Section 45 in The Maharashtra Habitual Offenders Rules, 1960
45.
(1)The Superintendent may permit any bona fide dependents of a settler to reside with him in the settlement in case of emergency. In all other cases, the [Director of Correctional Services] [Substituted by G. N. of 4.7.1973.] may, if they so desire, permit them to reside in the settlement :Provided that, before such permission is granted the [Director of Correctional Services] [Substituted by G. N. of 4.7.1973.] shall -(i)ascertain by making such enquiries as he deems fit that according to the custom of the community to which the settler belongs, he is responsible for the maintenance of the dependents and that the settler and his dependents cannot suitably live apart, and(ii)obtain an undertaking from the settler that the dependents shall observe the discipline of the settlement and that the settler shall be responsible for the breach of the provisions of rule 35 specified in sub-rule (2) committed by any of his dependents.(2)The dependents of the settler shall, so long as they reside in the settlement, observe the discipline of the settlement and particularly the provisions contained in clauses (b) to (i) and clause (k) of rule 35.(3)The settler shall exercise proper supervision over his dependents and shall not be an accessory to any breach of the provisions of rule 35 specified in sub-rule (2) committed by any of his dependents.(4)Any breach of the provisions of rule 35 specified in sub-rule (2) by any of the dependents may, at the discretion of the Superintendent, be dealt with as provided in clauses [(i) to (iv)] [Substituted by G. N. of 18.6.1970.] of rule 36 and the punishment imposed on the settler concerned, if the Superintendent after making the necessary inquiry is satisfied that the settler did not exercise proper supervision over his dependents or that the settler was accessory to the breach.Explanation. - For the purposes of this rule, dependents means the wife of the settler and his children under 16 years of age.
