State of Assam - Act
The Assam (Management, Function and Responsibilities of Special School, Children's Home and Observations Homes) Rules, 1976
ASSAM
India
India
The Assam (Management, Function and Responsibilities of Special School, Children's Home and Observations Homes) Rules, 1976
Rule THE-ASSAM-MANAGEMENT-FUNCTION-AND-RESPONSIBILITIES-OF-SPECIAL-SCHOOL-CHILDREN-S-HOME-AND-OBSERVATIONS-HOMES-RULES-1976 of 1976
- Published on 1 January 1976
- Commenced on 1 January 1976
- [This is the version of this document from 1 January 1976.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
1. Short title.
- These Rules may be called the Assam (Management, Functions and Responsibilities or Special Schools, Children's Homes and Observation Homes) Rules, 1976.2. Definitions.
- In these Rules, unless the context otherwise requires-Chapter II
Control, Management, Functions and Responsibilities of Children's Homes Special Schools and Observation Homes Established and Maintained under Sub-Section (1) of Section 9, 10 or 11 of The Act
3. Appointment of Superintendent.
- For the control and management of an institution established and maintained by Government under Section 9, 10 or 11 a Superintendent shall be appointed in accordance with the recruitment rules framed by the State Government for the purpose.4. Superintendent to be subordinate to the Chief Inspector.
- In all matters in respect of which he is not invested with sole authority the Superintendent shall be subordinate to and subject to the control of the Chief Inspector.5. Staff of the institution to be subordinate to the Superintendent.
- The staff of the institutions shall be subject to the control of the Superintendent. The Superintendent shall by order determine their duties and shall keep the Chief Inspector informed of the orders made by him from time to time.6. Obligation to stay in quarters.
- The Superintendent and such other staff as the Chief Inspector may determine shall life in the quarters provided for them.7. Duties of Superintendent.
- The duties of the Superintendent shall be-8. Superintendent to report important incidents.
- The Superintendent shall immediately report-9. Superintendent to maintain case registers.
- The Superintendent shall maintain or arrange to be maintained individual case records of the inmates and such registers of admission, discharge, release on licence or otherwise and of accounts as may be specified by the Chief Inspector from time to time.10. Superintendent to invite tenders for supplies and to submit them to the Chief Inspector for approval.
- The Superintendent shall invite tenders for supplies to the institution and submit them to the Chief Inspector for his approval subject to the administrative procedure and orders laid down by the State Government. He shall incur expenditure on food, clothing and other items according to the approved tenders and shall keep accounts thereof.11.
Every Superintendent shall submit a detailed expenditure statement in connection with the institution to the Chief Inspector every month. The Chief Inspector may call for the respective bills for post audit.12. Superintendent to submit estimate of maintenance charges to the Chief Inspector.
- Every Superintendent shall submit annually to the Chief Inspector at the time and in the form approved by the State Government from time to time, a budget estimate of the charges of maintenance of the Institution.13. Superintendent to keep watch on receipts and expenditure.
- Every Superintendent shall keep a constant watch over the receipts and expenditure of the institution, shall satisfy himself by frequent inspection that the registers and account books are properly written, that cash balances correspond with those entered in the books, that the daily entries are made in the Cash Books, and that outstandings are not allowed to accumulate. The Superintendent shall be responsible for any defalcation on the part of the staff of the institution rendered possible by negligence on his part.14. Superintendent to watch supplies to inmates.
- The Superintendent shall satisfy himself by frequent inspections of the dietary articles, account books and of the food purchases and by inquiry into that the bazaar rates are reasonable, and that the inmates obtain their full rations.15. Returns.
- The Superintendent shall submit to the Chief Inspector such returns as may be specified by him from time to time.16. The Superintendent to effect search of children received in the institution.
- The Superintendent shall see that every child received in the institution is searched, that he is cleansed, that his personal effects are inspected and that the money or valuables found with or on the person of the child are kept in the safe custody of the Superintendent:Provided that girls shall be searched by a female member of the staff and with due regard to decency.17. Articles found on search in inspection to be entered in the register.
18. Disposal of property.
- The property other than money or valuables belonging to a child received or detained in an institution, shall be disposed of in the following manner, namely-19. Staff not to buy articles at auction.
- No person in the staff of the institution shall, whether directly or indirectly, bid at the auction of, or purchase any properly auctioned under these Rules.20. Disposal of property after passing of order by competent authority.
21. Disposal of property of children dying or escaping before release.
22. Superintendent to report cases of release in time.
- Whenever it appears to the Superintendent that a child will attain the age of eighteen years in the case of a boy, or twenty years in the case of a girl, before the expiry of period of stay he shall, six months prior to the attaining by the child of the age of eighteen years in the case of a boy and twenty years in the case of a girl, place the child before the Committee and the Medical Officer of the institution where such arrangements exist for his examination and submit the case in the Chief Inspector for discharge under Section 45 of the Act.23. Procedure to be followed in released cases.
