Reformatory Schools Act, 1897

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Department: Elementary and Secondary Education Department
Main Category: Acts
Specific Category Name: Education
Year 1897
Promulgation Date: 11-03-1897
Details:

THE REFORMATORY SCHOOLS ACT, 1897.

(Act No, VIII of 1897).

CONTENTS

I-PRELIMINARY

Sections

1.         Titled and extent.

2-3.      [Repealed].

4.         Definitions.

II-REFORMATORY SCHOOLS

5.         Power to establish and discontinue Reformatory Schools.

6.         Requisites of Schools.

7.         Inspection of Reformatory Schools.

8.         Power of Courts to direct youthful offenders to be sent to Reformatory Schools.

9.         Procedure where Magistrate is not empowered to pass an order under section 8.

10.       Power of Magistrates to direct boys under fifteen sentenced to imprisonment to be sent to Reformatory Schools.

11.       Preliminary inquiry and finding as to age of youthful offender.

12.       Government to determine Reformatory School to which such offenders shall be sent.

13.       Persons found to be over eighteen years not to be detained in reformatory Schools.

14.       Discharge or removal by order of Government.

15.       Agreement between Provinces.

16.       Certain orders not subject to appeal or revision.

III-MANAGEMENT OF REFORMATORY SCHOOLS.

17.       Appointment of Superintendent and Committee of Visitors of Board of Management.

18.       Superintendent may license youthful offenders to employees of labours.

19.       Cancellation of license.

20.       Determination of license.

21.       Cancelation of license in case of ill-treatment.

22.       Superintendent to be deemed guardian of youthful offenders.

POWER TO APPRENTICE YOUTHFUL OFFEND:

23.       Duties of Committee of Visitors.

24.       Powers of Board of Management.

25.       Power to appoint Trustees or other Management of a school to be a Board of Management.

26.       Power of Board to make rules.

IV-OFFENCES IN RELATION TO REFORMATORY SCHOOLS.

27.       Penalty for introduction or removal or supply of prohibited articles and communication with youthful offenders.

28.       Penalty for abetting escape of youthful offender.

29.       Arrest of escaped youthful offender.

V-MISCELLANEOUS

30.       [Repealed].

31.       Power to deal in other ways with youthful offenders including girls.

32.       Procedure when youthful offender under detention in a Reformatory School is again convicted and sentenced.

 

 

[1]THE REFORMATORY SCHOOLS ACT, 1897.

(Act No, VIII of 1897).
[11th March, 1897]

An

ACT

 

to amend the law relating to Reformatory Schools  and to make further provision for dealing with youthful offenders.

            WHEREAS, it is expedient to amend the law relating to Re­formatory Schools and to make further.provision for dealing with youthful offenders;

it is hereby enacted as follows:—

I-PRELIMINARY

1.      (1) This Act may be called the Reformatory Schools Act, 1897[2][* *]

Title and extent.

(2)               [3][     *      *      *    ]

[4][(3)]This section and section shall extend to [5][the whole of Pakistan]. [6][The other sections shall extend in the first instance to Sind and the Karachi Division and East Pakistan, but the Govern­ment of [7][[8](Khyber Pakhtunkhwa)] may at any time by notification in the Official Gazette, extend these sections to other parts of [9][[10](Khyber Pakhtunkhwa)] from such day as may be fixed in any such notification.]


2 and 3.    [Repeals].-   Rep, by the Repealing Act.     1938 (1 of
1983), s. 2 and Schedule.

4.    In this Act, unless there is anything repugnant in the subject or context.-

definition

(a)   “Youthful offender.” means any boy who has been convicted of any offence punishable with transportation or imprisonment and who, at the time of such conviction, was under the age of fifteen years:

(b)  “Inspector-General” includes any officer appointed by the [11][Provincial Government] to perform all or any of the duties imposed by this Act on the Inspector- General: and

[12][*       *          *          * ]

II- REFORMATORY SCHOOL;

5.         [13][*      *     *     *]  The  [14][Provincial Government] may-

Power to establish and discontinue Reformatory Schools.

(a)   establish and maintain Reformatory School at such places as it may think fit;

(b)   use as Reformatory Schools kept by persons willing to act in conformity with such rules, consistent with this Act, as the [15][Provincial Government] may prescribe in this behalf;

(c)   direct that any school so established or used shall cease to exist as a Reformatory School or to be used as such.

