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State of Tamilnadu- Act

The Tamil Nadu Borstal Schools Rules, 1938

TAMILNADU
India

The Tamil Nadu Borstal Schools Rules, 1938

Rule THE-TAMIL-NADU-BORSTAL-SCHOOLS-RULES-1938 of 1938

Published on 23 May 1939
Commenced on 23 May 1939
[This is the version of this document from 23 May 1939.]
[Note: The original publication document is not available and this content could not be verified.]

The Tamil Nadu Borstal Schools Rules, 1938Published vide Notification G.O. Ms. No. 4098, Home, Fort St. George, August, 25, 1938In exercise of the powers conferred by section 4 of the Tamil Nadu Borstal Schools Act, 1925 (Tamil Nadu Act V of 1926), the Government of Madras are hereby pleased to make the following rules:-

1.

In these rules, unless there is anything repugnant in the subject or context,-

(a)"the Act" means the Tamil Nadu Borstal Schools Act, 1925 (Tamil Nadu Act V of 1926);

(b)"Inspector-General" means the Inspector-General of Prisons, [Chennai] [Substituted for the words 'Madras' by the Tamil Nadu Act 28 of 1996.]; and

(c)"Superintendent" means the Superintendent of the School concerned.

1A. [ [Inserted by C.O.Ms. No. 3073, Home, dated 5-11-1958.]

These Rules shall extend to the whole of the [State of Tamil Nadu] including the Kanyakumari District and Shengottah Taluk of Tirunelveli District).]Medical Examination of Inmates

2.

The Superintendent shall conduct the psychological examination of every inmate and record his findings in the Borstal Individual Record, Jail II Form No. 25-A.

3.

The Medical Officer shall, as soon as possible after admission and thereafter at intervals of not more than one month, subject every inmate of the school to a detailed medical examination and record his findings in such form as may be directed by the Inspector-General, from time to time, and shall without delay bring to the notice of the Superintendent any matter of importance affecting the health of the hamate for such action as may seem called for.

4.

The Superintendent shall without delay report to the Inspector-General of Prisons the case of any inmate who in the opinion of the Medical Officer is unfit for Borstal training.Classification and Treatment of Inmates

5.

Each school shall be divided into houses, each of which shall contain approximately the same number of inmates, care being taken to ensure that neither the best nor the worst inmates are concentrated in one house. Each house shall have a house-master who shall be selected by the Superintendent from the teachers and instructors of the school. A petty officer shall be appointed to assist each house-masters.

6.

The house-master and his assistant shall be responsible to the Superintendent for-

(a)the tone and general behaviour of their house;

(b)the training of each inmate therein;

(c)the cleanliness of the wards, rooms, clothing and bedding and their being kept in good order and repair, and

(d)the proper distribution of food among lire inmates.

7.

Each house shall be divided into groups, care being taken to ensure that neither the best not the worst inmates are concentrated in one group. Each group will be under a monitor who has been selected by the house-master from the ranks of each group and may wear a distinguishing mark.

8.

The Superintendent shall select from the monitors a head-monitor for each house. The head-monitor shall be in addition to the group monitors and shall wear a special badge on the left breast.

9.

The inmates will be divided into four grades, namely:-

(1)The Penal grade;

(2)The Ordinary grade;

(3)The Star grade; and

(4)The Special Star grade.The Superintendent shall with the approval of the Inspector-General frame a scale of privileges and responsibilities for each grade.

10.

Every inmate shall remain in the Ordinary grade in which he is placed on reception in the school, for at least three months. He shall, during that period, be employed on domestic service, gardening or farming,be carefully observed by the staff with special reference to his character, mental disposition and fitness for a special training and subject to good behaviour, be permitted to take part in games on Saturdays.Note. - This rule does not apply to inmates received from a Senior Certified School, except those transferred in the interest of description under section 36(2)(e) of the [Tamil Nadu Children Act, 1926] [This Act was repealed.]. They shall be placed in tire Star grade and in the grade in which they were trained in the Senior Certified School, unless the Superintendent for good reasons, decides otherwise.

11.

Promotions to the Star grade shall be made by selection by the Superintendent. An inmate so promoted being placed in a grade suitable to his individual taste and capacity. While in this grade, an inmate shall be permitted by exemplary conduct to earn badge money of [(Re. 1 (Rupee one only) per month)] [Substituted by G.O. Ms. No. 632, Home, dated 16-4-1975.].

12.

An inmate in the Star grade may be promoted to the Special Star grade if the Superintendent is satisfied after close observation of the inmate's general demeanour and efficiency that he may be safely placed in a position of special trust.Inmates in the Special Star grade shall wear a distinctive dress, may act as monitors, and may be placed in authority over other inmates on parade, perform sentry duties at night and other duties in which they can assist the administration. They may sleep in association wards and by exemplary conduct earn badge money of [(Re. 1.50 (Rupee one and paise fifty only) per head per month)] [Substituted by G.O. Ms. No. 632, Home, dated 16-4-1975.].Notes to Rules 11 & 12 above. - (1) Inmates promoted from the lower to a higher grade - shall be permitted to earn the extra badge money from the first of the month following the date of promotion.

(2)Badge money shall not be given to an inmate for the month in which his conduct does not continue to be exemplary.

(3)Inmates discharged in the ordinary course or on bail or whose sentences are suspended before the 16th of a month, shall not be entitled to badge money for that month, but if they are discharged in the ordinary course, or on bail or if their sentences are suspended on or after 16th of the month, they shall be given half the badge money of the respective grades for that month.

(4)[ An inmate who is in transit from one school to another, at Court, on leave, or in a hospital (whether it be the school hospital or one outside the school) shall be granted the badge money of his grade on the scale earned by him during the previous month.] [This Note was substituted by G.O.Ms. No. 3S6, Home, dated 17-2-1943.]

