Registered No.A.12 The Assan1 Gazette EXTRAORDINARY 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~sam Le[tislative Assembly which received the assent of the President is hereby publi~hed for general information.
ASSAM ACT I O F 1969 (Received the a s sent of the Presid ent on the 24th January, 1969) THE ASSAM BORSTAL I NST ITUTION ACT, 1968 (Published in the Assam Gazette Extraordinary, dated 10th February 1969] An Act to provide for the establishment and regufation of Bor•ta) Institutions in the State of Assam and for the detentiou and tra ining of a dolescent offenders therein and matters connected therewith Preamble Whereas it is expedient to provide for the establishment and regulation of Borstal I nstitutions in the State of A~sam and for the detention and training of adolescent offenders therein and matters connected ;£.herewith.
\ I ' , \ 132 THE ASSAM GAZETTE, EXTRt{(}ROINAR. • F,JBt, IO, 1969~ Short title;
extent and commence 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 Institution Act, 1968.
(2) It extends to the whok of the State of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint in this behalf.
Definitioas 2. In this Act, unless there is anything repugnant 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 punishable 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 cancelled under section 126A of that Code, has failed to give fresh security ;
(b) "Borstal Institution" means a place in which adolescent offenders may be detained under this Act and given such industrial , vocational, g<""neral educational and cultural training and other instructions and subjected to such disciplinary and moral influences as will be conducive to their reformation ;
(c) ''detained" with its grammatical variations and cognate expressions means detained in a Borstal Institution ;
(d) ' 'Director" means a Director of Borstal Institutions appoint«d under sub-section (1) of section 4 ;
(c) " inmate" means any person ordered to be detained under this Act ;
(f ) "officer" means an officer of a Borstal Insti tution appointed in su::h manner as may be prescribed and includes the Director and the Superintendent of Borstal Instit tions appointed under section 4 ;
(g) "prescribed" means prescribed by rule made under this Act ;
V of l 89fi~ ' ~ : '.f!iEfA~SAM'GAZETTE, ,F,XTRAORDINARY, FEB. 10, 1969 133 -- ? --.... --rr-- - Establish.
ment ot Borstal · I nstitutioru.
(h) ''Superintendent" means a Superintendent of a Borstal Institution appointed under sub-section (2) of section 4 ;
·(i) "visiting committee" means a visiting com· mittee -appointed under s.ub-section (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, subject to Director of the directions issued by the State Governmt!nt, general Bo~sta~ Ins- control and superintendence over all Borstal 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 commit tee shall be appointed in such manner as may be prescribed.
Power of 5. (l) When an adoI.escent offender is convicted 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 imprisonm 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 Borstal Institution for a term which shall not be less than two years aIJ.d. more than five years, when the order 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 Magistrate.
(2) When any Magistrate not empowered . to make an order under sub-section (l) is'of opinion that in respect of any adolescent offender convicted by him an order should be made under the said sub-section he shall, without passing any sentence, record such opinion and submit thl" records of the case and for· ward the adolescent offender to the Sessions Judge and thereupon the Sessions Judge may either pass an order under 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, EXTRAORDINARY~ 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 order of detention under sub section (1) or sub-section (2), the High Court, the Sessions Judge or the Magistrate, as the case may be, shall, after considering any report submitted by the Probation Officer under the Probation of Offenders' Act, 1958 and any other report or representation which may be made to it or him as to the desirability of the detention, satisfy itself or h imself 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 convicted is likely to profit by such detention.
(4) When an order for detention is made under this Act, the ground for such detentions shall be recorded and a copy thereof shall be furnished to the person ordered to be detained, free of cost.
6. Whenever it appears or is represen ted to the Supe rintendent of a prison that any adolescent offe nder confined in the prison sho uld , for the reasons mentioned 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 produced 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" prescribed and such further inquiry as he may con sider necessary, is sa tisfied that the adolescent offender should, for the reasons 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 unexpired term of the imprison.
ment to which he was sentenced or equal to the un expired portion of the period fo r which he was re quired to give security, as the case may be:
Provided that in no case shall he be detained for more than five years.
