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Bombay Borstal Schools Act, 1929, (Maharashtra) Complete Act

Title: the Bombay Borstal Schools Act, 1929

State: Maharashtra

Year: 1929

Preamble - THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865 Section 1 - Contracts declared null and void. No suit allowed on such contracts Section 2 - Nor for commission or brokerage, etc., in respect of agreements by way of gaming or wagering Section 3 - Payments for which guardian and personal representative not to be allowed credit Section 4 - Repeal and savings Section 5 - Number and gender

Bombay Borstal Schools Act, 1929 Complete Act

State: Maharashtra

Year: 1929

.....(2) For every Borstal School, a visiting committee shall be appointed in such manner as may be prescribed. SECTION 05: APPLICATION OF THE PRISONS ACT, 1894, AND THE PRISONERS ACT, 1900. Subject to any alterations, adaptations, and exceptions made by this Act and the rules framed under it, the15Prisons Act. 1894, and the15Prisoners Act, 1900 and the rates framed thereunder shall apply in the case of every Borstal School established under this Act as if it were a prison16[the inmates prisoners and the Principal Superintendent]. SECTION 06: COURT MAY PASS ORDER FOR DETENTION IN A BORSTAL SCHOOL When an offender is found guilty of an offence for which he is liable to be sentenced to transportation or imprisonment, or is liable to imprisonment for failure to furnish security under Chapter VIII of the Code of Criminal Procedure 1898, whether any previous conviction is proved against him or not, and it appears to the Court - (a) that the offender is not less than sixteen or, in any district or place in which17[the Bombay Children Act 1948, the Central Provinces and Berar Children Act, 1928 or the Hyderabad Children Act, 1951], is not in operation less than fifteen, nor more than.....

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 11

Title: Transfer from Prison to Borstal School or Vice

State: Maharashtra

Year: 1929

.....the period of detention in the Borstal school] and issue a warrant for confinement of the offender in a prison and thereupon the provisions of sub-section (2) of section 12 shall apply to such offender as if he had been so ordered to be confined in the prison by warrant under the hand of a Secretary to the State Government.] 13[(4) Where any person after he has been detained in a Borstal school has been found guilty of an offence committed before his detention therein and sentenced to imprisonment mentioned in sub-section (1) by a court of law, then the Inspector-General may by order in writing commute the period of such imprisonment to that of detention in a Borstal school, and notwithstanding anything contained in this Act direct that such person be detained in the Borstal school beyond the normal period of detention therein for such period as together with the period of imprisonment already undergone will not exceed the maximum period for which such person could have been ordered to be detained by a Court under section 6 : Provided that, no such person shall be detained in the Borstal school after he has attained the age of twenty-five years.] NOTES According to the.....

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 13

Title: State Government to Determine the Borstal School in Which a Person Shall Be Detained and May Order Removal

State: Maharashtra

Year: 1929

.....under this Act to a Borstal school in any other 5[State] in 6[* * *] India] 7[* * *] provided that the whole period of his detention in a Borstal school shall not be increased by such removal. ______________ 1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. 3. These words were substituted for the words "State Government" by Mah. 57 of 1975, section 3. 4. These words were inserted by Bom. 2 of 1936, section 4. 5. This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. 6. The word "British" was omitted, ibid. 7. The words "or in an Acceding State" were omitted, ibid.

Bombay Borstal Schools Act, 1929, (Maharashtra) Section 13A

Title: Power to Order Detention In, or Removal of Offenders To, a Borstal School in Another State Power to Accept Transfers of Offenders from Another State to a Borstal School in the Presidency

State: Maharashtra

Year: 1929

.....or special order, has consented, or is empowered, to receive such offender for detention in such Borstal school. (2) The officer-in-charge of a Borstal school established under this Act may, subject to the rules made in this behalf, give effect to any order for the detention therein of any person passed by any authority under any enactment in force in any other 2[State] 3[* * *] India 4[* * *]. A person detained in such Borstal school under this provision shall be deemed to be an offender ordered to be detained under the provisions of section 6 and the provisions of this Act shall apply to such person accordingly]. __________________ 1. Section 13-A was inserted by Bom. 2 of 1936, section 5. 2. This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. 3. The word "British" was omitted, ibid. 4. The words "or in an Acceding State" were omitted, ibid. 5. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation of Indian Laws Order in Council. 6. The words "or the Government of the said Acceding State" were omitted by the Adaptation of Laws Order, 1950.

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 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 17A

Title: Discharge from Borstal School

State: Maharashtra

Year: 1929

1[The 2[3[State] Government] may at any time order any person detained in a Borstal school to be discharged from such school, either absolutely or on such conditions as may be imposed.] ____________________ 1. Section 17-A was inserted by Bom. 3 of 1934, section 4. 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.