13.

All badge money may be spent on objects approved by the Superintendent or be invested in the local savings bank.

13A. [ [Rule 13A was inserted by GO.Ms. No. 6162, Home, dated 22-12-1938.]

If an inmate dies before the expiry of the period of his detention, his earning in the school shall lapse to the [State Government].]

14.

The Superintendent shall to such extent as he considers suitable, permit inmates in the Star and Special Star grades, to take part in games, to go out to scout camps and to compete in district athletic sports and tournaments. Inmates in the Star and the Special Star grade shall be taken on route marches once in a month.

14A. [ [Rule 14-A was inserted by G.O.Ms. No. 157, Home, dated 16-1-1953.]

The Superintendent may, at his discretion and subject to such condition and restrictions as he may deem fit to impose, permit inmates in the Star and Special Star grades to attend outside services in churches, poojas in temples and worship in mosques of their own religion in convenient e batches in charge of Petty Officers.]

15.

An inmate placed in the Penal grade shall be employed on hard and laborious work.

16.

The Superintendent may reduce for such period as he considers necessary, any inmate by one or more grades for misconduct or for exercising a bad influence in the school; but no inmate shall be placed in the Penal grade for a period of more than three months without the specific sanction of the Inspector-General. The Superintendent may restore the inmate to his original grade, by stages, if necessary. The Superintendent g shall, enter in his journal, particulars of every case of reduction of grade ordered by him, the reasons for such order and the period for which the reduction is to be in force.Leave of Absence

17.

The Superintendent may, at his discretion and subject to such ; conditions as he may deem proper, grant leave of absence to any inmate in : the Star or Special Star grade for a period not exceeding ten days at any time, if he is satisfied that the inmate will return at the end of the leave, to visit parents or relatives if the behaviour of the inmate justifies such a privilege; and in special cases to visit a parent or relative who is a dangerously ill.Such period of leave of absence shall be treated as 'Release on parole'.

17A. [ [Rule 17-A was inserted by G.O.Ms. No. 1341, Home, dated 2-5-1960.]

The Superintendent may, at, his discretion and subject to such conditions as he may deem proper, permit such of the boys of the Borstal School as have to play the band outside the school premises to stay put of the school premises for a specified duration of time not exceeding six hours.]

18.

The Superintendent may, at any time, cancel the leave and recall the inmate without assigning any reasons, and shall recall the inmate if he is satisfied that an epidemic is prevalent in or near the place of residence of the inmate, or if in his opinion, the conditions subject to which the leave was granted are in any way infringed.If an inmate fails to return by the due date, the services of the police may be requisitioned to bring him back.

19.

Every case of overstay of leave shall be reported to the Inspector-General.Daily Routine

20.

All inmates, provided they are medically fit, shall be required to engage in drill, study and labour for eight hours every working day. The following daily routine shall be observed in the school:-

5.30 a.m.	Unlocking
5.45 a.m.	Morning prayer, visit to latrine and ablutions
6 to 7 a.m.	Parade and Physical Training
7 to 7.30 a.m.	Morning Meal
7.30 to 11 a.m.	Workshops, Schools, Agricultural Training, etc.
11 a.m. to 12.30 p.m.	Midday meal, prayer and rest
12.30 to 4 p.m.	Workshops, School and Agricultural Training, etc.
4 to 5 p.m.	Recreation and games
5 to 5.30 p.m.	Bath
5.30 to 6 p.m.	Meals
6 to 7 p.m.	Lock-up

From 16th March to 15th June, inclusive, the recreation and games period shall start at such times between 4.30 p.m. and 5 p.m. as the Superintendent may determine, and the Superintendent may modify the latter part of the daily routine to such extent as he considers necessary.Literary Education

21.

[Literary instruction shall be given to the inmates and such instructions shall be limited ordinarily to the elements of reading, writing and arithmetic.] [Substituted by G.O.Ms. No. 1917, Home, dated 14-7-1958.] An inmate shall attend school from the days of his admission and for two hours daily. Every inmate shall be examined by the teacher at the end of every six months and the marks obtained and position in class recorded in the Borstal individual record:Provided that an inmate studying in the VIII Standard and appearing for the Elementary School Leaving Certificate Examination shall attend School for five hours daily, from the date of his promotion to the VIII Standard.] [Proviso mas added by G.O. Ms. No. 1391, Home, dated 18-4-1952.][The Inspector-General of Prisons may grant permission to inmates of all grades who wish to appear for any Government Examination and for their removal in civilian clothes to the examination centre for writing the examination under the police escort, arranged by the local Superintendent of Police on a requisitions made by the Superintendent of the Borstal School.] [Inserted by G.O.Ms. No. 85, Home, dated 11-10-1972.] [The Police escort accompanying the inmates of the Borstal School to the examination centre, shall be in mufti] [Inserted by G.O.Ms. No. 161, Home, dated 23-1-1980.]. The cost of books, examination fees and other connected expenditure shall be borne by Government irrespective of their grades in the Borstal School.

22.

Intelligent inmates who have satisfactorily completed the Borstal Standard of Education or have studied in the middle or high school classes before admission may be given facilities to improve their education with the assistance of the staff available.

23.

The District Educational Officer and his assistants shall inspect the school annually and a report of the examination of the classes shall be submitted to the Inspector-General through the Superintendent. A certificate in [the form in Appendix IV] [Substituted by G.O.Ms. No. 4138, Home, dated 31-7-1939.] shall be given to every inmate discharged from the school to assist him to find suitable employment.

24.

Monitors who, in the opinion of the Superintendent, are sufficiently educated for the purpose may be employed in the classes to assist the teachers.

