Act Info:
(1) The 1[2[State] Government] may make rules for the regulation and management of any Borstal school and for the carrying into effect of the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for or determine -
(a) the control and management of Borstal schools established under this Act;
(b) the appointment, powers and duties of officials in such schools;
(c) the constitution, powers and duties of visiting committees 3[and allowances to be paid to the non-official members thereof];
(d) the classification, control, discipline, training, instruction and treatment of offenders ordered to be detained in a Borstal school and for the temporary detention of such offenders until arrangements can be made for sending them to such school;
(e) the regulation of visits to, and communication with, offenders detained in such school;
(f) the restriction or prohibition of the supply to, or possession by, offenders detained in such school of any specified articles or kinds of articles;
(g) the period for which offenders or any class or classes of offenders may, within the limits fixed by this Act, be ordered to be detained in such school;
(h) the class or classes (if any) of offenders who shall not be ordered to be detained in such school;
4[(hh) the removal of offenders to Borstal schools in other 5[States] in 6[* * *] India and the reception and detention in a Borstal school established under this Act of offenders transferred from other 5[States];]
(i) the form and conditions of licenses granted under section 14;
(j) the supervision of offenders after the expiration of the term of their detention;
(k) the transfer of incorrigible offenders from a Borstal school to prison;
7[(1) the conditions on which an offender may be discharged under section 17 A;]
8[(m) for the award of marks, the suspension or remission and consequent shortening of the term of detention in a Borstal school and the grant of release on parole or furlough and determining the conditions on which and the authority by which the term of detention may be suspended or remitted and the offenders may be released on parole or furlough.]
(3) The making of rules under this section shall be subject to the condition of previous publication. 9[A 11 rules made under this section shall be laid before each House of the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.]
NOTES
Travelling and Daily Allowances.-- Rule 7-A of the Maharashtra Borstal Schools Rules, 1965, provides payment of travelling and daily allowances to the non-official members of the visiting committees. However, while examining this rule, the Committee Subordinate Legislation observed that there was no enabling provision in the Act, for such a rule and that rule was, therefore, defective. Special power is, therefore, taken to the State Government to make rules providing for such allowances by an amendment of clause (c) of sub-section (2) of section 19 of the Act.
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1. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. These words were added by Mah. 57 of 1975, section 4.
4. Clause (hh) was inserted by Bom. 2 of 1936, section 6.
5. This word was substituted for the word "Provinces" by the Adaptation of Laws Order. 1950.
6. The word "British" was omitted, ibid.
7. Clause (1) was added by Bom. 3 of 1934, section 6.
8. Clause (m) was substituted for the original by Mah. 21 of 1960. section 15 (1).
9. This portion was substituted for the portion beginning with the words "Such rules" and ending with the words "may rescind the rule" ibid., section 15 (2).