Bare Acts Live

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

Chapter - I

(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.

(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

(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.

(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.

(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.

(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.

(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.

(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..

(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.

(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.

(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.

(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.

(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.

(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.

(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.

Chapter - III

Equipment, Diet and other Miscellaneous facilities

(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.

Chapter IV

Committee

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. XXX]

[6. XXX]

[5]. Educationist.

[6]. Social Worker.

(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.

(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

(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.

(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.

(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.

(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.

(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

(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.

Form I

[Rule 12 (a)]

Application for admission in Homes/Shelters

The Superintendent/Assistant Superintendent,

...... Home/District Shelter........

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.

Signature of Applicant.

Signature of Social Worker/representative
of the voluntary agency/relative or
member of the Committee.

Orders of the Superintendent/Assistant Superintendent.

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.

Superintendent/Assistant Superintendent

Order of the Chairman of the Committee.

Chairman.

Form II

[Rule 12 (a)]

Register of Admission and Release of inmates

Form III

[Rule 12 (e)]

Register of movable and immovable property of inmate

Form IV

[Rule 22 (2)]

Register of follow - up of inmates

Form V

[Rule 21 (1)]

Proposal of marriage

(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).

1.

2.

3.

4.

5.

6.

7.

8.

Signature of Applicant
with full address.

Form VI

[Rule 24 (2)]

Register of punishment to inmates

Form VII

[Rule 29 (3)]

Received of material for letters issued to inmates

Form VIII

[Rule 31 (2)]

Health Register of inmates