25.

When an inmate fails to profit by instruction, the Superintendent may exempt such inmate from attending the class and his time shall be suitably utilized in other work.

26. [ [Substituted by G.O.Ms. No. 3848, Home, dated 17-7-1939.]

Every school shall be provided with the library of books and periodicals in English and language of the [State of Tamil Nadu] approved by the Inspector General of prison for the use of the inmates].Vocational Training

27.

Inmates shall not be allowed to change their work except for very special reason. Any transfer from one form of training to another must be approved by the Superintendent, save in the case of unskilled labouring parties where transfers may be effected by the Deputy Superintendent.

28.

In the workshops, work shall, normally, be done on orders received, but when these are insufficient or do not provide sufficient variety for training, the Superintendent shall utilize the amount allowed for expenditure on instructional purposes on the purchase of materials, e.g., country wood, extra yarn, metal bars and sheets.

29.

Each inmate shall, for five hours daily, be given vocational instruction, which shall include at least two hours a week instruction in the theory of the subject:[Provided that an inmate studying in the VIII Standard and appearing for the Elementary School Leaving Certificate Examination shall be given vocational instruction for two hours daily from the date of his promotion to tire VIII Standard.] [Added by G.O.Ms. No. 1391, Home, dated 11-1-1972.]

30.

Each teacher and instructor shall enter in the Borstal individual record once in six months the progress of each inmate in his charge by the award of marks.

31.

The restriction imposed by rule 264(2) of the [Part 1 of the Madras Prison and Reformatory Manual, Volume II] [Substituted by G.O. Ms. No. 2853, Home, dated 23-5-1939.], shall not apply to boys detained for extra moral work.Ambulance, First Aid and Scouting

32.

One hour a week out of the periods allotted for literary education, and one hour a week out of the periods allotted for vocational training, may be given to training in Ambulance, First Aid and Scouting. Instruction in these matters may also be given on Sundays.

33.

The Superintendent should select from the teachers and instructors, suitable individuals to undergo a course of training in scout-craft so as to enable them to train and lead the inmates efficiently. The persons so selected shall be provided with scout uniforms at Government cost.

34.

Inmates permitted to take part in camps, scout activities, district sports, etc., outside the school, may be granted leave not exceeding ten days a year for the purpose.Annual Sports and Prize Distribution

35.

The Superintendent shall arrange for holding annual sports and for a public distribution of prizes.Religious and Moral Instructors

36.

(1)Religious and moral lectures to inmates shall be allowed on condition that no proselytizing is carried on under the clock of religious and moral instruction and that the instructors confine their attention to the inmates of their own faith.

(2)The selection of instructors shall be made by the Inspector-General of Prisons in consultation with the District Magistrate or the Commissioner of Police in the presidency town.

(3)The Superintendent shall endevour to secure the services of honorary instructors and in their absence the senior members of the school staff, preferably the teachers, shall be deputed to import religious and moral instruction to the inmates of their own faith at least once a week.

(4)Any instructor who, for any reason, finds himself unable to attend the school for a period of 3 months or more shall report the reasons for his inability in advance to the Inspector-General of Prisons through the Superintendent of the School, in order that a substitute may, if necessary, be appointed in his place. Any instructor who absents himself from the school for a period of 3 months or more without reporting the circumstances of his absence, shall be deemed to have vacated his office and his name shall be removed from the list of instructors.

(5)[ The Inspector-General of Prisons may remove from the list the name of any instructor without assigning any reason.] [Substituted by G.O.Ms. No. 3973, Home, dated 27-9-1940.]

37.

Sundays, Christmas day, Good Friday [Mahatma Gandhi's Birth day] [Substituted by G.O.Ms. No. 1099, Home, dated 19-3-1949.], Pongal, Dipavali, [x x x] [Omitted by G.O. Ms. No. 2258, Home, dated 5-6-1949.], Ramzan, [Independence day] [Substituted by G.O.Ms. No. 2088, Home, dated 6-5-1950.], Tamil New Year's day, Telugu New Year's day, Ayudha Puja, Mahasivarathiri, Bakrid and the [Republic of India] [Substituted by G.O.Ms. No. 2088, Home, dated 6-5-1950.] shall be regarded as general holidays for the school [x x x] [Omitted by G.O. Ms. No. 2258, Home, dated 5-6-1949.], No work shall be extracted on these holidays from the inmates [x x x] [Omitted by G.O. Ms. No. 2258, Home, dated 5-6-1949.] except such work as may be necessary for the internal management and domestic economy of the school or as may be required by an emergence.[Diatery] [Substituted by G.O.Ms. No. 2632, Home, dated 17-8-1963.]

38.

All inmates shall have diet in accordance with the following scale and instructions.Scale of Diet

(i)For inmates whose main diet is bread-

Name of articlesof diet	Per diem
(1)	(2)
Rice	285 grams
White bread	340 grams
Dhall	55 grams
Groundnut	55 grams
Mutton	50 grams
Onions	15 grams
Jaggery	15 grams
Sugar	30 grams
Tamarind	15 grams
Curry Powder	10 grams
Salt	30 grams
Green leafy and other Vegetables	170 grams
Potatoes	55 grams
Gingelly oil	15 grams
Butter	20 grams
Milk	120 milli-litres
Lime	Half
Tea	10 grams
Millet	170 grams

