LexThe ASSAM BORSTAL INSTITUTION ACT, 1968
Assam · state statute
Open in Lexace · Ask the AI about this actRegistered No.A.12
The Assan1 Gazette
EXTRAORD INARY
PUBLISHED BY AUTHORITY
No.10 Shillong , M onday, February 10, 1969, 21st Magha, 1890
(S. E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LAW DEPARTME ~T
N OTIFI CATION
T he 8th February 1969
No.LJL .19/67/8.-The following Act of the A~ s a m Le[tislative Assembly
which re ceived the assent of the President is her eby p u b li ~ hed for general
informat ion.
ASSAM ACT I O F 1969
(Rece ived the a s s ent of the Presi d ent on th e 24th January , 1969)
THE ASSAM BORSTAL I NST ITUTION ACT, 1968
(Published in the Assam Gazette Extraor dinary, dated 10th February 1969]
An
Act
to provide for the establishm ent and regufation of Bor•ta)
Institutions in the State of Ass am and for the detentiou
and tra inin g of a dolescen t offenders therein and
matters conn ected therewith
Preamble Whereas it is expedi ent to provide for the establish-
ment and regulation of Borstal I nstitutions in the State
of A~sam and for the detention and training of
adol escent offenders ther ein and matters connected
;£.her ewith.
\
I
' , \
132 THE ASSAM GAZETTE, EXTRt{(}ROINAR. • F,JBt,IO, 1969 ~
Short title;
extent and
commen ce
ment.
I t is hereby enacted in the Nineteenth Year of ihe
Republic of India as follows:-
l. (1) This Act may be called the Assam Borstal
Ins titution Act, 1968.
(2) It extends to the whok of the Sta te of
Assam.
(3) It shall come into force on such date as the
State Government may, by notificatio n in
the official Gazette, appoint in this behalf.
Definitioas 2. In this Act, unless there is anything repugnan t in
r,·
I ...
the subject or context,-
(a) " adolescent offender" means any person not
less than fourteen and not more than
twenty- one years of age who has been
convicted of any offence punishable with
imprisonment but not punish able with
death or who having been ordered to give
security under section !06 or section 112
of the Code of Criminal Procedure, 1898,
has failed to do so or who, when the bond
has been can celled under section 126A of
that Code, has failed to give fresh securit y ;
(b) "Borstal Institution" means a plac e in
which adolesc ent offenders may be deta ined
under this Act and given such industrial ,
vocational, g<""neral educatio nal and cultural
training and other inst ructions and sub jected
to such disciplinary and moral influen ces
as will be conducive to their reforma tion ;
(c) ''detained" with its grammatica l variat ions
and cognate expressions means detained in
a Borstal Institution ;
(d) ' 'Director" means a Director of Borstal
Institution s appoint«d under sub-secti on (1)
of section 4 ;
(c) " inmate" means any person order ed to be
detained under this Act ;
(f ) "officer" mea ns an officer of a Borstal
Ins titution appoi nted in su::h mann er as
may be prescribed and incl udes
the Director and the Superint endent
of Borstal Instit tions appointed under
sectio n 4 ;
(g) "prescribed" means prescribed by rule
made under this Act ;
V of l 8 9fi~
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: '.f!iEfA~SAM'GAZETTE, ,F,XTRAORDINA RY, FEB. 10, 1969 133
-- ? --.... --rr-- -
Establish.
ment ot
Borstal
· I nstitutioru.
(h) ''Superintendent" means a Superinten dent
of a Borstal Institution appointed under
sub-section (2) of section 4 ;
·(i) "visiting committee" means a visiting com·
mittee -appointed under s.ub-sectio n (3) of
section 4,
3. For the purposes of this Act, i:he State Govern
ment may establish one or more Borstal Institutions .
Ap Point· 4. (l) The State Govermx.ent shall appoint a Direc
ment of tor of Borstal Institutions who shall exercise, subjec t to
Direct or of the direc tions issued by the State Governmt! nt, general
Bo~sta~ Ins- control and superintendence over all Borsta l Institu.., titut1ons, . ,
Officers and tIOns.
visiting
conunittee.
