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State of Madhya Pradesh - Act

The M.P. Bhiksha Vritti Nivaran Niyam, 1977

MADHYA PRADESH
India

The M.P. Bhiksha Vritti Nivaran Niyam, 1977

Rule THE-M-P-BHIKSHA-VRITTI-NIVARAN-NIYAM-1977 of 1977

Published on 18 March 1977
Commenced on 18 March 1977
[This is the version of this document from 18 March 1977.]
[Note: The original publication document is not available and this content could not be verified.]

The M.P. Bhiksha Vritti Nivaran Niyam, 1977Published vide Notification No. F-1-4-26-75, dated 18th March, 1977, Madhya Pradesh Gazette, Part 4 (Ga), dated 18-11-1977, page 337In exercise of the powers conferred by Section 36 of the Madhya Pradesh Bhiksha Vritti Nivaran Adhiniyam, 1973 (No. 3 of 1974), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said Section, namely :

1. Short title.

- These rules may be called The Madhya Pradesh Bhiksha Vritti Nivaran Niyam, 1977.

2. Definitions.

- In these rules unless the context required otherwise-

(a)"Act" means the Madhya Pradesh Bhiksha Vritti Nivaran Adhiniyam, 1973 (No. 3 of 1974);

(b)"Director" means the Director of Panchayats and Social Welfare, Madhya Pradesh;

(c)"Form" means a form appended to these rules;

(d)"Section" means a Section of the Act.

3. Manner of authorising a purpose under clause (a) (iv) of Section 2.

(1)A person desiring to solicit or receive money, food or gifts for any purpose shall make an application for an authorisation to the District Magistrate.

(2)The application shall contain the following particulars namely-

(a)Full name of the applicant;

(b)Age;

(c)Occupation;

(d)Address;

(e)The period, the purpose and the manner of collection of money, food or gifts;

(f)The method of disposal of the money, food or gifts when collected and the area within the disposal is to be made.

(3)The District Magistrate, after making such enquiry as he deems fit, issue an authorisation in Form A subject to such further conditions as he may think necessary to impose, having regard to the purpose for which the collection will be made.

(4)The holder of an authorisation shall carry the authorisation with him while soliciting or receiving money, food or gifts and shall on demand by a Police Officer, produce it for inspection.

(5)A breach of any of the conditions of the authorisation shall render the authorisation liable to cancellation.

(6)If the District Magistrate is of the opinion that the authorisation should not be issued to the applicant, he shall record his reasons therefor and as soon may be inform the applicant that authorisation is refused.

(7)On recommendation of the Director, the State Government may issue an authorisation to any person in respect of any place or area irrespective of such authorisation having been refused under sub-rule (6).

(8)Authorisation issued under sub-rule (7) shall be communicated to the District Magistrate, Chief Inspector and Superintendent concerned.

4. Persons authorised for purpose of sub-section (1) of Section 4.

- The Superintendent of a certified institution or receiving centre shall be the person authorised for purposes of sub-section (1) of Section 4.

5. The manner of keeping persons arrested under sub-section (3) of Section 4 and sub-section (3) of Section 9.

(1)Subject to the provisions of sub-rule (2), the Officer-in-charge of a Police Station shall cause a person arrested under Section 4 or Section 9, until he can be brought before a Court, to be kept in the nearest receiving centre or at the Police Station. Such person shall, while in custody at the Police Station as far as possible be kept apart from other person in custody therein.

(2)In pursuance of sub-rule (1) no person shall be kept with person or persons not of the same sex :Provided that nothing in this sub-rule shall apply to a child under twelve years of age.

6. The manner of making summary inquiry under sub-section (1) of Section 5.

- So far as may be, the procedure prescribed in the Code of Criminal Procedure, 1973 (No. 2 of 1974), for trial of summons cases and recording evidence therein, shall be followed in making an inquiry under sub-section (1) of Section 5.