(ii)For other inmates-Vegetarian and non-Vegetarian-

Name of articles of diet	Per diem
	Vegetarian	Non-Vegetarian
Rice	200 grams	200 grams
Wheat	30 grams	30 grams
Cumbu, Cholam or ragi	170 grams	170 grams
Thoor dhall plus green gram dhall	85 grams	85 grams
Groundnut	55 grams	55 grams
Mutton	...	50 grams
Onion	15 grams	15 grams
Jaggery	30 grams	30 grams
Tamarind	15 grams	15 grams
Curry Powder	10 grams	10 grams
Salt	30 grams	30 grams
Vegetables	225 grams	225 grams
Garlic	1 gram	1 gram
Gingelly Oil	20 grams	20 grams
Ghee (two days in a week)	15 grams	15 grams
Milk (as such or butter milk)	160 millilitres	80 millilitres
Lime	Half	Half
Bengal gram (In place of groundnuts in alternative days).	55 grams	55 grams

II. Distribution of dietFor those whose main diet is bread

Morning meal	Millet	115 grams
Midday Meal	Bread	170 grams
Evening Meal	Millet	55 grams
	Bread	170 grams

For vegetarians and non-vegetarians

Morning meal	Ragi, Cumbu and Cholam	115 grams
Midday Meal	Rice	145 grams
Evening Meal	Rice	85 grams
	Millet	55 grams

Clothing and Bedding

39. [ [Substituted by G.O.Ms. No. 2632, Home, dated 17-8-1963.]

The clothing and bedding of inmates shall be on the following scale:-]Penal Grade

Articles		Period of removal
Blue Caps	2
Blue Shins	3
Blue Shorts	3
Blue Belts	2	One year
Lungoties	2
Towels	2
Cotton Banians	2
Handkerchiefs	2
Ordinary Cumbly	1	Two years
Cotton Dhurry	1	Two years and ahalf
Comb	1	Issued at tire time of admission
Ordinary Grade
White Caps	2
White Shirts	3
Blue Shorts	3
Blue Belts	2	One year
White Lungoties	2
White Towels	2
Cotton Banians	2
Handkerchiefs	2
Ordinary Cumbly	1	Two years
Cotton Dhurry	1	Two years and a half
Comb	1	Issued at the time of admission
Star Grade
Same as ordinary grade with brass star affixed on left breastof jacket
Special Star Grade
White Caps	2
White Shirts with brass on left breast	3
White Shorts	3
White Belts	2
White Lungotties	2
White Towels	2
Cotton Banians	2
Handkerchiefs	2	One year
Ordinary Cumbly	1	Two years
Cotton Dhurry	1	Two years and half
Comb	1	Issued at the time of admission
European and Anglo-Indian Inmates
White Shirts	3
Blue Shorts	3
Blue Belts	2
Banians, Cotton	2
Socks, Cotton	2 pairs	One year
Shoes, Black	2 pairs
Handkerchiefs	2
Khaki Sunhat, Pith	2
Towels	2
Pillow	1	Three years
Pillow Cases	2	One year
Cumbly Blanket	1	Two years
Cotton Dhurry	1	Two years and half
Comb	1	Issued at the time of admissior

Note. - (1) The material of the suits shall be of convict cloth woven without stripes. The same cloth shall be dyed blue at the Central Jail, Coimbatore and used wherever necessary. The quantity of cloth of penal suits, ordinary, star and special star inmates shall be not more than [3.20 metres] [Substituted by G.O.Ms. No. 54, Home, dated 4-1-1961.] and the suits Muhammadan inmates will be made [3.66 metres] [Substituted by G.O.Ms. No. 54, Home, dated 4-1-1961.] each.

(2)A second Cumbly may be issued during winter or cold months, if considered necessary and withdrawn when not required.

(3)The buckle used on the belt shall be renewed once in two years.

(4)Spoons may be supplied to European or Anglo Indian inmates if they ask for them.

40.

An intimate, on arrival, shall be provided with two suits, one new and another part-worn, if available. No article of clothing which has been worn by one inmate shall be issued to another unless it has been washed and disinfected. Articles of clothing shall have stamped on them in indelible ink, date of first issued, date of return, if returned before expiry of period of wear, and date of re-issue.In addition to the above, each inmate on arrival will be provided with a sports dress (coloured) which may be either new or part-worn. The period of wear of such suit is two years. The quantity of cloth that is necessary for this suit is [3.20 metres] [Substituted by G.O.Ms. No. 54, Home, dated 4-1-1961.].

41.

Inmates in the band class passed as classified to perform in the school band shall be provided with the following uniform. The cost of the each suit shall not exceed Rs. 50

Uniform for Band Boys
White Dull Coat and Cap Gloves	1 pair	Two sets once in two years
Green Trousers and bell	1	Two sets once in two years
Gainters-Canvas	1 pair and Belt	Two sets once in two year
For Small departmental buttons
Nine big departmental buttons
One pair of shoulder badges
One brass buckle for belt
One pair of black ammunition boots
Two pair of socks

42. [ [Substituted by G.O.Ms. No. 461, Home, dated 16-2-1972.]

The following shall be the uniform of the scouts. The clothing shall be worn by the scouts while they take part in scout activities. The cost of uniform shall not exceed Rs. 55 (Rupees fifty-five only) per inmate.]

S. No.	Name of article	Number	Minimum period of wear and tear
(1)	(2)	(3)	(4)
1.	One twill khaki shirt	2	2 years
2.	One pair twill khaki shorts	2	Do
3.	Scarf	1	5 years
4.	Weggle (Leather Knot for scarf)	1	Do
5.	Shoulder knot	1	Do
6.	Web belt	1	Do
7.	Baret (cap)	1	Do
8.	Canvas Shoes	1 pair	2 years
9.	Stockings	1 pair	Do
10.	Garters for stockings	1 pair	Do

Commitment

43. [ [Substituted by G.O. Ms. No. 759, Home, dated 23-3-1954.]

All adolescent offenders committed to a Borstal School shall be sent to the Borstal School, Palayankottai in irrespective of their languages.]

