(1) Subject to the prescribed conditions, the Inspector-General may, at any time, and in the case of a request made by the officer, institution, society or person, under whose supervision and authority the offender has by licence been permitted to live, shall, after considering the report of the Investigating Committee submitted to him under section 19-F, revoke a licence granted under section 15, and upon such revocation the offender shall be detained in a Borstal school until the expiration of the term for which he was ordered to be detained in such school:
Provided that, if the Investigating Committee reports that the conduct of the offender has been such that he is unfit for detention in a Borstal school, the Inspector-General shall forward the report of the Investigating Committee to the State Government who may,-
(i) direct the Inspector-General to revoke the licence as provided in this sub-section, or
30. Substituted by the Andhra Pradesh Extension of Laws Act, 1958 (Act XXIII of 1958).
Form of licence.
Revocation of licence.
12 [Act No.V of 1926]
(ii) themselves revoke the licence and commute the unexpired residue of the term of detention of the offender to a term of imprisonment as provided in section 14.
(2) If an offender removes himself from the supervision of the officer, institution, society or person under which he was by licence permitted to live, his licence shall be deemed to have been revoked from the date on which he has so removed himself.]
18. If any inmate escapes from a Borstal school or if any inmate absent on licence from a Borstal school removes himself from 31[the supervision of the officer, institution, society or person under which he was by licence permitted to live] or fails to return from such supervision to the Borstal school, a, police officer not below the rank of a Sub- Inspector of Police may, without orders from a Magistrate and without warrant, arrest him and take him back to the Borstal school and his licence shall be forfeited with effect from the date of his escape or failure to return as the case may be.
19. The time during which a person is absent from a Borstal school under a licence shall be treated as part of the term of his detention in the school; provided that where that person has failed to return to the school on the licence being forfeited or revoked, the time which elapses after his failure so to return shall be excluded in computing the term during which he is to be detained in the school.
31. Substituted by the Andhra Pradesh Extension of Laws Act, 1958 (Act XXIII of 1958).
Escape and failure of licence.
Absence under licence to be counted towards period of detention.
[Act No.V of 1926] 13 32[PART III-A.]
CONTROL AND MANAGEMENT OF BORSTAL SCHOOLS.
19-A. Subject to the orders of the Inspector-General and subject also to the rules made by the State Government the control and management of every Borstal school shall vest in a Superintendent appointed by the State Government.
19-B. (1) (a) Every Visiting Committee appointed under sub-section (2) of section 3 shall consist of the Sessions Judge, 33[the District Collector], the District Educational Officer of the district in which the school is situated and four non-official members appointed by the State Government.
(b) The non-official members shall hold office for a period of two years but shall be eligible for reappointment on the expiry of that period.
(2) It shall be the duty of the Visiting Committee and its members,-
(a) to visit the school either individually or collectively on such occasions as may be fixed by the rules made under this Act in that behalf for the purpose of ensuring that the provisions of this Act are duly given effect to;
(b) to make such suggestions for the improvement of the training therein as are considered necessary and to report to the State Government or to the Inspector-General from time to time any matter, which, in their opinion, should receive attention and annually on the progress of the school;
32. Part III-A was inserted by the Madras Borstal Schools (Amendment) Act, 1936 (Act XIX of 1936) which Act is since repealed by the Madras Repealing and Amending Act, 1951 (Madras Act XIV of 1951).
33. Substituted for the words “the District Magistrate” by Act XXIII of
1958.
Management of Borstal schools.
Constitution, powers and duties of Visiting Committees.
14 [Act No.V of 1926]
(c) to interview the inmates immediately after their arrival and to make suggestions, if any, as to the special training which each should receive;
(d) to consider cases of release on licence under sub-section (1) of section 15 placed before them by the Superintendent; and
(e) to consider such action as may be necessary in regard to the inmates whose term of detention is about to expire.
(3) Subject to such rules as may be made in that behalf by the State Government every member of the Committee shall be entitled to call for information from the Superintendent, to examine the records of the school and to take such other action as he deems necessary for the due discharge of his duties.
19-C. (1) The inmates of a Borstal school shall be divided by the Superintendent according to their industry and good conduct into four grades, namely:-
(1) the penal grade,
(2) the ordinary grade,
(3) the star grade,
(4) the special star grade.
(2) The privileges of each grade shall be higher than those of the grade preceding, if any.