7. Contribution of parent or other persons under sub-section (1) of Section 8.

(1)The Court making an order under sub-section (1) of Section 8 may direct the parent or other person liable to maintain the person detained in a certified institution to pay in the Court in advance in the beginning of each month such sum of money as the Court deems fit but not exceeding Rs. 50 per month, towards maintenance of such persons.

(2)All payments made under sub-rule (1) shall be credited by the Court into Government Treasury as Miscellaneous receipts to Government.

8. Clearing and Medical examination of persons remanded to or detained in a receiving Centre or certified institution.

(1)Every person remanded to or detained in a receiving centre or certified institution shall-

(a)submit to-

(i)preliminary medical examination and such medical dressing as may, in the opinion of the Medical Officer, be necessary;

(ii)such trimming or shaving if the hair on any part of the person, as may, in the opinion of the Superintendent or the Medical Officer be necessary for administration of medical treatment or securing cleanliness and health;

(iii)thorough cleansing and washing of the body with such material as may be provided and the complete removal of the clothing in order to secure this object;

(b)wear such clothes as the Superintendent may direct.

(2)

(a)Notwithstanding anything contained in sub-rule (1), the Medical Officer, who in pursuance of the provisions of sub-section (1) of Section 26 examines a person received in a receiving centre under Section 25, shall carefully and thoroughly examine all parts of the body of such person, and shall-

(i)record the result of his examination in Form 'B' if the person is in good health, and in Form 'C' if he is not in good health;

(ii)keep a copy of such record in the case history of the person concerned; and

(iii)report the result of his examination to the Superintendent :

Provided that a female shall be examined in the female Section of receiving centre and, as far as possible, by a Lady Medical Officer.

(b)The Medical Officer shall arrange in the receiving centre for any immediate medical treatment of the person found to be a contagious leper or a lunatic pending orders of the State Government under sub-section (1), (2) or (3) of Section 26 or the Court under the proviso to sub-section (3) of Section 26.

(3)Without prejudice to the provisions of any of these rules, the minimum physical force necessary may be used to secure compliance with all or any of the provisions of sub-rules (1) and (2).

9. Persons remanded by the Court to and those detained in receiving centres to be kept separate.

- A person received in a receiving centre on remand by the Court shall, as far as possible, be kept in such centre apart from persons undergoing a term of detention therein and shall be allowed all reasonable facilities in connection with the hearing of his case.

10. Persons received in receiving centres and certified institution to be kept apart from other persons.

- Every person received in a receiving centre or certified institution shall be kept apart from other person in such centre or institution, unless the Superintendent is satisfied on a medical report that it is unnecessary to do so.

11. Articles found in search and inspection to be entered in register.

(1)In every receiving centre or certified institution, the Superintendent shall maintain a register of money, valuable or effects, if any, found with or on persons received therein.

(2)On a person being received in such centre or institution, the money, valuables or effects, if any, found with or on him, on search and inspection under Section 18 and taken possession of shall be entered in a register and the entries in the register shall be read over to him, and to token of the correctness of such entries, his signature or thumb impression taken in the presence of the Superintendent.

(3)All entries in such register shall be attested by the Superintendent.

12. Disposal of properties under Section 18.

- The effects other than money or valuables belonging to a person received or detained in a receiving centre or certified institution, not being person kept in such centre under Rule 5, shall be disposed of in the following manner, that is to say-

(a)if the effects consist of obscene pictures or literature, tobacco, snuff, opium, any drug or liquor, or perishable articles of trivial value, they shall be destroyed;

(b)if the effects consist of perishable articles which are not of a trivial value they shall be sold by auction as soon as possible and the proceeds kept in the safe custody by the Superintendent;

(c)the clothing, bedding or other articles of such persons shall be destroyed if the Superintendent considers it essential on hygienic grounds or considers them to be worthless, or if the clothing and bedding are ragged, and the clothing, bedding or other articles of person found to be suffering from any infections or contagious disease shall be burnt in the presence of the Superintendent;

(d)clothing, bedding and other articles not covered by the provisions of the clauses (a), (b) and (c) shall, after being washed and disinfected, if necessary, be made into a bundle or bundles and suitably stored and the Superintendent shall be responsible for their safe custody.