(2) For ·every Borstal Institution the State Govern
ment ~hall appoint a Superintendent, and such other
officers as it. may consider necessary in such manner as
may be prescribed.
(3) For every Borstal Institution a VlSltlng commi t
tee shall be appointed in such manner as may be
prescribed.
Power of 5. (l) When an adoI.escent offender is convi cted
court to for failing to obey an order made by the High Court,
make ord~r a court of Session or a court of Magistrate of the first
for detent1onclass to give security under section 106 or section 118 or
section 126A of the Code of Criminal Procedure , 1898, Act V of
or when such offender is convicted by such court 1898.
for any offence not punishable with death or imprison-
m ent for life and when the court convicting such
offender has not passed any order under any of the .
provisions of the Probation of Offenders Act, 1958, may Act xx of
in lieu of passing a sentence of imprisonment make an 1958."
order for the detention of the adolescent offender' in
Borst al Institution for a term which shall not be less
than two years aIJ.d. more than five years, when the
orde r is made by such Court other than a Magistrate,
and shall not be less than two years and more than
three years when the order is made by such Mag istrate.
(2) When any Magistrate not empowered . to make
an order under sub-sect ion (l) is'of opinion that in
respect of any adolescent offender convicted by hi m
an order should be made under the said sub-section
he shall, without passing any senten ce, record such
opini on and submit thl" records of the case and for·
ward the adolescent offender to the Sessions Judg e and
ther eupo n the Sessions Judge may either pass an order
und er sub-section ( 1) or pass such other order or sen·
~ence as the Magistrate might himself have passed, ;
t
134. 1'.H.E ASSAM GAZETfE, E XTRAOR DINARY~ FEB. 19; 1969
Power of
Superin·
tendcnt of
Prison to
Present
adolescent
offender
before
:Sessions
Judge for
detention.
When ac•
tfon m•Y
not be takeu
uoder sc:r
tionii
(3) Before making an orde r of deten tion under sub
section (1) or sub-section (2), the High Court, the
Sessions Judge or the Magistrate, as the case may be,
shall, after considerin g any report submitted by the
Probation Officer und er the Probation of Offenders'
Act, 1958 and any othe r report or repre sentation which
may be made to it or him as to the desirability of the
detention, satisfy itself or himself that the character,
state of health and mental condition of the person
convicted and the other circumstances of the case are
such that the person conv icted is likely to p rofit by
such detention.
(4) When an ord er for detenti on is made under this
Act, the ground for such d etentions shall be record ed
and a copy thereof shall be furnished to the person
ordered to be detained, free of cost.
6. Whenever it appears or is represe nted to the Supe
rintendent of a priso n that any adolescent offender
confined in th e prison sho uld, for the reasons me ntioned
in sub-section (3) of section 5, be detained , he 5hall
send a report to ' his effect to, and c:ause the adolescent
offender to be pro duced before the Sessions Judge of
the sessions division .in which the prison is situated and
if the Sessions Judge after making~such inquiry as may
bf" prescrib ed and such further inquir y as he may con
sider necessary, is satisfied that the adoles cent offender
should, for the reason s mentioned in the said sub-sec
tion be detained , he may order the adolescent offender
to be removed ·fro m the prison and detained ior a
period equal to the unexpi red term of the impr ison.
ment to which he was sentence d o r equa l to the un
expired portion of th e period for which he was re
quired to give security, as the case may be:
Provided that in no case shall he be deta ined for
more than five year s.
7. No order shall be ma.de u nder the pro vision of
section 6-
{i) unt il the~time allowed by law for appeal
again st the sente nce o r order under
whic h the prisoner is commi tted to or
confined in prison, has expired or , if an
appea l has been preferred or a revision is
pending until such appeal or rev ision has
be en disped of; 011
\ii) if an application made on appeal or other
wise to have the sentence altered into an
order of detention, has been rejected by
f'D Appellate Court or the High Court; or
4
-.
' t
-,
~
of f tBk ~SSAM GA!iirt~, txtRA6R.biNARY, FEB. i6, 1969
(iii) in the case of any person who has been
sent to a Reformatory School in accor
dance with the provisions ol the Refor-
135
matory Schools Act, 1897 ; or VII oi 189/.