24. Superintendent to order discharge of inmates on due dates.
25. Admission of outsiders to the institution.
- No stranger shall be admitted to the premises of the institution, except with the permission of the Chief Inspector or the Superintendent.26. Superintendent to show to the Chief Inspector or his representative and to the Committee members the working of the institution.
- The Superintendent shall accompany the Chief Inspector or any other inspecting officer of the Directorate of Social Welfare and the members of the Committee during their inspection of or visit to the institution.27. Annual report.
- The Superintendent shall, on the expiry of each year draw up and submit to the Chief Inspector a report referring to all subjects of interest and giving a brief account of the working of the institution during the year. The Chief Inspector shall forward a consolidated annual report to the State Government.28. Observation Homes to provide educational and other training facilities.
- In every Observation Home children shall be provide with adequate educational and other training facilities and care shall be taken to see that they do not remain idle.29. Advisory Committee.
- For every institution established under sub-section (1) of Section 9, 10 or 11 there shall be an Advisory Committee.30. Constitution of the Advisory Committee.
31. Tenure of non-official members.
32. Functions of the Committee.
- The duties of the members of the Committee shall be as follows:33. Visitors' book.
- A Visitors' Book shall be maintained in which the persons authorised to visit the institution shall record the dates of their visits with any remarks or suggestions which they may think proper. The Superintendent shall forward a copy of every such entry to the Chief Inspector with such remarks as he may desire to officer in explanation or otherwise and thereupon the Chief Inspector shall issue such orders as he may deem proper.34. Advisory Committee Book.
- In every institution besides a general Visitors' Book there shall be maintained a separate Advisory Committee Book in which minutes of the proceedings of each quarterly meeting of the Advisory Committee shall be recorded and wherein members of the Committee shall also record the dates of their visits with any remarks or suggestions they may have to make. The minutes shall be signed as soon as possible by the presiding authority. Copies of the minutes shall be supplied to every member of the Committee and the Chief Inspector within a fortnight from the date of the meeting. The Chief Inspector may pass such orders as he may deem necessary on such minutes. The Superintendent shall send a copy of each order to the members concerned.35. Medical care in the institution.
36. Medical examination of children.
- Each child admitted in an Observation Home shall be medically examined by the medical officer of the Observation Home within forty-eight hours, or in special cases within seventy-two hours, after his admission to the Observation Home and also in the case of a child known to be awaiting removal to a Children's Home or Special School, within a similar period before such removal, and further at any other time or times that may be considered necessary by the medical officer or the Superintendent. Such examination shall include any steps necessary to ascertain whether venereal disease in present in cases where reasons exist to suspect its presence. Such examination may take place either at the Observation Home or if the medical officer desires it, at the Government clinic.37. Medical Officer.
- The medical officer of an institution shall attend the institution daily at fixed hours, and shall keep such registers and returns as shall be directed by the Chief Inspector or the Director of Health Services, Assam.38. Separation of inmate suffering from infectious disease.
- An inmate known or suspected to be suffering from an infectious disease shall forthwith be removed to a Government hospital and if this is not practicable when disease breaks out in an institution any child subsequently admitted shall so far as practicable be kept separate from those who are known or suspended to be suffering from the infectious disease.39. Surgical treatment on the inmates.
- No surgical treatment shall be carried out on an inmate without the previous consent of his parent or guardian, unless either the parent or guardian cannot be found for the condition of the inmate is such that any delay would in the opinion of the medical officer involve unnecessary suffering or injury to the health of the inmate.40. Medicines to be purchased from Government Medical Stores Depot, Gauhati.
- All medicines required for the institution shall be indented from Government Medical Stores Depot. Gauhati or any other stores specified by the State Government in this behalf, and in case of urgent necessity may be purchased locally under intimation to the Chief Inspector.41. Diet.
42. Time table.
43. Education and training.
- All inmates shall attend regularly the school and industrial classes and work outside according to the directions of the Superintendent and do the work in the institution assigned to them:Provided that no inmate shall be employed in such manner as to impair his capacity for profiting by institution or depriving him of reasonable recreation or leisure.44. Daily routine of inmates.
- The daily routine of the institution and the employment of the inmates of the institution during the various hours of the day shall be fixed by the Superintendent in consultation with the Committee and with the approval of the Chief Inspector.45. Exemptions from attending literacy classes.
46. Industries to be introduced with the approval of the Chief Inspector.
- Industries taught at the institution shall have previous approval of the Chief Inspector. Competent Instructors shall be employed for each trade taught in the institution.47. Rewards and earnings.