13. Disposal of property after passing of the Court's order under Section 18.

- Where an order of detention is made by a Court against any person-

(a)the Superintendent may order that the money or valuables found with or on such person be kept in safe custody and handed over to him at the time of his release;

(b)any money or valuables belonging to such person may, with his consent and with the approval of the Superintendent, be delivered to his friends or relatives at any time during the period of his detention, or be hold and the safe proceeds disposed of in such manner as the person may desire;

(c)at the time of release of such person the effects, valuables or money kept in safe custody shall be handed over to him under acknowledgment and an entry made in that behalf in the register maintained under Rule 11. Such entry shall be signed by the Superintendent.

14. Staff not to buy articles auctioned.

- No person on the staff of a receiving centre or certified institution shall, whether directly or indirectly, bid at the auction of, or purchase any property auctioned under these rules

15. Persons detained in certified institution or receiving centre forbidden to do certain acts.

- A person remanded to or detained under Section 19 in a certified institution or receiving centre shall not-

(i)refuse to receive any training arranged or ordered for him or to do the work allotted to him;

(ii)manufacture any articles without the knowledge or permission of the officer-in-charge of the various industries or the Superintendent;

(iii)misbehave or quarrel with any other inmate;

(iv)omit to assist in the maintenance of discipline or give an assistance to an officer of the receiving centre/certified institution when called upon to do so;

(v)do or omit to do any act with intent to cause to himself any illness, injury or disability;

(vi)answer untruthfully any question or refuse to give a true account of his movements;

(vii)cause any disturbance or violence or omit to assist in suppressing any disturbance;

(viii)do any act or use any language calculated to hurt or offend the feelings and prejudices of a fellow inmate;

(ix)commit a nuisance or any act of indecency in any part of the institution or centre or refuse to obey any orders issued for proper sanitation;

(x)disobey any orders regulating the cleanliness of his person, clothing, bedding utensils or any articles;

(xi)secret any article whatsoever or damage any part of the kit of any other inmate or any property or implements of the institution or centre;

(xii)refuse without reasonable excuse to eat food prescribed by the diet scale or wilfully destroy any food or render it unpalatable or unwholesome;

(xiii)leave without permission the working parts to which he is assigned or the part of the premises or grounds in or at which he may be required to be present at any particular time;

(xiv)receive or possess or partake of any of the prohibited articles mentioned in Rule 16;

(xv)resist or obstruct an officer of the institution/centre in the execution of his duty or refuse or omit to obey any lawful order of such an officer or refuse to perform or omit to perform work or duties in the manner indicated for that purpose.

16. Prohibited articles.

(1)No person shall, except with the permission of the Superintendent or Medical Officer, take into a receiving centre or a certified institution a prohibited article.

(2)The following shall be the prohibited articles for the purpose of sub-rule (1), namely-

(a)Alcohol or spirit of every description;

(b)Bhang, Ganja or Opium;

(c)Drugs of every description;

(d)Matches and materials for producing fire;

(e)Implements of gambling;

(f)Any implements capable of causing hurt or facilitating escape;

(g)Any other articles specified in this behalf by the Superintendent, by a special order.

17.

When the Court passes an order, other than an order of detention, with regard to any person, and his clothing have been destroyed under sub-rule (c) of Rule 12, he shall be provided with fresh clothing standard under Section 18-

(1)Pajama or Dhoti;

(2)Sari (if female);

(3)Kurta or Blouse;

(4)Baniyan or Brassier;

(5)Chaddi;

(6)Angocha.

18. Welfare Fund.

(1)For every receiving centre and certified institution there shall be a Welfare Fund.

(2)The Superintendent may accept donations or contributions in cash or kind made to the Welfare Fund by the public, provided that no such ; donation or contribution in cash exceeding one hundred rupees shall he accepted without the previous approval of the Director.

(3)All donations and contributions accepted under this rule shall be acknowledged by written receipts bearing serial numbers.