(iv) if the unexpired term of the imprisonment
to which the prisoner was sentencec!, or
if the period for which security was re
q.uired from him is less than two
years; or
(v) unless the provisions of sub-section (3) of
section 5 have been complied with.
A Ii . 8.(1) Subject to the provisions of sub-section (2), the
oFt1ec~~od~ provisions of the Code of Criminal Procedure, 1898 v of 1898
of Criminal relating to appeal, reference and revision and
Procedure, Article 115 of the Indian Limitation A<:t, 1963, Act 36 of
1~98i dnd shall apply in the case of an order of detention as HJ63.
~-~rd:/~: if the order had been a sentence of imprisonment for
A~t,
1
1~63 the same period as the period for which detention
and was ordered.
prov isions
©f appeal
ancl revi
sion.
l2JJ&Notwithst?.nding] :::.nything contained in sec-
tion 423 of the Code of Criminai Procedure, 1898, v of 1893•
jri case of an adolescent offender, an Appellate
Court or the High Court in exercise of its powers of
revision, may, in pursuance ol sub -section ( J) anu the
provisions ot that Code, and after making such inquiry
as it may deem fit, alter sentence of imprisonment or
an. order of commitment to prison under section 123 of
that Code to an order of detention if, for reasons
:mentioned in sub-section (3) of section 5, it considers
such alteration expedient and may after an order of
detention to a sentence of imprisonment or commit.
ment to prison 1Jnder the said section 123, as the case
may be:
~~
Provided that :-
(i) the sentence of imprisonment, order of corn~
mitment or detention shall not be in excess of
the powers of the Trial Court or Magistrate;
and
{ii) bef'ore making such order the Court shall
give the said person or his parent or guardian
a reasonable opportunity of being heard .
(3) Any person who has been ordered to be
detained in a Borstal Institution for a period to expire
after the term of the imprisonment to which he was
•
• -
13 6 fHE ASSA.\1 GAZETTE, EXfRAORDL ARY , FE B.' 10, 190°1)
sen tenceci would expire had the order not been passed,
may appeal to the CQurt of Session, and such Court
may either confirm the order or set it aside and restore
the sen tence of impris onment or if the order is for more
than ,wo years, reduce it t,, a term not shorter than
two year & nor shorter than the residue of imprison ment
to which he was sentenced .
( 4) Any person ordered by a Court of Session
under the provision of sub-section ( 3) to be detai ned
for a p eriod to expire aft r the term of imprison
m ent to which he was sentenced would expire had
such order not been p.i.sse<l. may appeal within
sixty days of the order to the High Court and the
H i!!h Cour t may pass any such order as the Cour t of
Sessions might have passed.
Rel~as_e on 9. Any person detained for failure to furnish
:~~~~~~~g security shall be released on furnishing the security.
Inquiry to 10. (1) Before passing an order of detent ion
be made under tois Act the High Court, Sessions Judge or
regarding Magistrate , as the case may be, shall inqu ire, or
age bef?re cause an inquirv to be m,1de into the que stion
thfe passdmg of the age of the person convicted or failin !!
o an or er b d · · d ~ of detention.to 0 ey an or er to give security un er
section l 06 or under section 118 or sectio n l 26A
of the Code of Criminal Proced•1re, 1898, and after
taking such eviden ce, ii' any , i n regard thereto
as may be deeme d necessary or proper, shall record
a findin g thereon.
(2) A similar inquiry shall be made and
findin g recorded by every M agistra te not empo were d
to pass an order of detention und er this Act before
submitt ing the record and forwarding the accused
to the Scssfons Judge as requ ire d by sub-section (2)
of section 5.
Additional 11 . The Sessions Judge may transfer any matte r or
Sess ion s proceeding pendi ng before him under this Act to an
-/iudge P to A ddit ional Sessions Judge for disposal an d o n such
ofves~~~~ transfer being made the <\dditional Sessions Judg e shall
Judge. exercise in regard thereto the same pow ers as are
vested in the Court of Sessions or the Sessions J udg e
by or under this Act.
