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State of Gujarat - Section

Section 11 in The Bombay Borstal Schools Act, 1929

11. [ Transfer from prison to Borstal School. [This section was substituted for the original by Bombay3 of 1934, s.2.]

(1)If the Inspector-General is satisfied that a person undergoing transportation or imprisonment in consequence of a sentence [passed under any law or undergoing imprisonment under an order made under section 123 of the Code of Criminal Procedure, 1898, (V of 1898), for failure to give security] being within the limits of age within which persons may be ordered to be detained in a Borstal School, by reason of his criminal habits or tendencies, or association with persons of bad character, might with advantage be detained in a Borstal School, the Inspector-General may by order in writing direct such person to be transferred from prison to a Borstal School [established under this Act or subject to the provisions of section 13A, to a Borstal School in any other] [These words, figures and letter were inserted by Bombay2 of 1936, Section 3] [State] [This word was substituted for the word 'Province' by the Adaptation of Laws Order, 1950.] in [India] [The word 'British' was omitted, by the Adaptation of Laws Order, 1950.] and to be detained in such School, in lieu of the unexpired residue of his sentence [or of the period of imprisonment which he is liable to undergo for failure to give security, as the case may be] [These words were inserted by Bombay 39 of 1948, Section 2 (ii).] for such period as together with the period of transportation, or imprisonment already undergone will not exceed the maximum period for which such person could have been ordered to be detained by a Court under section 6;Provided that the Inspector-General shall not, without the previous sanction of [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council] Government], direct such person to be detained in a Borstal School for a period which including the period of imprisonment or transportation undergone exceeds the period of imprisonment or transportation to which such person has been sentenced [or the period of imprisonment which he is liable to undergo for failure to give security, as the case may be.] [These words were inserted by Bombay 39 of 1948, Section 2 (iii)]
(2)A person transferred to a Borstal School under sub-section (1) shall upon transfer to such school be deemed to be an offender ordered to be detained by a Court under the provisions of section 6 and the provisions of the Act shall, apply to such person accordingly]