6.    Every school so established or used must provide-

Requisites of  Schools

(a)   sufficient means of separating the inmates at night;

(b)   proper sanitary arrangements, water-supply, food, clothing, and bedding for the youthful offenders, detained therein;

(c)   the means of giving such youthful offenders industrial training;

(d) an infirmary or proper place for the reception of such youthful offenders when sick.

7. (1) Every school intended to be established or used as a Re­formatory School shall, before being used as such, be inspected by the Inspector-General, and if he finds that the requirements of section 6 have been complied with, and that, in his opinion, such school is fitted for the reception of such youthful offenders as may be sent there­-under this Act, he shall certify to that effect, and such certificate shall be published in the [16][Official Gazette], together with an order of the [17][Provincial Government] establishing the school as a Reformatory School or directing that it shall be used as such, and the school shall thereupon be deemed to be a Reformatory School.

Inspection of Reformatory School.

(2)  Every such school shall, from time to time, and at least once in every year, be visited by the said Inspector-General, who shall send to the [18][Provincial Government] a report on the condition of the school in such form as the [19][Provincial Government] may prescribe.

8. (1) Whenever any youthful offender is sentenced to trans­portation or imprisonment, and is, in the judgment of the Court by which he is sentenced, a proper person to be an inmate of a Reforma­tory School, the Court may, subject to any rules made by the [20][Provin­cial Government], direct that, instead of undergoing his sentence, he shall be sent to such a school, and be there detained for a period which shall be not less than three or more than seven years.

Power of courts to direct youthful offenders to be sent Reformatory schools.

(2) The powers so conferred on the court by this section shall be exercised only by (a) the High Court, (b) a Court of Session, (c) a District Magistrate, and (d) any Magistrate specially empowered by the [21][Provincial Government] in this behalf, and may be exercised by such Courts whether the case comes before them originally or on appeal.

(3) The [22][Provincial Government] may make rules for—

 

[23](a) defining what youthful offenders should be sent to Re­formatory Schools, having regard to the nature of their offences or oilier considerations, and

(b) regulating the periods for which youthful offenders may be sent to such schools according to their ages or other considerations.

9. (1) When any Magistrate not empowered to pass an order under the last foregoing section is of opinion that a youthful offender convicted by him is a proper person to be an inmate of a Reformatory School, he may, without passing sentence, record such opinion and submit his proceedings and forward the youthful offender to the Magistrate to whom he is subordinate.

Procedure where Magistrate is not empowered to pass an order under section 8.

 (2) The Magistrate to whom the proceedings are so submitted may make such farther inquiry (if any) as he may-thinks  fit rind pass such sentence and order for the detention in a   Reformatory School of the youthful offender, or otherwise, as he  might  have passed if such youthful offender had been originally tried by him.

10. The officer in charge of a prison in which a youthful offender is confined, in execution of a sentence of imprisonment, may bring him, if he has not then attained the age of fifteen years before the District Magistrate within whose jurisdiction such prison is situate; and such Magistrate may, if such youthful offender appears to be a proper person to be an inmate of a Reformatory School, direct that, instead of undergoing the residue of his sentence, he shall be sent to a Reformatory School, and there detained for a period which shall be subject to the same limitations as are prescribed by or under section 8, with reference to the period of detention thereby authorized.

Power of Magistrates to direct boys under fifteen sentenced to imprisonment to be sent to Reformatory schools.

 

11.  (1) Before directing any youthful offender to be sent to a Reformatory School under section 8, section 9 or section 10, the Court or Magistrate shall inquire into the question of his age and, after tak­ing such evidence (if any) as may be deemed necessary, shall record a finding thereon, crating his  age as  nearly    as may be.

Preliminary inquiry and finding as to age of youthful offender.

(2)A similar inquiry shall be made and finding recorded by every Magistrate not empowered to pass an order under section 8 be­fore submitting his proceedings and forwarding the youthful offender to the District Magistrate us required by section 9, sub-section (1).