Deten tio~ 12. "The detention of a person for the first ti me und er
ft~r the ttirsc the provisions of this Act shall not be regarde d as a ime no to . . r h f a· 'fi . be regarded co nv1c~1on 1or t ~ I?urpose o any ISqua h 1Cat1on
as disquaJifi. att aching to a conviction for any offence.
cation.
V of 1898.
..
_,
...
; f
~~SSAM GA~ETTE, EXTRAORDINA RY FEB. 10, 1969
Power to re
lease on
licence.
13. (1) Subject to any general or specific direct ion
of the Stat e Government, the Director of Borstal
Institutions may, on the recommendation of the
visit ing committee, at any time after the expiration of
·six months, or in the case of women, three months
from the commencement of the term of detention, if
he is satisSed that the inmate is likely to abstain from
crime and to lead a useful and industrious life, by
licence permit him to be discharged from the Borstal
Institution on condition that he be placed under the
supervision or aulhority of such Government Officer,
such secular ins tit ution or such person or religious
society belonging to the same religion as that of the
inmate named in the licence who may be willing to
take charge or him.
(2) T he Director of Borstal Institutions may,
subject to such conditions as the State Governm ent
may prescribe, discharge any inmate who had been
p reviously granted a licence but whose licence was
subsequently revoked under section 16 and grant him
a fresh written licence and in such case foe provisions
of this Act shall apply as if such fresh licence had been
granted under sub-section ( i ).
(3) A licence under this section shall be in force
unt il the expiry of the t~rm for which the offender was
ordered to be detained in a Borstal Institution, unless
sooner revoked.
( 4) The period during which an offender is
abs en t from a Borstal Institution during the con
tinu ance of a licence gran ted to him under this section
shall, for the purposes of computing h is term of
rletention in such Insti&ution, be deemed to be part
of that detention .
Absence un· 14. The time during which an inmate is absent
der licence from a Borstal Institution in accordance with licence
tod be cound t· granted under section 13 shall be reckoned as part of
e towar s h . d f d . J?Criod of t e per10 o etent10n.
detention .
Form o f 15. Every licence granted under the prov!Slons of
licence. section 13 shall be in such Form and shall contain
such conditions as the State Government may, by
general or special 01der, direct.
Suspension 16 . (1) Subject to any general or special directions
and revo- ofthe State Government, a licence granted unde r
c:;ation of section 13 may be suspended for a period not exceed
hcence. ing three months by the Superi ntenden t or the
Director or be revoked by the Director in consul ta•
tion with the visiting committee. For the purposes
137
138 THE ASSAM GAZETTE, EXTRA'.OR.DINARY, FEB. JO, 1Si~9,;-
--~~~~~~~~~~~....L~~~...-.............. ...-~ 1
Penalty for
escape.
of such revocation, the Director or the visiting com
mittee 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 super
vision 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 Institution, and, if he fails to do
so, he may be arrested without warrant by any Police
Officer not below the rank of a Sub-Inspector and
committed to the Institution.
(4) On the suspension or revocation of a licence,
the periorJ 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 Institution ~r is arrested, whichever is earlier, shall
be excluded in computing the period for which he hal
been ordered to be detained in a Borstal Institution.
17. If any inmate escapes from a Borstal Institu
tion before the exph·y of the period for which he was
ordered to be detained or if any inmate absense on
licence from a Borstal Institution escapes from the
supervision or authority of any Government Officer
or secular institution or person or religious society in
whose charge he was placed, or fails on the suspension
or revocation of his licence to return to the Borstal
Institution he may, on convicJion by a Magistrate,
be punished with imprisonment of either description
for a term which may extend l:o two years or with
fine or with both, and his licence, if any, shall
be forfeited with effect from the date of his escape
or failure to return, as the case may be. An offence
under this section shall be deemed to be a cognizable
offence within the meaning of sections 4 (i) (f) of the
Code of Criminal Procedure, l 89B.
Incorrigi- 18. Where an inmate is reported to the State
bles. Government by visiting committee to be incorrigible
or to be exercising any unwholesome influence on the
other inmates of the institution or is convicted
under section 17 or is reported by the Superinten
dent to have committed an offence which
has been pre~cribed to be a major Borstal
Imtitution offence by rules in · pursuance
of the provisions of clause (xv) of section
31 of this Act, the State Government may
..