(4)

(a)The Superintendent shall deposit the amount of donations or contributions made to the Welfare Fund in the nearest Government Treasury by opening a personal ledger account in his name.

(b)The Superintendent shall also credit all Non-Government money j in the nearest Government treasury by opening a personal ledger account j for each inmate. Such Non-Government money shall not form part of the Welfare Fund.

Explanation. - For the purposes of this sub-rule "Non-Government money" means-

(a)Gratuities earned by the inmates under sub-rule (3) of Rule 29 for the good conduct and satisfactory progress in training;

(b)Wages earned by inmates for doing outside work;

(c)Private cash belonging to the inmate which is deposited with the Superintendent.

(5)The amount standing to the credit of the Welfare Fund shall be spent for the following purposes, namely :-

(i)to meet contingent expenses in connection with the collection of the Fund; and

(ii)to provide for the welfare and comfort of the inmates of, including those released on licence from the Centre or institution as the case may be.

(6)The Superintendent may, in consultation with the Visiting Committee, subject to the requirements of sub-rule (5), spend sums out of the Welfare Fund on subjects previously determined by the Visiting Committee :Provided that no amount exceeding rupees one hundred shall be spent without the previous sanction of the Chief Inspector.

(7)The Fund shall be operated by the Superintendent as the controlling and disbursing officer, and shall be responsible for the proper maintenance of the accounts of the Fund.

(8)The Superintendent shall maintain separately in connection with the Fund, a cash book and an order book.

(9)The accounts of the Fund shall be audited at the time of the annual audit of the accounts of the receiving centre or the certified institution to which it relates.

19. Collection boxes.

(1)The Superintendent may install collection boxes which shall, subject to the provisions of sub-rule (2), be kept locked and sealed.

(2)Every such box shall be opened at least once and not more than twice in a quarter of a month.

(3)The amount so collected shall be credited to a Government treasury by a challan and shall be spent in the manner and for the purposes specified in sub-rule (5) of Rule 18.

20. Visiting Committee.

(1)Visiting Committee appointed under Section 14 shall consist of ten members of whom five including the Chairman shall be officials and five shall be non-officials.

(2)The Superintendent and such four other officials including the Chairman, as the Director may, from time to time, appoint in this behalf, shall be the ex-officio members. In the absence of the Chairman, the senior most official member present shall act as Chairman.

(3)The non-official members of whom in the case of Visiting Committee appointed for a receiving centre or a certified institution intended for female beggars, not less than two shall be lady visitors, shall be nominated by the Director.

(4)Non-Official members shall hold office for a period of three years from the date of appointment or for such further period, if any, as the Director may, by general or special order, direct in that behalf.

(5)The tenure of appointment of a non-official member may, by order in writing, be terminated by the Director at any time if his continuance in office is undesirable in the interest of the public or of the Visiting Committee:Provided that no such order shall be passed until reasonable opportunity has been given to the member concerned to furnish an explanation.

(6)A non-official member shall be eligible for re-appointment on the expiry of his term of office.

(7)Any casual vacancy among the non-official members shall be filled in by appointment of another non-official who shall hold office so long as the person in whose place he is appointed would have held it if the vacancy had not occurred.

21. Duties of Visiting Committee.

(1)It shall be the duty of the members of a Visiting Committee appointed for a receiving centre or a certified institution maintained by the State Government :-

(a)to visit the centre or institution as the case may be, once a month according to a rotation which shall be drawn up by the Chairman after consulting the members;

(b)to attend meetings;

(c)to visit all parts of the centre or institution, and see every inmate remanded or detained therein and make such inquiries of them as they think fit.

(2)It shall be the duty of such visiting committee-

(a)to satisfy itself that necessary measures for discipline, employment, teaching of industries and medical care are being taken;

(b)to give every inmate an opportunity for making applications and to enquire into the same;

(c)to inspect the accounts and other registers and the record of inmates;

(d)to recommend to the Chief Inspector or Superintendent the release on licence in accordance with Section 22, of persons detained in the certified institution;

(e)to recommend to the Chief Inspector the names of organizations and responsible persons willing to take charge of or provide work for persons so released;

(f)to ascertain and communicate to the Chief Inspector whether any person recommended for release is willing to be placed in the charge of or work for any such organization or responsible persons;

(g)to consider any other matter connected with the progress of the Centre or institution, as the case may be, and the welfare of the inmates in general.