44. [ [Substituted by G.O. Ms. No. 31, Home, dated 3-1-1952.]

All committing magistrates shall furnish the Superintendent of the School as early as possible with a copy of the judgment and a copy of the report of the Probation Officer, which shall be in Form in Appendix I.]

45.

An order committing an adolescent offender to a Borstal School under section 8 of the Act shall be in the Form in Appendix III.

45A. [ [Inserted by G.O. Ms. No. 3132, Home, dated 14-11-1958.]

No adolescent offender whose sentence of death has been commuted to imprisonment or imprisonment for life shall be transferred to Borstal School by the Inspector, General of Prisons under section 10 of the Tamil Nadu Borstal Schools Act, unless the order of commutation of sentence on each case specifically permits him to consider the question of such transfer.]

46. Visiting Committee.

- The rules in Chapter III of the Part I of the Madras Prison and Reformation Manual, Volume II substituted by G. O. Ms. No. 2853, dated 23.5.1939 shall not apply to Borstal Schools, with the exception of rules 21, 29,30 and 31.

47.

The District Magistrate shall be the Chairman of the Visiting Committee appointed under sub-section (2) of section 3.

48.

In the absence of the Chairman, the members present at the meeting shall elect one from among themselves to be the Chairman of the meeting.

49.

The Superintendent shall bring to the notice of the Inspector-General, the failure of any member to attend three consecutive meetings. Such member, if he is a non-official, may be removed from office.

50.

Three members shall form a quorum. It shall be the duty of the members of the Visiting Committee to visit the school in rotation once a week. The Chairman shall arrange the roster for the week. The Chairman shall arrange the roster for the weekly visits to the school so as to give each visitor his turn and shall send by post card an intimation to the member whose turn it is to visit the school in the ensuing week. There shall not be a fixed day of the week for those visits, but the visitor shall be free to visit the school on any day that suits him and at any time between unlocking and lock-up.There shall also be a quarterly meeting of the Visiting Committee on the last Saturday of the quarter or at such other time as the Chairman may determine.At the meeting, it shall carry out the duties referred to in section 19-B(b) to (e) of Act and in particular shall (a) examine the punishment book, medical register, the admission and disposal registers, and after-care reports, (b) interview new admissions since last meeting (c) hear any representations that inmates may desire to make. The Chairman may convene special meetings, in addition to the quarterly meetings, on such dates as he may determine.

51.

At least two clear days previous to the date of meeting a notice thereof together with an abstract of any special matters to be considered shall be furnished to the members by the Chairman of the Committee.

52.

The minutes of each meeting shall be prepared by the Chairman and sent to the Superintendent who will forward them with his remarks to the Inspector-General.

53.

The Superintendent shall give effect to the resolutions of the Committee and intimate to the Inspector General the fact of his having done so:Provided that if in the opinion of the Superintendent it would be inconsistent with the Act or these rules, or inexpedient, to give effect to any such resolution, he shall submit the same for the orders of the Inspector-General and intimate to the Chairman, the fact of his having done so.

54.

The Superintendent may decline to furnish any information required or to produce any record, the examination of which is sought by any member of a Visiting Committee, if, for reasons to be recorded in writing, the Superintendent considers that it will be undesirable to furnish such information or produce such record.

55.

The Superintendent shall bring to the notice of the Visiting , Committee-

(1)the cases of all inmates who, having undergone not less than six months of detention, are in the opinion of the Superintendent, fit for release on licence;

(2)all cases which fall within the scope of section 14 of the Tamil Nadu Borstal School Act, and

(3)the case of all inmates who owing to mental deficiency, are unfit for Borstal training.The Superintendent shall advise the Committee on the merits of each : case.Notwithstanding anything contained in this rule, the Superintendent t shall have discretion not to bring to the notice of the Committee, any case in which a report or recommendation of the Committee is not required by the provisions of the Act if the matter is so urgent that it cannot wait for consideration by the Committee or, if for any other reason, the Superintendent considers that such case should not be referred to the Committee

56.

[In the case of inmates whom the Superintendent proposes to recommend for release on licence under sub-section (1) of section 15 of the Act, he shall, not less than six weeks before each meeting of the Committee, forward to the District Probation Officers of the districts in the mufassa or to the Chief Probation Superintendent in the city of [Chennai] [Substituted by G. O. Ms. No. 31, Home, dated 3.1.1952.], the names of such inmates, the particulars of the vocational training undergone by [them and the kinds of work suitable for them, to enable them, to make necessary enquiries and shall place the information obtained from the District Probation Officers or the Chief Probation Superintendent before the Visiting Committee.]The cases recommended by the Visiting Committee shall be submitted for orders to the Inspector-General.Note. - [x x x] [Omitted by G. O. Ms. No. 31, Home dated 3.1.1952 and Note (ii) and (iii) were re-numbered as (i) and (ii).].

(i)After the inmate is released on licence,the Borstal Association will provide the necessary grant required in each case according to circumstances.

(ii)In the cases of inmates belonging to other [x x x] [Omitted by G.O. Ms. No. 707 Home, dated 22.2.1952.].

States, the Inspector-General shall be addressed for the appointment of probation officers after the question of their release on licence is considered by the [Visiting Committee.] [Inserted by G. O. Ms. No. 4486, Home, dated 8.11.1940.]

56A. [ [Substituted by G. O. Ms. No. 5038, Home, dated 5.2.1941.]

