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State of Madhya Pradesh - Section

Section 32 in The M.P. Borstal Rules, 1960

32. Repeal.

- The Central Provinces and Berar Rules for the Control and Management of Borstal Institutions in their application to Mahakoshal region are hereby repealed :Provided that any order made or thing done or action taken under the rules so repealed shall be deemed to have been made, done or taken under the corresponding provisions of these rules.FormLicence for the discharge of inmates of a Borstal Institution under Section 14 of the Madhya Pradesh Borstal Act, 1928.Whereas............. is at present detained in the........... Borstal Institution, under a warrant signed by................and dated.........;And Whereas the said ..................... has conducted himself to the satisfaction of the Superintendent and whereas................being a trustworthy and respectable person/secular institution/religious society is willing to receive and take charge of the said................;Now, therefore, these presents witness that the said..............is hereby licensed to live under the charge of............ from this date, subject to the conditions stated on the reverse thereof, will be released on........................Dated (Signed).................Superintendent of.............Borstal Institution.ConditionsThe following are the conditions on which inmates are licensed from the Borstal Institution :
(i)The inmate must not be employed on any work which is contrary to his religion.
(ii)The guardian shall arrange for the lodging, clothing and maintenance of the inmate or shall pay such sum as shall be sufficient for the inmate's food, clothing and house rent if he is required to hire a place for his lodging at the wish of the guardian.
(iii)The licence shall be in force for the unexpired portion of the inmate's sentence, but may be determined at any time by the following :
(a)Unsatisfactory work or conduct on the part of the inmate.
(b)The death of the guardian or the closing up of his business.
(c)The winding up of the society or institution to which the inmate is licensed.
(d)The request of the inmate or the guardian.
(iv)The licence shall be cancelled by the Visiting Committee on the recommendation of the Inspector General of Prisons, if the guardian has ill-treated the inmate or inadequately provided for his lodging and maintenance, or for other adequate reason.
(v)The guardian shall not be responsible for the safe custody of the inmate, but it is expected that he will exercise every effort to make the inmate happy and comfortable so that the latter will not desire to leave his protection. For this reason it is desirable that lodging, etc., should be provided if possible on the guardian's own premises.
(vi)The guardian will give for the work done by the inmate an adequate wage approximating the market rate, allowing for the inferiority at first of the inmate's untrained labour, [or such sum as may be fixed by the Inspector General of Prisons, from time to time exclusive of the cost of his clothing and maintenance] [Substituted by Notification No. 2224-1462-(62)-III-Jail, published in Madhya Pradesh Rajpatra Part IV(Ga) dated 18-10-1963.].
(vii)Any wages which the inmate receives over and above the amount required to cover the cost of his clothing and [maintenance of such sum as has been fixed by the Inspector General of Prisons under condition No. (vi) of the licence] [Substituted by Notification No. 2224-1462-(62)-III-Jail, published in Madhya Pradesh Rajpatra Part IV(Ga) dated 18-10-1963.] shall be remitted to the Superintendent of Borstal Institution every month. The amount shall be credited to the inmate's account and the total amount shall be remitted to the inmate on the expiration of his period of detention. The Superintendent is empowered to give to the inmate monthly such pocket money as he may consider sufficient from the wages received.
(viii)If any inmate escapes from the charge of a guardian, the latter shall give immediate information in writing to the District Magistrate, the District Superintendent of Police and the Superintendent of Borstal Institution.
(ix)Any inmate who escapes from the charge of his guardian may be arrested by any police officer without a warrant.