Maharashtra Bare Acts 1929

Bombay Borstal Schools Act, 1929 Complete Act

State : Maharashtra

Year : 1929

.....at such scales as may from time to time be determined by the State Government on condition that they complete their daily quota of work to the satisfaction of the Borstal School authorities, with a view to - (a) offering on incentive and stimulus for effort, work and industry; (b)making school work purposive and meaningful ; (c) developing a sense of responsibility and self-respect amongst the inmates (d) enabling inmates to purchase their sundry daily extra reqirements from the school canteen ; and (e) helping inmates to effect savings for their post release rehabilitation and also for extending economic help to their family members, that is to say, father, mother, brother and sister. RULE 28: SAVINGS AND EXPENDITURE (1) Every inmate shall be allowed to utilise not more than two -thirds of his earnings (the remainder being kept as compulsory savings for his rehabilitation needs ) for the following purposes; that is to say, - (a) purchasing articles from the school canteen , (b) purchasing post cards, envelops and the like, (c) remittance to family members, (d) purchase of approved books, and (e) other items as are approved by the Principal, such as purchase of National Savings.....

Bombay Borstal Schools Act, 1929, (Maharashtra) Preamble

Title : the Bombay Borstal Schools Act, 1929

State : Maharashtra

Year : 1929

.....extension, be in force in that part of the State of Maharashtra to which immediately before the commencement of Mah. 21 of 1960, it did not extend (vide Mah. 21 of 1960, section 2). 2. For Statement of Objects and Reasons, see Bombay Government Gazette, 1929, Part V, p. 129; for Report of the Select Committee, see ibid., 1929, Part V, p. 143, and for Proceedings in Council, see Bombay Legislative Council Debates, 1929, Vols. XXVI and XXVII. 3. These words were substituted for the words "Presidency of Bombay" by Mah. 21 of 1960, sections 3 and 4. 4. The portion beginning with the words "and whereas" and ending with the words "passing of the Act" was deleted, ibid., section 4 (2).

Bombay Borstal Schools Act, 1929, (Maharashtra) Section 12

Title : Transfer of Incorrigibles Etc., to Prison

State : Maharashtra

Year : 1929

.....person had been sentenced by a competent court of criminal jurisdiction. NOTES Order passed by State Government without considering relevant facts.-- It is clear that before any order under section 12 can be passed by the State Government, the State Government must be satisfied regarding the existence of the facts mentioned therein. Secondly, the State Government must determine the term of imprisonment within the maximum limit laid by the section, depending on the facts and circumstances of the case. Clear discretion is vested with the State Government which can be exercised only upon application of mind to all the relevant facts and especially taking into consideration the avowed object of the Act namely, the reformation of the offender.- Guntabai Balu Barade v. State of Maharashtra, 1988 (2) Bom. C. R. 663. _________________ 1. These words were inserted by Mah. 21 of 1960, section 11 (1). 2. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. 3. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 4. These words were inserted by Bom. 39.....

Bombay Borstal Schools Act, 1929, (Maharashtra) Section 2

Title : Extent and Commencement

State : Maharashtra

Year : 1929

1[(1) It extends to the whole of the State of Maharashtra.] (2) It shall come into operation 2[in the pre-Reorganization State of Bombay] on such date as the 3[4[State] Government,] may, by notification in the 5[Official Gazette], appoint 6[in this behalf; and in the Vidarbha and Hyderabad areas of the State of Maharashtra, it shall come into operation on the commencement of the Bombay Borstal Schools (Extension and Amendment) Act, 1960.] ____________ 1. Sub-section (1) was substituted for the original by Mah. 21 of 1960, section 5 (1). 2. These words were inserted, ibid., section 5 (g). 3. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. 4. This word was substituted for the word "Provincial" by the Adaptation of Laws Order. 1950. 5. The words "Official Gazette" were substituted for the words "Bombay Government Gazette", by the Adaptation of Indian Laws Order in Council. 6. This portion was substituted for the words "in this behalf" by Mah. 21 of 1960, section 5 (2).

Bombay Borstal Schools Act, 1929, (Maharashtra) Section 22

Title : Repeal of C. P. and Berar Ix of 1928 and Hyd. Xv of 1956 and Saving

State : Maharashtra

Year : 1929

.....(Extension and Amendment) Act, 1960 had not commenced in the area in which the repealed law was in force : Provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment made, detention order passed, notification, order or direction issued, rule or form framed, license or certificate granted) under any such law shall, in so far as it is not inconsistent with this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.] __________________ 1. Section 22 was added by Mah. 21 of 1960. section 16.