12. Every youthful offender directed by a Court or Magistrate to be sent to a Reformatory School shall be sent to such Reformatory School as the [24][Provincial Government] may, by general or special order, appoint for the  reception of youthful offenders so dealt with H; such Court o-r Magistrate:

Government to determine Reformatory School to which such offenders shall be sent.

Provided that, if accommodation in a Reformatory School is not immediately available for such youthful offender, he maybe detained in the juvenile ward or such other suitable part of a prison as the [25][Provincial Government] may direct—

(a)   until he can be sent to a Reformatory School, or

(b)   until the term of his original sentence expires,

whichever event may first happen. Should the term of his original sentence first expire, he shall thereupon be released, but should he be sent to a Reformatory School, then the period of detention previously undergone shall be treated as detention in a Reformatory School.

13. (1) If at any time after  a youthful offender has been sent to Reformatory School it appears to the Committee of Visitors or Board of Management, as the case may  be, that the age of such   youthful offender has been under stated in the order for detention,   and that he will attain the age of eighteen years before the expiration  of the period for which he has been ordered to be detained, they shall report the case for the orders of the [26][Provincial Government].

Persons found to be over eighteen years not to be detained in Reformatory Schools.

(2) No person shall be detained in a Reformatory School after he has been found by the  [27][Provincial Government] to have attai­ned the age of eighteen years.

14.  The [28][Provincial Government] may at any rime order any youthful offender—

Discharge or removal by order of Government.

(a)   to be discharged from a Reformatory School;

(b)   to be removed from one Reformatory School to another such school situate within the territories subject to such Government: Provided that the whole period of his detention in a Reformatory School shall not be increased by such removal.

[29][15.  The Provincial Governments of any two Provinces may after mutual agreement, generally or specially, notify in their respec­tive Official Gazettes that any Reformatory School situated in one of the Provinces shall be available for the reception of youthful offenders directed to be sent to a Reformatory School by any Court or Magistrate in the other Province and may thereupon make provision for the removal of youthful offenders accordingly].

 

Agreement between Provinces.

16. Nothing contained in the [30]Code of Criminal procedure,1882, shall be construed to authorize any Court or Magistrate to alter or reverse in appeal or revision any order passed with respect to the age of a youthful offender or the substitution of an order for detention in a Reformatory School for transportation or imprisonment.

 

Certain orders not subject to appeal or revision.

 

    17.  (1) For the control arid management of every Reformatory School the [31][Provincial Government] shall appoint either (a) a Super­intendent and a Committee of Visitors,   or (b) a Board of Management.

Appointment of Superintendent and Committee of Visitors Board of Management

(2) Every Committee and every Board so appointed must consist of not less than five persons. [32][ * * ]

(3) The [33][Provincial Government] may suspend or remove any Superintendent or any Member of a Committee or Board so appointed.

18. (I) Every Superintendent so appointed may, with the sanction of the Committee, by license under his hand, permit any youthful offender sent to a Reformatory School, who has attained the age of fourteen years, to live under the charge of any trust-worthy and respectable person named in the license, or any officer of Government or of a Municipality, being an employer of labour and willing to receive and take charge of him, on the condition that the employer shall keep such youthful offender employed at some trade, occupation or calling.

Superintendent may license youthful offenders to employers of labour.

(2)  The License shall be in force for three months and no longer, but may, at any time and time to time until the expiration of the period for which the youthful offender has been directed to be detained, be renewed for three months at a time.

   19.  The license shall be cancelled at the desire of the employer named in the license.

Cancellation of license.

 

20.    if during the term of the license the employer  named therein dies, or ceased from business or to employ labour, or the period for which the youthful offender has been directed to be detained in the Re­formatory School expires, the license shall thereupon cease and deter­mine.

 

Determination of license.

21. It appears to the Superintendent that the employer has ill-treated the youthful offender, or has not adequately provided for his lodging and maintenance, the Superintendent may cancel the license.

 

Cancellation of license in case of ill-treatment.

22. (1) The Superintendent of a  Reformatory School shall be  deemed to be the guardian of every youthful offender detained in such school, within the meaning of [34]Act No. XIX of 1850 (concerning the binding of apprentices).

Superintendent to be deemed guardian of youthful offenders.