(3) Every inmate shall, on reception in a Borstal school, be placed in the ordinary grade.
Classification of inmates.
[Act No.V of 1926] 15
(4) The Superintendent may promote or reduce any inmate from one grade to another in accordance with the provisions of sub-section (5), the rules made under this Act and the general instructions of the Visiting Committee.
(5) Promotions and reductions shall be regulated by close personal observations of the inmates and shall depend specially on their general behaviour, amenability to discipline and attention to instructions both literary and industrial.
19-D. (1) The punishments which may be inflicted on an inmate of a Borstal school for offences specified in the Prisons Act, 1894, and the rules made thereunder shall be in the following forms and in no other:-
(i) Formal warning.
(ii) Extra drill.
(iii) Deprivation of any of the privileges of the grade.
(iv) Reduction in grade.
(v) Cuts on the hand by a rattan not exceeding six on each hand.
34[(vi) [XXX]]
(2) No punishment shall be awarded to any inmate by any official of the school except by the Superintendent or in his absence the official exercising his functions.
34. Item (vi) was omitted by Act XXIII of 1958.
Punishments for offences.
16 [Act No.V of 1926] 19-E. No inmate of a Borstal school shall be made to work for more than eight hours a day:
Provided that extra drill awarded as a punishment under sub-section (1) of section 19-D shall not be deemed for the purposes of this section, to be work.
35[19-F. (1) The State Government may, by notification in the Telangana Gazette, appoint an Investigating Committee.
(2) The Inspector-General may, by an order in writing, require any offender,-
(a) who is discharged on licence under section 15 and who is reported by the officer, institution, society or person under whose supervision he has been permitted to live to be of bad behaviour, or
(b) who has committed breach of any of the conditions of the licence granted to him under section 15, to appear before the Investigating Committee within such time and at such place as may be specified in the order.
(3) The Investigating Committee shall examine the offender and after making such inquiry as it thinks fit into his conduct, submit its report to the Inspector-General. If the Investigating Committee reports that the conduct of such offender has been such that he is unfit for further detention in a Borstal school the lnspector-General shall forward a copy of the report of the Investigating Committee to the State Government.
(4) The offender shall, during the period of the proceedings under this section, be detained in a Borstal school or in a special ward or such other suitable place in a
35. Inserted by Act XXIII of 1958.
Limitation of hours of work.
Investigating Committee to investigate into complaints against offenders discharged on probation, etc.
[Act No.V of 1926] 17 prison as the Inspector-General may, by general or special order, direct.
(5) If the offender fails to appear before the Investigating Committee in accordance with the order made under sub-section (2) or escapes while under detention under sub-section (4), he may, on the requisition of the Inspector-General or any officer authorised by him in this behalf, be arrested by any officer of police without a warrant, and without any order of a Magistrate and brought before the Investigating Committee or sent under custody to the place of detention under sub-section (4), as the case may be.
(6) The period commencing from the date on which the order under sub-section (2) is passed by the Inspector- General and ending with the date on which an order is passed by the State Government under section 17, shall be excluded in computing the total term of his detention in a Borstal school.]
PART IV.
APPEAL AND REVISION.
20. For purposes of appeal and revision under the Code of Criminal Procedure, 1898, a sentence of detention under section 8 of this Act shall be deemed to be a sentence of imprisonment for the same period.
Any person affected by an order of the Inspector- General under this Act may appeal to the State Government whose orders shall be final.
Appeal and revision.
18 [Act No.V of 1926]
PART V.
MISCELLANEOUS.
21. In areas to which 36[the Andhra Pradesh (Andhra Area) Children Act. 1920.] has not been extended, the figure 16 appearing in section 2 (1) of the Act shall be read as 15.
37[21-A. The State Government may at any time order the discharge of an inmate of any Borstal school either absolutely or subject to such conditions as they may think fit.]
22. The conviction of an adolescent shall not be regarded as a conviction for the purposes of any disqualification attaching to a conviction for any offence.
* * *
36. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Act IX of 1961).
37. Section 21-A was inserted by the Madras Borstal Schools (Amendment) Act, 1936 (Madras Act XIX of 1936).
Minimum age-limit of adolescents in areas to which 36[the Andhra Pradesh (Andhra Area) Children Act, 1920] has not been extended.
Power of State Government to discharge inmates.
Removal of disqualification attaching to convictions for offences.
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