V ofl898.
·'t'H.£ ASSAM GAZETTE. EXTRAORDl NARY ! ~FEB· 10, 1969 131
- - -~- ~-- --------
commute the residue of the term of detention to
such term of imprisonment of either description not
exceeding such residue as the State Government may
direct and may order the transfer of th.e inmate to
any jail in Assam in order to complete the said
term · of imprisonment . .
Perwns ap· 19. Persons appointed to be officers under this Act XLV cf
P 0 int e d shall be deeme-<l to be public servants within the 1860.
~~cer;ubl~~ meaning of section 21 of the Indian Penal Code,
servants. 1860.
· Spec i a I 20. If accommodation in a Borstal Institution is
a_ccornmoda· not immediately available for a person ordered to be
t10n. detained, he may be detained in such special ward
or other suitable part of a prison as the State
Government may by special order direct
until he can be sent to a Borstal Institution and the
period of detention so undergone shall be treated as
detention in a Borstal Institution.
Extramura! 21. An inmate when being taken t-o . or from any
cu st o d Y~ Borstal Institution in which he may be lawfully
contf 01 and detained or when working outside or being other~
~}11k~a~:~t wise beyond the limits thereof in or under the lawft:I
custody or control of an officer of such Borstal Instr·
tution shall be deemed to be under detention and
shall be subject to same incidents as if he were
actually in. a Borstal Institution.
Penalty for 22. Whoever, contl'ary to any rule made under
introduction section 31, introduces or removes, or attempts by
ofr rehrr;bo_vadl any means whatever to introduce or remove, into
Q pro l ltC f B 1 I . . 1 . . articles. or ram any orsta nstitution or supp 1es or attempts
to supply to any inmate outside the limits of such
Institution any prohibited articles, and every Officer
of a Borstal Institution who, contrary to such rule,
knowingly permits any such articles to be introduced
into or removed from any Borstal Institution to be
possessed by any inmate, or to be supplied to any
inmate outside the limits of a Borstal Institution,
and whoever, contrary to any such rule, communi
cates or attempts to communicate with any inmate,
and whoever abets the commission of any of the
aforesaid Act, shall, en conviction before a Magis
trate, be liable to imprisonment for a term not exceed
ing six months or to a fine not exceeding two
hundred rupees or to both.
I4o fHE ASSAM GAZETTE, EXfRA0RDINARY .EB. 10t1969
Power to 23. When any person in the presence of any
~:~~e:
0
~0_o~~er Con'.tmits any offence ~:i;i e cifa<l. in the last pre
der sectioncecimg section and refuses on aemanu of such officer to
22. give his name and addreqs or gives a name or aadress
which such officer knows, or h~s reason to believe, to be
false, such officer may arrest him or cause him to be
arrested, and shali without unnecessary delay make
him over t,o police officer, and 1hereupon such police
officer shali proceed as if the offence had been com
mitted in his presence.
Publication
of penahies.
24. The SuperinLendent shall cau se to be affixed1
in a compicuous place outside the Borstal Institution a
notice set.ting forth the acts prohibited under section
22 and the penalties which may be incurr ed by their
commission. ·
s e "nt n- 25. The Superintendent shall receive and detain
d~n~
1
eto all persons duly committed to his custody under this
detain per- Act according to the directions contained in tl1e order
sons ?uly by which such person has been commiLted until such
t~~~eir
1
~~~ person is dbch::irged or removed in accor dan ce with
tody, law.
f • .,,
!
Explanation. -Fcir the purpos • of this section
and sections 26, 27 and 29 the expression "Superinten
dent" shall include any person who is for the time being
in charge of the Bm;stal Institution.
Superinten- 26. The Superintendent shall forthwith, after the
dent to returnexecution of every such order as aforesaid or after orders, etc., th d' h f h . d h b after execu- e isc arge o t e person comm1tte t ere y.
tion or dis- return such order to the Magistrate or the Sessions
charge. Judge or Court by which the same was issued or
made, together with a certificate endorsed thereon
and signed by him showing how the same has been
executed or why the person committed thereby has
been discharged from detention before the execution
thereof.