48. Deposit money to be returned to inmate on their release.
- At the time of premature release of an inmate from the institution, his account book shall be transferred to the probation officer whose duty it is to supervise him. If the inmate is released on the expiry of the period of his stay ordered by the competent authority, the money deposited in his name shall be withdrawn by the Superintendent and handed over personally, after obtaining a proper receipt, to the parent or guardian who comes to take charge of the inmate under sub-rule (2) of Rule 23 and if he does not come to the inmate, the money should be disbursed in the manner otherwise provided for.49. Permission to parents and near relations to visit the inmates and communication with them.
50. Clothing.
- Children shall be issued sets of clothing and bedding as per schedule prescribed by the State Government from time to time.51. Issue of general articles.
- The Superintendent shall ensure the proper issue of bathing soap, washing soap, hair oil, etc., as per schedule laid down by the State Government.52. Identity photo.
- On admission every child shall be photographed and 3 copies of the photographs shall be obtained of which one shall be kept with the file of the inmate, one shall be fixed with the index card and the third shall be kept in an album serially. The negative shall also be kept in a negative album.53. Duties and responsibilities of care-takers.
54. Maintenance of Registers.
- The Superintendent shall maintain in his office such registers and forms as may be prescribed by the Chief Inspector from time to time.55. Prohibited articles.
56. Welfare Fund.
57. Donation in kind.
- Prior approval of the State Government shall not be necessary in respect of acceptance of any donation in kind.58. Collection boxes.
Chapter III
Control, Management, Functions and Responsibilities of Non-Government Children's Homes, Special Schools and Observation Homes Recognised or Certified under Sub-Section (2) of Section 9, 10 or 11 of The Act
59. Governing Body.
- Every institution recognised or certified under sub-section (2) of Section 9, 10 or 11 shall have a Governing Body approved by the State Government, the members of which shall be deemed to be the managers of the institution for its proper control, functions, responsibilities and management.60. Functions of Governing Body.
- The Governing body shall be responsible to see that-61. Appointment of Superintendent.
- For the day to-day working and management of the institution the Governing Body shall appoint a Superintendent for every institution. The terms and conditions of the service of the Superintendent shall be determined by the Governing Body with the previous approval of the Chief Inspector.62. Delegation of powers.
- The Governing Body may delegate any of its functions to the Superintendent of the institution or any other authorised person or persons appointed by the Governing Body but it shall be the primary responsibility of the Governing Body to see that the institution is run smoothly and efficiently and to the satisfaction of the Chief Inspector.63. Powers and duties of Superintendent.
64. Diet.
- The diet issued to all inmates shall, as far as possible, be in accordance with the schedule laid down by the Chief Inspector, to ensure healthy growth of the inmates. The schedule approved by the Government Body shall be sent to the Chief Inspector and shall be displayed on a broad and it shall be the duty of the Governing Body to give effect to the suggestions, if any, made by the Chief Inspector in respect of such schedule.65. Clothing and bedding.
- The scale of clothing and bedding to be issued to the inmates shall be such as may be approved by the Chief Inspector.66. Care-taking staff.
- The institution shall have adequate care-taking staff and take all necessary precautions to prevent escape of inmates.67. Certain provisions of Chapter II to apply to non-Government institutions also.
- The provisions of Rules 17 to 21, 23, 25, 28, 33, 35, 36, 38, 42 to 45, 47 to 49, 52, and 55 shall, so far as may be, also apply to non-Government institutions certified to be recognised under sub-section (2) Section 9, 10 or 11.68. Grant-in-aid.
- Every institution certified or recognised under Section 9, 10 or 11 may during the period the certification or recognition is in force, be given grant-in-aid by the State Government for maintenance of children received by them under the provisions of the Act and the Assam Children Rules, 1976 and the expenses incurred under Rules 23, 24, 47 and 49 of these Rules at such rates, in such manner and subject to such rules as may be determined by the State Government from time to time.69. Audit of accounts.
- The Governing Body shall get the accounts of the institution audited annually by a registered or a Chartered Accountant or other competent authority as soon as the year is over and shall submit to the Chief Inspector the audited annual statement of accounts by such date as may be fixed by the Chief Inspector.70. Account books to be open for inspection.
- All account books, bills, vouchers and other books of receipts and expenditures in respect of the institution shall be open to inspection and scrutiny by the respecting officers of the Directorate of Social Welfare or any other officer nominated by the State Government in this behalf, at reasonable times during working hours, with or without notice. It shall be the duty of the Superintendent and the Governing Body to give all reasonable facilities and information to the aforesaid officers and to take prompt action on all the points raised by these officers in regard to such accounts.71. Inspection of institution.