(i)In the case of an inmate due for release on the expiry of the term of detention, the Superintendent shall (six months before the anticipated date of release)6 send informations as to the name of the inmate, the particulars of the vocational training undergone by him and the kind of work [suitable for him to the Chief Probation Superintendent, Madras. The Chief Probation Superintendent shall then direct the Probation Officer concerned to look after the inmate and shall intimate the Probation Officer's name and address to the Superintendent of the School so as to reach him at least a week before the date of release of the inmate. The inmate, on release, shall be furnished with a letter to the probation officer with directions to go to him for help and guidance [when the reaches his native place.]

(2)Every inmate discharged on the expiry of his term of detention shall, for a period of two years from the date of such discharge be under the supervision of the Probation Officer aforesaid. The Probation Officer shall visit and receive visits from the ex-inmate at reasonable intervals, advise, assist and befriend him, see that he makes a good use of the training given to him in the school and when necessary, endeavour to find him a suitable employment. He shall during two years, report at the end of every quarter about the progress and behaviour of the ex-inmate to the Superintendent of the School from which he was released and to the Chief Probation Superintendent.

(3)The probation Officer shall send monthly reports to the Superintendent of the School and the Chief Probation Superintendent about inmates released on licence till the period of licence is over and thereafter quarterly reports for two years as in the case of inmates discharged after their full term of detention.]

56B.

In the case if inmates recommended for discharges under section 21A of the Act, the Superintendent shall, so far as is necessary and practicable in each case follow the procedure laid down in Rule 56-A. When an inmates, is recommended for discharge on medical grounds [due intimation shall be given to the probation [officer concerned.] [Substituted by G. O. Ms. No. 31, Home dated 3.1.1952.]

57.

The inmate to be discharged under sub-section (1) of section 15, shall execute a bond in the form appended (Appendix II)

58.

If at any time during the period of licence, a probation officer under whose care an inmate is placed, is of opinion that the inmate has not made any efforts to show progress in his work or finds that his conduct is not satisfactory, he shall immediately report the matter [x x x] [Omitted by G. O. Ms. No. 31, Home 3.1.1952.] to the Inspector-General.

59.

An intimate may receive a visit on reception and subsequently [twice a [month] [Substituted by G. O. Ms. No. 34S2, Home, 1.11.1960.] from his parents, relatives or friends. Special visits may also be allowed by the Superintendent at his discretion. Every facility shall be given to accredited legal advisers for interview in connection with any appeal against the order of detention. It is within the discretion of the Superintendent to determine the length of the visit and whether the visits should be in the presence of an officer not below the rank of an Assistant Superintendent.An inmate may write to any member of his family on reception and subsequently once a month to any one approved by the Superintendent at Government cost. An inmate may receive such letters as are addressed to him, but the Superintendent may, at his discretion allow such inmates to write at their own cost and to receive letters at more frequent intervals. Letters incoming and outgoing shall be censored by the Superintendent or by such officers as may be deputed by the Superintendent for the purpose.If their address is known, parents, or if it is not possible to communicate with parents, the nearest relation whose address is known shall receive notice of the serious illness of inmates, and the Superintendent shall answer any inquiries made by them, provided that postage stamps for the reply are enclosed.

60. Reports by Superintendents.

- The Superintendent shall submit to the Inspector-General every year in such form as the latter may, from time to time direct-not later than the 15th February, a report on the administration of the school in the preceding calendar year, and not later than the 31st March, a report on the aftercare of inmate discharged in the preceding calendar year.Appendix I[See rule 44]Report of Preliminary InvestigationsIn the Court of the......................Magistrate

(Place)

(District)C.C.No. 19

Offence(Police Station) Crime No. 19Rex.Name of offender.*....................... son of.......... Address ..............................Age and date (or year) of birth. [(Sex, Nationality, Religion and Community)] [Substituted by G. O. Ms. No. 866, Home, dated 2.8.1962.] ......................In Block lettersPersonal historyChildhood (facts about infancy)Behaviour and habits (normal, recreational, etc.)Temperament (outstanding character and personality traite).Physical and mental history and present conditionExternal influencesSchool record and report of teachers if available .Employment history .............Present occupation and wages (give also conditions of labour, leisure, etc.) ....................Report of employer, if any.Associates..Contact with social and religious organizations, if any ...............Hone conditions ...................Family history ....................Father ....................Mother ....................Step-father ...............Step-mother.......Brothers....................Sisters.....................Wife.....................Children....................Other interested relations, if any......................Attitude of family towards offender and extent of its influence on offender,...Report of neighbours.............................Home surroundings and general outlook.........................Legal historyPrevious institutional record, if any,Statement of the present offence and circumstances in which it was committed.Offender's own reaction to the offence and his attitude towards possible punishmentsSummary of investigations (give assets and liabilities)(Give assets and Liabilities)Remarks of the District Probation Officer including recommendation regarding probation......................Name and address of the District OfficerStation:............Date:District Probation OfficerNote. - Against "Community" say whether Scheduled Caste or Scheduled Tribe or Most Backward Class or convert to Christianity from Scheduled Castes - if so, whether he himself is a convert or not or other Backward class.]Appendix II[See rule 57]Bond Executed by an Inmate of a Borstal School Discharged on Licence under sub-section (1) of section 15 of the Tamil Nadu Borstal Schools Act, 1935, by the Inspector General of Prisons, ChennaiI.............Son of...........of the village of in the district of ............an inmate now detained by the Borstal School at......being informed that the Inspector General of Prisons, [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).], will discharge me from detention on my assenting to the conditions below, do hereby bind myself:

1. Immediately on discharge to proceed to and present myself to my employer/probation Officer.

2. to be under his case and directions until the residue of the period of my detention expires; and

(3)during tire aforesaid period-

(a)not to change my address without the consent of my probation officer,

(b)not to associate with persons of bad character.

(c)to lead a sober and industrious life to the satisfaction of my employer/ probation officer; and

(d)to be of good conduct.

