who sponsored the admission.
Any other information.Signature of Applicant.
Signature of Social Worker/representative
of the voluntary agency/relative or
member of the Committee.
Orders of the Superintendent/Assistant Superintendent.
No.Dated
Shri/Shrimati/Kumari..............
may be temporarily admitted /may be refused admission*
Signature and seal.
* Reasons of refusal may be recorded.
The Chairman of the Committee.
The above applicant was admitted temporarily on .............. The investigation report has been obtained which is enclosed herewith. The admission of the applicant may kindly be confirmed.Superintendent/Assistant Superintendent
Order of the Chairman of the Committee.
The admission of the applicant to the Home/Shelter is confirmed/not confirmed.Chairman.
Form II
[Rule 12 (a)]
Register of Admission and Release of inmates
S. No. |
Name and address of the in mate together with name of father/ husband etc. |
Date of application |
Date of Sanction |
|
Date of temporary admission & time |
Date of permanent admission & date |
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1 |
2 |
3 |
4 |
5 |
|
|
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|
|
Caste, religion and sex |
Age (Proof) |
Source of admission |
Cause for admission |
Details of previous occupations |
6 |
7 |
8 |
9 |
10 |
|
|
|
|
|
Details of physical fitness |
Trained or skilled |
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Height |
Weight |
Marks of identifications & descriptions |
Health (Certificate) Date and designation of the M/C |
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11 |
12 |
13 |
14 |
15 |
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|
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Job assigned |
Particulars and Value of property of inmates received |
||
items with details |
Signature or thumb impression of inmate |
Attesting signature of Supdt./Asstt. Supdt. |
|
16 |
17 |
18 |
19 |
|
|
|
|
Details of release of inmates |
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Particulars of order & date, if any |
Date of release |
Age at the time of release |
Reasons for release |
Details of Rehabilitation done so far (details of character and attainments be given) |
20 |
21 |
22 |
23 |
24 |
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|
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|
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Details of release of inmates |
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Health at the time release (Medical Certificate) particulars, if any |
Weight at the time of release |
If transferred to other home or shelter, name of the institution |
Signature of attesting Supdt./As stt. Supdt. |
Remarks |
25 |
26 |
27 |
28 |
29 |
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Form III
[Rule 12 (e)]
Register of movable and immovable property of inmate
S. No. |
S. No. of Admission Register |
Date of receipt of Reg. |
Name and full address of inmate |
|
|
|
|
*Details of movable and immovable property |
If cash, the amount in figures/words |
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Kind of property (clothes, ornaments or other valuables) |
Name of articles |
Made of |
Measurement/weight & No. |
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5 |
6 |
7 |
8 |
9 |
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|
|
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Signature or thumb impression of inmate |
Signature of Supdt. or Asstt. Supdt. in
attestation |
From where received |
Any other details |
Date of release |
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|
|
|
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Details of movable and immovable property returned after release |
|||||
Kind of property (clothes, ornaments or other valuables) |
Name of articles |
Made of |
Measurement/weight and No. |
If cash, the amount in figures & words |
Other details |
15 |
16 |
17 |
18 |
19 |
20 |
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|
|
|
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Signature of the inmate in token of received with
date |
Signature of father/husband/guardian/other
relative etc. |
Details of property withheld together with its
reasons and Order No. and date |
Attestations by Supdt./ Asstt. Supdt. |
Remarks |
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Form IV
[Rule 22 (2)]
Register of follow - up of inmates
No. |
Date of release |
Name of inmate with father's/guardian's name & full address |
No. and date of admission register |
Full address of residence after release of the inmate |
1 |
2 |
3 |
4 |
5 |
|
|
|
|
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Age of inmate |
Qualifications of the inmate |
Problems of inmate from which she was suffering |
Details of the treatment programme given in the institution |
6 |
7 |
8 |
9 |
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|
|
|
Details of place rehabilitation |
Particulars of No. & date of despatch of letter to D.P.S.W.C. follow-up |
Details of information received from D.P.S.W.P. or otherwise |
Assessment of progress made |
10 |
11 |
12 |
13 |
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Form V
[Rule 21 (1)]
Proposal of marriage
To
The Superintendent, |
|
|
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(a) If Widower:-
1. Date of death of previous wife.
2. Cause of death.
3. Number and details with age of children, if alive.
(b) If married, whether legal divorce obtained (enclose certificate).
4. Name and full address of father. 5. Name and address of brothers, sisters and other near relatives. 6. Caste or religion. 7. Academic qualifications (with certificate). 8. Occupation. 9. Monthly/Yearly income. 10. Details of movable and immovable property, if any. 11. Details of insurance, if insured. 12. Details of dependents of the applicant. 13. Name and address of two responsible persons who know the applicant and whose certificates are attached. 14. Mention the requirements, if any, to be kept in view while making selection of the girl. 15. Medical certificate of health showing age and fitness for marriage. 16. List of enclosures of certificates:-1.
2.
3.
4.
5.
6.
7.
8.
I certify that the above statement recorded by me is true to the best of my knowledge. I request that application for marriage with a suitable inmate may please be sanctioned very early. I promise that as soon as may proposal for marriage is sanctioned, I will deposit Rs. 200/ - (Rupees two hundred only) with the Superintendent of Home as and when ordered, as security which will be the property of my wife after marriage and she alone will be the rightful claimant of that amount. Date :Signature of Applicant
with full address.
Form VI
[Rule 24 (2)]
Register of punishment to inmates
No.
|
Date of award of punishment
|
Name of inmate with father/husband's name
|
No. and Date of Admission Register
|
|
|
|
|
Details of in disciplined action of the inmate according to rule 23
|
Details of punishment given under rule 24(1)
|
Reference of punishment given in the past as
recorded in column 9 of this register |
Signature of Supdt./Asstt. supdt.
|
|
|
|
|
Statement of information sent to the Chief Inspector regarding punishment to inmate |
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No. & Date of despatch of letter |
Details of orders of the Chief Inspector |
Action taken in complicence of the order |
signature of the Supdt./Asstt. Supdt. |
9 |
10 |
11 |
12 |
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Form VII
[Rule 29 (3)]
Received of material for letters issued to inmates
S. No. |
Name of the in mate |
Postal stationery issued to inmate |
Name and address to whom letter is sent |
Book for writing material for letters |
|
Relationship with the addressee |
Date of despatch of letter |
||||
1 |
2 |
3 |
4 |
5 |
6 |
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|
If despatch, refused, details of contents considered undesirable or reasons for refusal may be recorded |
Date of the reply received by the inmate and if delivery refused reasons may be recorded |
Signature of the Supdt, Asstt. Supdt. of Home/Shelter |
Remarks |
7 |
8 |
9 |
10 |
|
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Form VIII
[Rule 31 (2)]
Health Register of inmates
Month & Date |
Name of inmate |
Result of medical examination by Doctor |
Weight of inmate |
Remarks of Supdt. Asstt. supdt. |
1 |
2 |
3 |
4 |
5 |
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