Power of 27. The Superintendent shall give effect to any
Supermt~n- order for the detention of any person passed or
&~wg~. . effect to or-lSsued by any Court or Tribunal in any part of
·der of cer· India.
tain Courts.
Warrant of 28. An Order under the official signature of an
officers of officer of such Court or Tribunal as is referred to
certain · n section 27 shall be suffident authority for detain-
<!offiur!s tot being any person, in persuance of the order passed Ju cien •
authority. upon him.
_1'HE _1:8SAM <;TAZETTE, EXTRAORDINARY, ~O, 1969 141
· hProced5 ure 29. (1) Where the Suoerintendent entertain! . anv
w ere up- d bt b h I ' · · erintend e nt ou a ~ut t e egahty of <in order sent). to him
entertains for execution or the competency of the person whose
doubt ab~ut official seal or. signature is affixed thereto to pass
thfe dlegahty the order, he shall refer the matter to the State o or er sent G · to him for . overnment by whose order on the case he and
execution. al! other public officers shall be guided as to the
foture disposal of the inmates.
Lunatic in!'
mate, how
to be dealt
with.
,,
"i
(2) Pending a reference under sub-section (I),
the inmate shall be detained in accordance with
the directions specified in the order of detention.
30. (1) Where it apFears to the State Govern•
ment that an inmate of a Borstal Institution
is of unsound mind, the State Government
may order him to be removed to a mental
hospital or other place of safe custody within
the State, to he kept there and treated during the
remainder of the term for which he has
bten ordered to be detained, and if on the ex
piration of that term it is certified by a medical
officer that it is necessary for the safety: of the
inmate or others that he should be further detained
under medical care or treatment, then he shall be
so detained until he is discharged according to
law.
(2) Where it appears to the St<\te Government
that an inmate so kept and treated has become of
sound mind, the State Government shall, by a
warrant directed to the person having charge of the
inmate, remand him, if still liable to be detained,
to the Borstal Institution from which he was re
moved, or to anoth<::r Borstal Institution within the
State, or order him to be discharged on a certifi
cate or otherwise, or, if he is no longer liable to
be detained order him to be discharged.
(3) The provisions of section 31 of the Indian
Lunacy Act, 1912 shall apply to every person IV tf 1912
confined in a mental hospital under sub-sec-
tion {l) after the expiration of tJie term for which
he was ordered to be detained and the time during
which an inmate is confined in a mental hospital
under that sub-section shall be reckoned as part of
the term of detention which he may have been
ordered to undergo.
( ~ ) fn any case in which the State Govern!!
ment 1s competent under sub-section (I) to . ordet
the removal of an inmate to a mental hosp1tal or
other place of safe custod:y within the State, the
~
142 THE ASSAM GAZETTE, EXTRAORDINARY, f EB~ 10, 1969
-------·-··-
State Government may order his ·removal to any
such hospital or place within any other State by
agreement with the Government of such other State
and the provisions of this section respecting the
.custody, detention, remano and . discharge of an
inmate removelil under sub-section (I) shall, so far
as they can be made ::.pplicable, apply to an inmate
removed under this sub-section •
• Power to 31. (I) The State Government may, after. pre-
•m11e rules , vious publication i11 the official Gazette, make rules
for carrying out the purpo ses of this Act.