 

     (2) If it appears to the Superintendent that any youthful off­
ender licensed under section 18 has behaved well during one or more
periods of his license, the Superintendent may, with the sanction of the
Committee, apprentice him under the provisions of the said Act,
and on such apprenticement the right to detain such youthful offender
in a Reformatory School shall cease, and the unexpired term(if any)
of his sentence shall be cancelled.

 

Power to apprentice youthful offenders.

23. (I) Every Committee of Visitors appointed under section 17 for a Reformatory School shall, at least once in every month—

Duties of Committee of Visitors.

 

 

 

 

           

(a)               visit the school, to hear complaints and see that the require­ments of section 6 have been complied with, and that the management of the school is proper in all respects;

(b)        examine the punishment-book;                                       

(c)         bring any special cases to the notice of the Inspector-General ;and                                                                                                   

(d)       see that no person is illegally detained  in the school.


(2) If any member of a Committee of Visitors so appointed fails or neglects, during a period of six consecutive months, to visit the School and assist in the discharge of the duties aforesaid, he shall cease to be a member of such Committee,

24. If, in exercise of the power conferred by section 17, the [35][Provincial Government] appoints a Board of Management for any Reformatory School, such Board shall have the power and perform the functions of the Superintendent under sections 18 to 22, both inclusive; and the license mentioned in section 18 may be under the hand of their chairman; and they shall be deemed to be the guidanceof the youthful offenders detained in such school.

 

Powers of Board of management.

25. The [36][Provincial Government] may declare any body of Trustees or Managers of a school, who are willing to act in conformity with  the rules referred to in section 5, clause (b), to be a Board of  Management under this Act, and thereupon such body or Managers shall have all the powers and perform all the functions of such Board of Management.

 

Power to appoint Trustees or other Managers of a school to be a Board of Management.

26. (1) With the previous sanction of the [37][Provincial Government] every Board of Management of a Reformatory School may from time to time make rules consistent with this Act--

Power of Board to make rules.

(i)    to prescribe the articles  which are  to be deemed to be "prohibited articles";  and

(ii)        to regulate—­

(a)   the conduct of business of the Board;

(b)   the management of the school;

(c)   the education and industrial training of youthful offenders;

(d)   visits to, and  communication with, youthful offenders;

(e)   the terms and conditions under which any articles declared by the Board to be "prohibited articles" may be intro­duced into or removed out of the school;

(f)   the manner in which such articles are to be removed when introduced without due authority;

(g)   the conditions and limitations under which such articles may be supplied outside the school to any youthful offe­nder under order of detention therein;

(h)   the conditions on which die possession by any such youth­ful offender of such articles may be sanctioned;

(i)    the penalties to be imposed for the supply or possession of such articles when supplied or   possessed   without   due authority;

(j)    the punishment of offences com mi tied by youthful offend­ers; and

(k)   the granting of licenses for the employment of youthful offenders.

(2) In the absence of a Board of Management the [38][Provincial Government] may make rules consistent with this Act to regulate for any Reformatory School the matters mentioned in any clause of sub­-section (1), other than clause (II) (a), and also the mode in which the Committee of Visitors shall conduct their business.

IV—OFFENCES in relation to reformatory  schools

27. Whoever, contrary to any rule made under section 26, introduces or removes or attempts by any means whatever to introduce or remove into or from any Reformatory School, or supplies or attempts to supply outside the limits of any   Reformatory School to any youthful offender under order of detention  therein any prohibited article.

 

Penalty for introduction or removal or supply of prohibited articles and any communication with youthful offenders.

and every officer or person in charge of a Reformatory School who, contrary to any such rule, knowingly suffers any such articles to be introduced into or removed from any Reformatory School to be possessed by any youthful offender detained therein, or to be supplied to any such youthful offender outside its limits.

and whoever, contrary to any such rule, communicates or attempts to communicate with any such youthful offender,

and whoever abets any offence made punishable under this section.
shall, on conviction before a Magistrate, be liable to imprisonment to a term not exceeding six months, or to fine not exceeding two hundred rupees, or to both.

    28.  Whoever abets an escape, or an attempt to escape, on the part of   a   youthful  offender from  a  Reformatory School,   or from the employer of such youthful offender, shall be punishable with im­prisonment for a term which may extend to six months or with fine not exceeding two hundred rupees, or with both.

 

Penalty for abetting escape of youthful offender.