(3)Four members shall form the quorum for the purpose of the meeting referred in clause (b) of sub-rule (1).

22. Visiting Committee for receiving centre or certified institution not maintained by the State Government.

- The duties of a Visiting Committee appointed for a Receiving Centre or Certified Institution not maintained by the State Government shall, subject to the terms of any agreement entered into by the Director in respect thereof, be the same as those prescribed by Rule 21.

23. Visiting Committee book.

(1)At every receiving centre and Certified Institution, besides a general Visiting Book, there shall be kept a separate Visiting Committee Book, in which shall be recorded the minutes of the proceedings of each meeting of the committee and wherein members of the visiting committee shall also record the dates of their visit, any remarks or suggestions, they may have to make.

(2)A copy of the proceeding of each meeting of the committee and all such suggestions shall be sent to the Chief Inspector with such remarks as the Superintendent may desire to offer.

24. Constitution of Advisory Committee.

(1)Composition:-

(a)The Advisory Committee appointed for any area under sub-section (1) of Section 15 shall consist of not more than 21 members of whom eight including the Chairman shall be officials and the rest non-officials. At least two of the members shall be women.

(b)The Chief Inspector, the Superintendents of the Certified Institutions and Reception Centre in the area and such five other officials including the Chairman, as the Director may, from time to time, appoint in this behalf, shall be ex-officio members. In the absence of the Chairman, the senior most official member present shall act as Chairman.

(c)Non-Official members shall hold office for a period of three years from the date of appointment or such further period, if any, as the Director may by general or special order, direct in behalf.

(d)the term of appointment of a non-official member may, by order in writing, be terminated by the Director at any time if his continuance in office is undesirable in the interest of the public of the Advisory Committee:

Provided that no such order shall be passed until reasonable opportunity has been given to the member concerned to furnish an explanation.

(e)A non-official member may resign his membership at any time without assigning any reason.

(f)Six members shall form quorum for a meeting of the Committee.

(g)The Superintendent of the certified institution in the area shall be ex officio Secretary of the Committee.

(2)Functioning of the Advisory Committee: -

(i)The Advisory Committee shall meet once in three months for carrying out the functions prescribed under sub-sections (2) and (3) of Section 15.

(ii)A separate Committee Book will be maintained by the Secretary of the Advisory Committee for recording the proceedings of each meeting of the Advisory Committee. The members of the Committee shall also record in this Book the dates for their visits with such remarks or suggestions as they may have to make. The minutes shall be signed as early as possible by the Chairman. Copies of the minutes shall be supplied to the Chief Inspector within a fortnight from the date of the meeting. The Chief Inspector may pass such order as may be deemed necessary on such minutes with the approval of Director.

25. Date before which local authority to pay contribution.

- A local authority which has been directed to pay any sum of money under sub-section (1) of Section 16, shall make payment of that sum to the State Government not later than the last day of February of the financial year to which the payment pertains.

26. Conditions of transfer from one receiving centre or certified institution to another.

(1)The Chief Inspector may, subject to the provisions of sub-rule (2), direct that any person detained in the receiving centre or certified institution shall be transferred to another receiving centre or certified institution under Section 21 of the Act, subject to the following conditions, namely :-

(i)a report from the Medical Officer recommended-regard to accommodation available;

(ii)no such direction shall be issued except on-

(a)a report from the Medical Officer recommending the transfer of such person on medical or hygienic grounds, or

(b)a direction given by a Court, or

(c)a report from the Superintendent recommending transfer in the interest of discipline or for such other reasons.