I hereby agree to abide by the above conditions and if I knowingly violate any of them shall render myself liable to be sent back to the Borstal School....................................Signature of the InmateCertified that the forgoing conditions were read over to the inmate anil accepted by him in my presence.Witnesses:

1.

2.

......................................Signature of Superintendent.Appendix III[See rule 45]Form of Order under section 8 of Borstal Schools ActIn the court of the ....Case No....................ToThe Superintendent.................. Borstal SchoolWhereas aged accused in case No of was convinced on by Magistrate of of the offence of and after due enquiry. I am satisfied that it is expedient to send him to Borstal School, this is to authorize and require you the said Superintendent to receive the said into the Borstal School and there keep him for............ years/or/until he attains the age of 23 years.

1. The distance from his native place (...........................) to the nearest Railway Station is............

2. Details of property on inmate's person Descriptive note-

Name....................Father's name....................Sex, married or single...................Nationality, religion and [Community] [Substituted by G. O. Ms. No. 866, Home, dated 2nd March 1962.]....................Previous occupations if any,...................Age.....................Descriptive marks.....................Given under my hand and seal of this Court this...............SealSignedMagistrate or JudgeNote. - Against Community, say whether Scheduled Caste oi Scheduled Tribe, or most Backward class or convert to Christianity from Scheduled Caste - If so whether he himself is a convert or not or other Backward class.Appendix IV[See rule 23]Forms of Discharge CertificateI hereby certify that inmate No (Name) ..........................has been discharged from this Borstal School.Standard of Education..............Manual or other training received..............Superintendent's opinion as to character, industry and ability.School.............Date:..................SuperintendentAppendix VQuestionnaire for inspection of Borstal Schools.........Borstal SchoolDate of inspection:Date of last inspection:

Part I – General Administration

Q. 1. (1) What is the present population of the school?

(2)How many of the inmates were sentenced under section 8 of the Borstal Act and how man were transferred under section 10 of the Act?

(3)What are the numbers of inmates by ages?

(4)How many star and special star grade inmates are there?Q. 2. Was every inmate produced at the inspection?Q. 3. How many mental defectives are there in the school? Can they be dealt with suitably in the school, and, if not, what action is proposed?Q. 4. Were any applications or complaints received from inmates ? If so, note action taken.Q. 5. What is the actual existing accommodation of the school under the following heads:-DormitoriesSingle roomsFarm colonyQuarantine-InnerOuterHospitalSegregation shedQ. 6. If there is any over crowding, where are the excess inmates accommodated ?Q. 7. Is a copy of the Borstal Rules exhibited in a prominent place?Q. 8. (1) Is a punishment book maintained?

(2)Examine the book to see if punishments have been reasonable excessive, too lenient or illegal.

(3)Are you satisfied that the punishments awarded to inmates f school offences are generally sufficient to prevent repetition the same?Q. 9. Was there any escape of an inmate during the year? If so, state the circumstances and the action taken to punish the person or person responsible?Q. 10. (a) Are the buildings sufficient and in good repair? If not, in what respect are additions, alterations or repairs called for?

(b)Have original and repair works carried out by the P.W.D. or school during the year prior to inspection been executed satisfactorily and with due regard to economy ?

Q. 11. (a) Are all the ration supplies of the school, other than rationed articles and controlled commodities, obtained from the Cooperative Societies' Stores? If not, give the names of the articles which are obtained on conto system and also furnish in respect of such articles, the market rate at the tin of auction and the contract rates for the current year and the previous yea

(b)Are all articles, other than those obtained from Co-operation Societies or Stores, rationed article and controlled commodities, obtained! tender or auction system ? If not, state the exceptions with reasons. (Vic G.O.Ms. No. 3354, Home, dated the 15th September 1952.)

(c)Have all agreement bonds been executed by the Inspector-General of Prisons?

(d)Was the auction book produced?

(e)Are the stock book of rations and diet roll properly maintained ?

(f)Are the rations found in stock of good quality and is the food properly cooked?

(g)Is the dietary strictly in accordance with the rules? If not, in what respect does it differ?

(h)Are the issues of raw rations duly check-weighed at the kitchen and the oil added to the curry in the presence of a responsible officer?

(i)What is the daily issue of fuel per head?

(j)Is the whole supply of the vegetables obtained from the school, gardens? If not, give figures showing school garden produce and contractor's supplies during last calendar year.

(k)Is water-supply adequate and all suitable land brought under cultivation?

Q. 12. (a) Are clothing and bedding issued in strict accordance with the rules and are they in proper state of repair?

(b)Is the prescribed extra blanket issued during the cold months?

(c)Is the clothing and bedding register properly maintained?

Q. 13. Are the arrangements for custody of inmates' private property satisfactory and are all the articles entered in the Register found in the stores and vice versa?Q. 14. (1) Are the arrangements for custody of inmates' private property satisfactory ?

(2)Are the articles entered in the Register found in the stores, and vice versa. (Test some cases).Q. 15. Have the badge money and batta of discharged inmates been paid to them in presence of Superintendent?Q. 16. Have the following registers and books been properly maintained?

(1)Visitor's book.

(2)Superintendent's Journal.

(3)Superintendent's Order Book.

(4)Deputy Superintendent's Report Book.

(5)Register of inmates.

(6)Diary of inmates released.

(7)Borstal Individual Records.Q. 17. (1) Has the Committee of Visitors met regularly and have the visitors individually paid regular visits to the school?

(2)Has suitable action been taken on visitors' remarks where required or justifiable?Q. 18. Has the Superintendent complied with the provisions of the rule requiring him to carry out the resolutions of the Visiting Committee unless he considers it inexpedient, etc.?Q. 19. Has the Superintendent placed before the Visiting Committee all cases which he is required to bring to their notice under the rules and has his advice on these cases been sound?Q. 20. (a) Does the Superintendent make adequate use of his allotment for instructional purposes?

