(1) A probation officer named in an order under section 4 (2) shall be-----
(a) any person appointed to be a probation officer by the [State Government] 1 , or
(b) any person provided for this purpose by a society recognized in this behalf by the [State Government] 1 , or
(c) in exceptional case, any other person who, in the opinion of the court, is a fit person to act as a probation officer in the special circumstances of the case.
Explanation-Probation officer may be a person of either sex.
(2) In nominating a probation officer, the court shall be guided by any general or special instructions the [State Government] 1 may issue in this behalf.
1. Subs. by the A. O. 1950 for (Provl. Govt.)
17 [The United Provinces First Offenders' Probation Act, 1938] [Section 10-12]
(3) A probation officer, in the exercise of his duties under any supervision order, shall be subject to the control of the District Magistrate of the district in which the offender for the time being resides.
(4) The court, before which an offender is bound by his bond to appear for sentence when called upon, or the District Magistrate of the district in which the offender for the time being resides may at any time, appoint another probation officer in the place of the person named in a supervision order :
Provided that if such person was provided by a society, the probation officer to be appointed in his place shall also be one provided by such society, unless the society is unable to provide a man suitable in the opinion of such court or magistrate to act as a probation officer.
Duties of probation officers
10. A probation officer shall, subject to rules made under this Act and to the directions of the courts,-
(a) visit or receive visits from the offender at such reasonable intervals as may be specified in the supervision order, or subject thereto, as the probation officer may think fit ;
(b) see that he observes the conditions of the bond or bonds executed by him ;
(c) report to the court as to his behavior; and
(d) advise, assist and befriend him, and when necessary, endevour to find suitable employment for him.
Variation of condition of probation and discharge of bonds executed by offender
11. The court before which any offender is bound by his bond under section 4, to appear for sentence when called upon --
(a) may at any time, if it appears upon the application of the probation officer, that it is expedient that the bond or bonds executed by the offender should be varied, summon him, and if he fails to show cause why such variation should not be made, vary the bond or bonds by extending or diminishing the duration thereof (so, however, that it shall not exceed three years from the date of the original order and shall not extend beyond the date on which in the opinion of the court, the offender shall attain the age of twenty-five years), or by altering the conditions thereof or by inserting additional conditions therein, or
(b) may, on application made by the probation officer and on being satisfied that the conduct of the offender has been such as to make unnecessary that he should be kept any longer under supervision, discharge the bond or bonds executed by him.
Effect of variation of bond sureties