(2) In par ticular and without prejudice to the
generality of tbe foregoing powers such rul ~ s may
provide for all or any of the following · matter s,
namely:-
(i) the regulati on, manageme11t and classific;i.tion
of Borstal Institutions establi shed under this Act
and the description and construction of wards, cells
and other places of detention ;
(ii) the regulation by number or otherwise of
the inmat es to be deta ined in eac h class of institution;
(iii) the defining of the powers and duties of the
Director of Borstal Institutions ;
(iv) the g-overnance of Borstal Institmion s, and
the appointm ent, conditions of service, guidance,
control, punishment and di~missal of Superintendents
and other officers employed in Borstal Institutions,
and for the defining of their respon sibilitie s, duties ,
di>abiliti es and powers ;
(v) the maintenance of records and the prepara·
tion and submission of reports ;
(vi). the selection and appointment of inmate s a:>
inmate officers and their reducti on and di ~ missal and
defining the re~pons ibilitie s, dutie s e1 nd powers c,f rnch
officers ;
(vii) the temporary detention of · inmat es until
arrangement can be made for their admission io a Bor:;
tal Institution ;
(viii) the admi%ion, removal and dischar ge of iP
rnates, and the dispo 0 al of their effe:cts dnring their
detention ;
(ix) feeding, clothing and bedding of inmatf.s ;
,. :r
~
1'HE ASSAM GAZETTE, EXTRAORDINARY FEB, 10, 1968-
. (x) the custody, discipline, grading, treatment,
education, training and control of inmates ;
(xi) tlJe employment; instruction and control of
inmate5 within or without 'Borstal Institutions and the
disposal of the proceeds of their labour ;
(xii) the treatment of sick inm;i,tes ;
(xiii) classifying and prescribing the forms of
education, instruction, employmen t and labour and
regulat ing the periods of rest ;·
(xiv) defining the acts which shall constitute
Borstal Institution offences J
(xv) the classification of Borstal Institution offences
into major and minor offences ; ·
(xvi) fixing the punishments admissible undrr this
Act which shall be awardable for the commi~sion of
the various Borstal Institution offences or the classes
thereof;
(xvii) declaring the circumstances in which acts
constituting both a Borstal Institution offences and
an offence under Indian Penal Code, 1860 may or
may not be dealt with as Borstal Institution offence ;
(xviii) awardin g of marks and the shortening of
periods of detention;
(xix) regulating the use of arms against any
inmate or body of inmates and th~ use of fetters in
the cas·e of an outbreak or attempt to escape ;
(xx) defining the circumstances and regulating
conditions under [which inmates in danger of death
may be released ;
XLV
1860.
143
of
144 1 HE ASSAM GAZETTE, EXTRAORDINARY FEB. lp, 1969
(xxi) regulating the trans'er from one pa.rt ofJndia
to another part of inmates whose term of detention "is
abou t to expire ;
(xxii) defining articl<>~ the introduction or removal
of which into or out of Borstal Inslitutiom without due
authority is prohibited ;
· (xxiii) the ch,ssification and the separation of
inmates;
(xxiv) rewards for good conduct ;
(xxv) regulating the transfor of inmates from one
Borsta} I nstitution to another or to a.hospital and from a
Borstal Institution to a prison or from a prison to a
Borstal Institution ;
(xxvi) the treatment, transfer and disposal of
crimina l lum1tir.::s confined in Borstal Institutions;
(xxvi1) regulating the transmission of appeals and
petitions from inmates and thei!" communications with
their friends ;
(xxviii) the appointment arid guidance of visitor ,
of Borstal Institutions ;
(xxix) prescribing conditions on which certificate
may be granted, suspended, revoked, or cancelled ;
(xxx) appointment, powers and control or ser
vants of the Government referred to in Section 13 ;
(xxxi) defining the powers and duties of aft er-care
societie:. and guardians and the condition on which
financial assistance ma ~· be given to them ;
(xxxii) the appointment of vhiting committees;
(xxxi1i) generally for the purpo:ie of carrying
out the provisions of this Act~
~
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"" '1 HE ASSAM GAZET~. E:XTRAORDINARY, FEB. 10, 1969 145
(3) Every rule made under this section shall be
laici as won as may be after ·it is made, before the
Assam Legislative Assembly while it i~ in Session for
a total period of fourteen days which may be com
prised in one Session or in two successive Sessions,
and if before the expiry of the Session in which it is
so laid or the Sessions immediately following, the
Assam Legislative Assembly agree in making any
modifica tion in the rule or the Assam Legislativ e Assem
bly agree tha 1- the rule sho·1ld not be made, the rule
shali thereafter have effect! only in such modified form
or be of no effect, as the case may be ; so ho.wever,
that any such modification or annulment shall be
without prejudice to the validity of anything pre
viously done under that rule.
P. C. DAS,
J oint Secy. to the Govt. of Assam,
law Deptt .
SHIL:LONG-Printeo and published by the Suoerintendent, Assam
Government Pre1S-(Bx. Gazette) No.19-1,334+200-·10-2·1969.