(b)Is the allotment sufficient?

(c)Does the Superintendent regularly examine and weigh articles on their receipt from the workshop and does he satisfy himself that the articles are correct and that they are factualry passed into the stores?

(d)Is the data book maintained up to date under Superintendent's initials?

(e)Is there any accumulation of stocks of raw materials in the stores? If so, state the nature and quantity of such materials and action taken to dispose of the same ?

(f)Is the standard of workmanship in particles manufactured satisfactory?

Q. 21 Are the instructors competent, the equipment satisfactory and the methods of instruction suitable and practical?Q. 22. Is the instruction in gardening and agriculture practical and thorough?Q. 23. Is the supervision of classes and working gangs adequate and is a reasonable task exacted from the inmates?Q. 24. (a) State numbers receiving training in each industry or vocation.

(b)Are there any inmates who for any reason are not receiving vocational instruction?

Q. 25. Are the stock books of raw materials and manufactured articles properly maintained and have drey been adequately checked by the Superintendent?Q. 26. Is there undue accumulation of stores of raw materials or manufactured articles?Q. 27. (a) Is the abolition of any form of training advisable?

(b)Is the introduction of any new form of training recommended?

Q. 28. (a) Are the literary classes properly arranged and the teaching efficient?

(b)Are any alterations in the teaching staff advisable?

(c)Is the school library sufficient and used by the inmates?

(d)Are any inmates not attending school? If so, why?

Q. 29. Are lectures on moral and religious subjects given regularly?Q. 30. Are games organized and all boys allowed to take part in them and were the school annual sports held during the year?Q. 31. How many boys have undergone Scout training during the year and is the movement considered to be working satisfactorily?Q. 32. Has the school been inspected by the Physical Training Director to Government? Was his last report satisfactory?Q. 33. Is the house system working satisfactorily? How many "Houses" are there?Q. 34. Does it appear that the House-masters, head monitors and monitors have been well chosen?Q. 35. Is the cottage system working satisfactorily? How many cottages are there?Q. 36. Were any camps held during the year? If so, give particulars?Q. 37. How many inmates were released on licence during the previous year? Have they been well reported on?Q. 38. Have Borstal Associations and the Discharged Prisoners Aid Society been of assistance to discharged inmates particularly in finding employment for them ?Q. 39. (a) What is the strength of petty officers?

(i)Permanent.

(ii)Temporary.

(b)How many are educated to III form and above?

(c)Who drills the petty officers and how often is it being done?

(d)Is the senior executive officer of the school capable of drilling the guard?

(e)Is the seniority list showing the name of each petty officer in strict order of seniority maintained in the school and kept thoroughly up to date?

(f)Are the staff lines in good order and are the quarters sufficient to accommodate the staff?

Q. 40. Are service books written up to date and the required certificate of verification duly recorded in them?Q. 41. (a) Is the conduct book properly maintained?

(b)Are the Superintendent's orders on breaches of discipline adequate and fair?

Q. 42. Are the confidential reports on subordinate officers thorough, and up to date and are the personal files properly maintained?Q. 43. Has the Superintendent shown proper discretion in dealing with mistakes or misconduct?Q. 44. Are there any of the staff whom for any reason it is desirable to transfer elsewhere?Q. 45. Was the last audit report satisfactory or otherwise?Q. 46. Is the Inspector-General satisfied that the work in the school office is up to date in every respect?Q. 47. Are the orders regarding the arrangement and periodical destruction of records observed?Q. 48. Is the stock book of civil stores and manufactory tools and plant properly maintained?Q. 49. Have the suggestions and recommendations made in the previous inspection note been carried out?Q. 50. Remarks by the Inspector-General on the school establishment or any branch of the school administration which calls for special remarks.Inspector-General of Prisons

Part II – Medical and Sanitation

Q. 1. (a) Is the hospital accommodation adequate and satisfactory?

(b)Is the drainage of the school in a satisfactory condition? If not, what are the defects?

(c)Are the lines in good repair and under careful sanitary control?

Q. 2. (a) From what source is the drinking water obtained and is it sufficient?

(b)Is it chlorinated and are field tests carried put regularly?

(c)When was the drinking water last examined bacteriologically at the King Institute?

(d)Are the drinking water wells protected from pollution, and, if so, how? How is the water raised from these wells?

(e)When were the wells from which the drinking or bathing water is obtained, last cleaned out? Give dates for each well?

Q. 3. (a) Is separate clothing issued to patients in hospital, according to approved sample?

(b)Is the clothing and bedding regularly aired?

(c)Are the inmates required to bathe regularly?

Q. 4. (a) Is the latrine accommodation sufficient?

(b)Are the day and night conservancy arrangements satisfactory?

(c)Is urine disposed of in the school garden or trenched separately?

Q. 5. (a) What is the present number of -

(i)Sick in hospital

(ii)Out-patients

(iii)Other inmates on special diet.

(b)Is there any prevalence of bowel disease? If so, state cause and action taken to control conditions?

(c)How many deaths have there been in the present calendar year and how many in last year?

(d)Specify causes of deaths in the present year?

(e)Were there any case of temporary removal of inmates for special treatment in Civil hospitals during the year ? If so, give number.

Q. 6. Are the inmates weighed fortnightly and have their weights been satisfactory during the present calendar year?Q. 7. Has the Borstal Medical Record of each inmate been properly maintained?Q. 8. What is your opinion as to the general health of the inmates?Q. 9. Remarks in respect of Ambulance and First-aid draining to inmates.Q. 10. General remarks.Inspector-General of Prisons.

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