- Every institution shall be open to inspection at all reasonable times by the inspecting officers of the Directorate of Social Welfare. Inspector of Schools of the district and by such other officers of the State Government as may be authorised by the State Government in this behalf.Form I[Vide sub-rule (1) of Rule 20]Form of Order of Release of LicenceI ...................................................... (name and designation of the licensing authority) Government of Assam, do by this licence permit.....................son/daughter of.........caste...........residence.....number......who was ordered to be detained in Children's Home/Special School by the Children Act, 1970 for a term of............on the........... day of.......19.... and who is now detained in the............. at...........to be discharged from the said................on condition that he/she be placed under the supervision and authority of..............during the remaining portion of the aforesaid period of detention.This licence is granted subject to the detention endorsed hereon, upon the breach of any of which it shall be liable to be revoked.Dated the............Signature and Designation ofLicensing AuthorityConditions1. The licensee shall proceed to..............and live under the supervision and authority of .......... until the expiry of the period of his/her detention unless the remission is sooner cancelled.
2. He/She shall not, without the consent of the said..........................................remove himself/herself from that place or any other place which may be named by the said.......
3. He/She shall obey such instructions as he/she may receive from the said.................... with regard to punctual and regular attendance at employment or otherwise.
4. He/She shall attend the attendance Centre at................regularly.
5. He/She shall obtain from committing any offence and shall lead a sober and industries life to the satisfaction of..........
*6.*7.*8.*9.10. In the event of his/her committing a breach of any of the above conditions, the remission of the period of detention hereby granted shall be liable to be cancelled and on such cancellation, he/she shall be dealt with under sub-section (3) of Section 48 of the Chairman Act, 1970.
I hereby acknowledge that I am aware of the above conditions which have been read over/explained to me and that I accept the same.(Signature or mark of the licensee)Certified that the conditions specified in the above order have been read over/explained to (name) ............ and that he/she, accepted them as the conditions upon which the remission of the period of detention has been granted to his/her and that he/she been released accordingly in the ................Signature and designation ofthe Certifying authority(i.e. Superintendent of the Institution)* Additional conditions, if any, to be imposed may be inserted by the Licensing Authority, and to be re-numbered where necessary.Form II[Vide Rule 22(1)]Bond to be executed by a parent/guardian/relative or fit person to whose care a child is committed under Section 16(1) or Section 21(1)(b) of the Children Act, 1970Whereas I,............. being the parent, guardian, relative or person under whose care..................has been ordered to be placed by the (name of the child) Child Welfare Board/Children's Court..............................................have been directed by the said Child Welfare Board/Children's Court to execute a bond in the sum of Rupees..................... (Rupees...........) ‡with one surety/two sureties, I hereby bind myself on the said..................being placed under my care. I shall have the said................properly taken care of and I do further bind myself to be responsible for the good behaviour of the said..................and to observe the following conditions for a period of..............year commencing from.................| Date | Order passed including period of detention, ifany | Section | Competent authority |
| Serial No......... | |
| In the Court of....... | |
| Court Case No......... | Probation Department |
| Title Case........ | Case No........ |
| Police Station | Under Section....... |
| Nature of offence, charged, (in the case of delinquent childonly) | Religion |
| Name | Caste......... |
| Father's name..... | Year of birth...... |
| Permanent address.......... | Age........... |
| Last address before arrest....... | Sex.......... |
| Members of family | Name | Age | Health | Occupation or School | Wages, if any |
| Father | |||||
| Step-father | |||||
| Step-mother | |||||
| Mother | |||||
| Sublings | |||||
| If married, relevant particulars | |||||
| Other near relatives or agencies interested | |||||
| Attitude towards religion, moral and ethical code of thehome, etc. | |||||
| Social and economic status | |||||
| Delinquency record of member of family | |||||
| Present living conditions | |||||
| Relationship between parents/parent and children especiallywith the child under investigation | |||||
| Other facts of importance, if any |
| Members of family | Name | Age | Health | Occupation or School | Wages, if any |
| Mental conditions past and present | |||||
| Physical conditions, past and present | |||||
| Habits, interest (moral recreational, etc.) | |||||
| Outstanding characteristics and personality traits | |||||
| Companions and their influence | |||||
| Truency from home, if any | |||||
| Previous delinquency, if any | |||||
| School (attitude towards school teachers classmates and viceversa) | |||||
| Work record (jobs held, reason for leaving, vocationalinterests, attitude towards jot or employers) | |||||
| Neighbourhood and neighbour's report | |||||
| Parent's attitude towards discipline in the home and child'sreactions | |||||
| Any other remarks | |||||
| Result of Enquiry | |||||
| Economical factors, physical conditions, intelligence | |||||
| Social and economic factors | |||||
| Religious factors | |||||
| Suggested causes of the problem | |||||
| Analysis of the case given and behaviour developed | |||||
| Recommendations regarding treatment and its plan by probationofficer. |
Part I
Name of the Probation OfficerFor the month ofRegister No.Competent authorityCase No.Name of the childDate of supervision orderAddress of the childPeriod of supervisionPart II
| Places of interview | Dates |