Bombay Borstal Schools Act, 1929, (Maharashtra) Section 4

Title : Establishment of Borstal Schools

State : Maharashtra

Year : 1929

.....in such manner as may be prescribed. ORDER *No. JLD. 1087/13 (33)/PRS-2(i), dated 26th February, 1990.- In exercise of the powers conferred by sub-section (1) of section 4 of the Bombay Borstal Schools Act, 1929 (Bom. XVIII of 1929), and of all other powers enabling it in this behalf and in supersession of Government Order, Home Department, No. BSA. 1263/3975(ii)-IV, dated the 30th January. 1963 and Government Resolution, Home Department, No. RJM. 1071/(1)/ 47373-XVI. dated 22nd August, 1972, the Government of Maharashtra hereby declares the building situated in City Survey No. 6690. at Nashik, in Nashik District known as the Nashik District Prison, Class II, admeasuring 1.29.79 hectares to be a Borstal School for the purposes of the said Act, which shall be known as the Borstal School, Nashik. ____________ * Published in M.G.G., Pt. IV-B, dated 5.4.1990, p. 443. 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. Sub-section (1A) was inserted by Mah. 21 of 1960. section 7.

Bombay Borstal Schools Act, 1929, (Maharashtra) Section 6

Title : Court May Pass Order for Detention in a Borstal School

State : Maharashtra

Year : 1929

.....Borstal Schools Act, viz., 'an offence for which he is liable to be sentenced to transportation' clearly indicates that the emphasis is not on the factum of punishment but the emphasis is on the 'liability' to be sentenced. Section 6 of the Bombay Borstal Schools Act uses the expression 'liable' with reference to the maximum sentence provided for the offence. In the cases where the maximum sentence provided for the offence is either transportation or imprisonment, etc., then alone section 6 of the Bombay Borstal Schools Act, can apply to such a case. The word 'liable' is normally interpreted to mean, exposed to a certain contingency or causality. In other words, it means a future possibility, probability, happening which may or may not actually occur. It deals with the liability and not with the actual order as to sentence. Normally an offence is described for which a death penalty is provided for, is not covered by section 6 of the Bombay Borstal Schools Act, 1929.- Nago Atmaramji v. State of Maharashtra, 1977 Mah. L. J. 163. _______________ 1. This portion was substituted for the words and figures "the Bombay Children Act, 1924" by Mah. 21 of 1960. section 9. 2. These.....

Bombay Borstal Schools Act, 1929, (Maharashtra) Section 8

Title : Courts Empowered to Pass Order for Detention

State : Maharashtra

Year : 1929

The powers conferred on Courts by this Act shall be exercised only by the High Court, a Court of Session, 1[* * *] a salaried Presidency Magistrate, or a Magistrate of the first class and may be exercised by such Courts whether the case comes before them originally, or on appeal or in revision. NOTES Magistrate must direct detention of accused in a Borstal school for at least three years.- State of Maharashtra v. Krishna, Cr. R. No. 140 of 1970, dt. 8.10.1970 (H.C.). ___________________ 1 The words "a District Magistrate, a sub-divisional Magistrate" were deleted by Bom. 23 of 1951, section 2, Schedule-Part III.

Bombay Borstal Schools Act, 1929, (Maharashtra) Section 19

Title : Rules

State : Maharashtra

Year : 1929

.....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.....

Bombay Borstal Schools Act, 1929, (Maharashtra) Section 1

Title : Short Title

State : Maharashtra

Year : 1929

This Act may be called the Bombay Borstal Schools Act, 1929. NOTES Borstal.-- This is custodian institution, named from Borstal in Kent. The first institution was established in 1908, intended to segregate young offenders from criminals (adults). Also, intended to provide a regime of discipline and training. Such schools are generally organized in houses, like public schools; some are 'open' whereas camps are used for certain schools. Always emphasis, in such schools, is on work, either mental or manual, mainly productive, and vocational training youths and girls within requisite age limits may be sent for Borstal training, the maximum period is fixed by the law governing such system and in practice they are released earlier when deemed to have made sufficient progress to justify their release.