(2)When such person is transferred from one receiving centre or certified institution to another, all his effects valuables or money in the custody of the Superintendent shall be sent alongwith him to the Superintendent of the receiving centre or certified institution to which he has been transferred together with a full and correct statement of the description and estimated value thereof.

(3)The Chief Inspector shall not direct transfer of any person to a receiving centre or certified institution not maintained by the State Government in contravention of the terms of any agreement entered into by the Director in respect of such centre or institution.

27. Release on Licence.

(1)A person detained in a certified institution may be released on licence by the Chief Inspector if in his opinion such person has been of good behaviour and is not likely to beg or employ or cause persons to beg or use them for the purpose of begging and will be able to maintain himself and his dependents by honest means and satisfied the following conditions, namely :-

(a)in case he is undergoing the detention for the first time he has resided in the certified institution for not less than one-third of the term of his detention, and in any other case he has resided in the certified institution not less than two-thirds of the term of detention;

(b)during one month immediately preceding, the date of release in the case of a first detention, or during three such months in the case of detention for the second or during fix such months in the case of any subsequent detention, he has not been awarded any disciplinary punishment under any of the clauses (iii) to (vi) of Rule 32 :

Provided that the Chief Inspector may, in special cases for reasons to be recorded in writing, relax the provisions of clauses (a) and (b).

(2)The Superintendent shall give timely intimation of the probable date of an inmate release from the certified institution to his relative and invite the relative to come to the institution on that date and take charge of the inmate. If the relative does not come to take charge of the inmate, the inmate shall be taken to his native place by an employee of the institution.

(3)A person detained in a certified institution shall not be released on licence except on the conditions specified as under

(i)The licensee shall proceed to and reside there, and may, with the consent of the Chief Inspector, reside at any place until the expiry of the period of his/her detention unless, he/she is released unconditionally or the licence is revoked earlier;

(ii)The licensee shall find regular employment within a period of one month from the date of his/her release and shall obey such instructions as he/she may receive from the Chief Inspector with regard to punctual and regular attendance at employment or otherwise;

(iii)The licensee shall abstain from begging or employing or causing persons to beg or using them for the purpose of begging;

(iv)The licensee shall lead a sober and industrious life to the satisfaction of the Chief Inspector;

(v)The licensee shall abide by the instructions of the supervising Probation Officer;

(vi)In the event of his/her committing a breach of any of the above conditions, the licence shall be revoked and thereupon the licensee shall be liable to be detained in a Certified Institution till the expiry of the term for which he/she had been ordered to be detained by the Court;

(vii)The Chief Inspector shall be the sole judge as to whether a breach of any condition of this licence has taken place;

(viii)The person shall be required to acknowledge the above conditions in the following manner :-

"I hereby acknowledge that I am fully aware of the above conditions which have been read over/explained to me and that I accept the same.Signature or thumbimpression of Licensee

(ix)Certified that the conditions specified above have been read over/explained to (name.......) and that the licensee has accepted them and that he/she has been released accordingly on the.............20....

Signature of Superintendent.

28. Revocation of Licence.

(1)The Chief inspector may revoke the licence granted to any person on breach of conditions prescribed in Rule 27.

(2)The Director may, at any time, without assigning any reason, by order in writing, revoke any such licence and order the person to return to, the certified institution from which he was released.

(3)When a licence has been revoked and the person refuses or fails to return to the institution to which he was directed so to return, the Director may, if necessary, cause him to be arrested and to be taken back to the certified institution.

29. Daily routine in receiving centre and certified institution.

(1)At dawn, the inmates of every receiving centre or certified institution shall be marched off to perform their ablutions and a reasonable time shall be allowed for the performance of hygienic duties.

(2)The inmates shall be employed first in clearing the dormitories, compound and other parts of the receiving centre or certified institution; thereafter the inmates shall attend to their respective duties, such as carpentry, weaving and other like assignments.

(3)All inmates, provided they are medically lit, shall ordinarily be required to work for 8 hours on every working day. Exemption from work or reduction in the hours of work may be granted by the Superintendent on the recommendation of the Medical Officer.