7. No order shall be ma.de u nder the provision of section 6- {i) until the~time allowed by law for appeal against the sentence or order under which the prisoner is committed to or confined in prison, has expired or , if an appeal has been preferred or a revision is pending until such appeal or revision has been 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.
provisions ©f appeal ancl revi sion.
l2J J&Notwithst?.nding] :::.nything contained in section 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, FEB.' 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 imprisonment 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 imprisonment to which he was sentenced.
( 4) Any person ordered by a Court of Session under the provision of sub-section ( 3) to be detained for a period 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 p ass any such order as the Court 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 detention be made under tois Act the High Court, Sessions Judge or regarding Magistrate, as the case may be, shall inquire, or age bef?re cause an inquirv to be m,1de into the question 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 section l 26A of the Code of Criminal Proced•1re, 1898, and after taking such evidence, ii' any, in regard thereto as may be deemed necessary or proper, shall record a finding thereon.
(2) A similar inquiry shall be made and finding recorded by every M agistrate not empowered to pass an order of detention under this Act before submitting the record and forwarding the accused to the Scssfons Judge as required by sub-section (2) of section 5.
Additional 11 . The Sessions Judge may transfer any matter or Sess ion s proceeding pending before him under this Act to an -/iudge P to Additional Sessions Judge for disposal and on such ofves~~~~ transfer being made the <\dditional Sessions Judge shall Judge. exercise in regard thereto the same powers as are vested in the Court of Sessions or the Sessions J udge by or under this Act.
Detentio~ 12. "The detention of a person for the first time under ft~r the ttirsc the provisions of this Act shall not be regarded as a ime no to . . r h f a· 'fi . be regarded conv1c~1on 1or t ~ I?urpose o any ISquah 1Cat1on as disquaJifi. attaching to a conviction for any offence.
cation.
V of 1898.
..
_, ...
; f ~~SSAM GA~ETTE, EXTRAORDINARY FEB. 10, 1969 Power to re lease on licence.
13. (1) Subject to any general or specific direction of the State Government, the Director of Borstal Institutions may, on the recommendation of the visiting 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 titution 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 Government 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 until 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 absent from a Borstal Institution during the con tinuance of a licence granted 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 under c:;ation of section 13 may be suspended for a period not exceed hcence. ing three months by the Superintendent 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 contf01 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 ecifa<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 cause 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 incurred 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~~~eir1~~~ person is dbch::irged or removed in accordan 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 · hProced 5 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-section {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, fEB~ 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 purposes of this Act.
(2) In particular and without prejudice to the generality of tbe foregoing powers such rul~s may provide for all or any of the following · matters, namely:-
(i) the regulation, manageme11t and classific;i.tion of Borstal Institutions established 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 inmates to be detained in each class of institution;
(iii) the defining of the powers and duties of the Director of Borstal Institutions ;
(iv) the g-overnance of Borstal Institmions, and the appointment , conditions of service, guidance, control, punishment and di~missal of Superintendents and other officers employed in Borstal Institutions, and for the defining of their responsibilities, duties, di>abilities and powers ;
(v) the maintenance of records and the prepara· tion and submission of reports ;
(vi). the selection and appointment of inmates a:> inmate officers and their reduction and di~missal and defining the re~ponsibilities, duties e1 nd powers c,f rnch officers ;
(vii) the temporary detention of · inmates until arrangement can be made for their admission io a Bor:; tal Institution ;
(viii) the admi%ion, removal and discharge of iP rnates, and the dispo 0 al of their effe:cts dnring their detention ;
(ix) feeding, clo thing 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 ;
(xi ii) classifying and prescribing the forms of education, instruction, employment and labour and regulating 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) awarding 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 about 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 criminal 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 after-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~ ~ - . ~ "" '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 Legislative 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.