(4)The details of the daily routine and employment of the inmates during the working hours of the day shall be fixed by the Superintendent with the approval of the Chief Inspector, who shall have power to make changes therein, from time to time, if necessary. The approved time table in this behalf shall be displayed on the notice board of the receiving centre or the certified institution.

(5)Inmates shall be bound to do such work as the Superintendent may direct including domestic work in the institution, such as cleaning, cooking, washing clothes and sweeping.

30. Grade system and gratuities.

(1)With a view to encouraging steady behaviour and application to the training provided the following grade system may be employed in certified institution or the receiving centre, as the case may be, namely

(a)Head Mukadam's grade :-

Not more than one person from among 10 Mukadam of exceptionally good conduct shall be promoted as a Head Mukadam;

(b)Mukadam's Grade :-

At the head of every working party consisting of 20 inmates, there shall be one Mukadam selected from among the inmates who have settled down to the institutional life and whose conduct and progress have been satisfactory.

(2)Promotion or reduction in grade shall be made by the Superintendent, if necessity arises.

(3)An inmate who shows satisfactory progress in the training provided to him or whose conduct is good may be paid a gratuity at following rates:

(a)in certified institution 50 per cent of his total earning or Rupees two per week whichever is less;

(b)in receiving centre-Rupees five per month.

(4)The amount earned by way of gratuities by the inmate shall be kept with the Superintendent who shall credit the total amount in the nearest Government treasury by opening a person ledger account for each inmate as required by the provision of clause (b) of sub-rule (4) of Rule 18. An inmate may spend out of the balance at his credit such amount and on such articles as the Superintendent may consider to be reasonable. On the release of an inmate the balance, if any left in his account shall be handed over to him, and the ledger closed.

31. Disposal of property of inmates dying or escaping before release.

(1)When an inmate of any receiving centre or certified institution dies therein, the property left by the deceased and the amount earned by him as a gratuity, if any, shall be kept in safe custody, and handed over by the Superintendent of such receiving centre or certified institution to any person who establishes his claim thereto and executes an indemnity bond. A receipt shall be obtained from such person for having received such property and the amount. If no such claimant appears within a period of one year from the date of death of such inmate the property and the amount shall be handed over to the police for disposal in accordance with the provisions of Sections 25 to 27 of the Police Act, 1861.

(2)When an inmate of any receiving centre or certified institution escapes therefrom or fails to return thereto after the expiry of absence permitted to him, the property left by him and the amount earned by him as a gratuity, if any, shall be kept in safe custody by the Superintendent of such receiving centre or such certified institution, for a period of one year from the date of escape of such inmate or the date on which such inmate should have returned thereto, as the case may be. If within the said period such inmate is not arrested and sent back, or does not return to the receiving centre or certified institution, such property and the amount shall be handed over to the Police for disposal in accordance with the provision of Sections 25 to 27 of the Police Act, 1861.

32. Punishments.

- If a person commits a breach of any of the provisions of Rule 15, he shall be liable to any one or more of the following punishments which may be awarded by the Superintendent who shall record all such disciplinary measures in a register provided for the purpose :-

(i)Formal warning personally addressed to the inmate by the Superintendent;

(ii)Forfeiture of privileges, if any;

(iii)Degradation in grade, if any;

(iv)Confinement in the lock-up for a period not exceeding three days;

(v)Imposition of handcuffs, except in the case of a female;

(vi)Solitary confinement not exceeding ten days at a time :

Provided that the penalty specified in clause (i) shall not be combined with any penalty other than that specified in clause (ii), and the penalties specified in clauses (iv) and (vi) shall not be carried out in combination even when awarded at different times and for different offences.

33. Repeal and Savings.

- On the commencement of these rules all rules corresponding to these rules in force in any part of Madhya Pradesh immediately before the commencement of these rules, shall stand repealed :Provided that anything done or any action taken under any of the said rule so repealed shall be deemed to have been done or taken under the corresponding provisions of these rules such thing or action is inconsistent with any of the provisions of these rules.[Forms not reproduced]

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