29. A Police Officer may, without orders from a Magistrate and without a warrant, arrest any youthful offender sent to a Reformatory School under this Act, who has escaped from such school or from his employer, and take him back to such school or to his employer.

Arrest of escaped youthful offender.

V- -MISCELLANEOUS

30. [Application of Act XIV of 1869 to youthful offenders detain­ed in Reformatory Schools]. Rep. by the Prisoners Act, 1900 (III of 1900).,s. 53 and Schedule III.

      31.  (1) Notwithstanding anything contained in this Act or in any other enactment for the time being in force, any Court may if it shall think fit, instead of sentencing any youthful offender to transportation or imprisonment or directing him to be detained in  a   Reformatory School,   order him to be—    

Power to deal in other ways with youthful offenders including girls.

(a)       discharged after due admonition, or

(b)       delivered to his parent or to his guardian or nearest adult rela­tive, on such parent, guardian or relative executing a bond with or without sureties, as the Court may require, to be responsible for  the good behaviour  of the youthful offender for any period not exceeding twelve months.

(2) For the purposes of this section die term "youthful offender” shall include a girl.

(3) The powers conferred on the Court by this section shall be exercised only by courts empowered by or under section 8.

(4) When any youthful offender is convicted by a Court not empowered to Act under this section and the Court is of opinion that the powers conferred by this section should be exercised in respect of such youthful offender, it may record such opinion and submit the proceedings and forward the youthful offender to the District Magis­trate to whom such Court is subordinate.

(5) The District Magistrate to whom the proceedings are so submitted may thereupon make such order or pass such sentence as he might have made or passed if the case had originally been tried by him.

32. When a youthful offender during his period of detention in a Reformatory School is again convicted by a Criminal Court, the sentence of such Court shall commence at once, notwithstanding anything to the contrary in section 397 of the [[39]Code of Criminal Procedure, 1882, but the Court shall forthwith report the matter to the [40][Provincial Government], which shall have power to deal with the matter in any way in which it thinks fit.

Procedure when youthful offender under detention in a Reformatory School is again convicted and sentenced.

 



[1]For Statement of Objects and Reasons, Gazette of India, 1896, Pt. V,p. 187 ;for Report of the Select Committee, see ibid,1897 PtVI,p. 55; and for Proceedings in Council see ibid, 1896, Pt. V. pp. 222 and 251; and ibid., 1896 Pt. VI, pp. 44 and 68. 
This Act has been declared to be in force in Baluchistan by the British   Baluchistan Laws 1913 (II of 1913). s. 3 and sch. I. 
It has also been extended to the Leased Areas of Baluchistan, see the  Leased  Areas (Laws Order, 1950) (G.G.O. 3 of 1950) : and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I. p. 1499

[2]The word "and" at the end of sub-section (1), and sub-section (2), rep by the Repealing and Amending Act, 1914 (X of 1914), s. 3 and sch. II.

[3]The word "and" at the end of sub-section (1), and sub-section (2), rep by the Repealing and Amending Act, 1914 (X of 1914), s. 3 and sch. II.

[4] Subs, by A.O., 1949, Sch., for the original sub-section (3) as amended by A. O., 1937. 

[5]Subs, by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch., for "all the Provinces" (with effect from 14th October, 1955).

[6]Subs, by A.O., 1964, Art. 2 and Sch., for certain words as amended by the Repealing, and Amending Ordinance, 1961 (I of 1961), and A.O., 1961.

[7]Subs, by Khyber Pakhtunkhwa .A,L.O. 1975.. West Pakistan"

[8]Subs. Vide The Khyber Pakhtunkhwa Act, IV of 2011, dated 02-04-2011

[9]Subs, by Khyber Pakhtunkhwa .A,L.O. 1975.. West Pakistan"

[10]Subs. Vide The Khyber Pakhtunkhwa Act, IV of 2011, dated 02-04-2011

[11]Subs. by A.O, 1937, for “Local Government.”

[12]Clause (c) omitted by A.O, 1949, Sch

[13]The words “with the previous sanction of the G.G. in C.” rep. by the Decentralization Act, 1914 (II of 1914). S. 2 and Sch. Pt.I.

[14]Subs. by A.O, 1937, for “Local Government.”

[15]Subs. by A.O, 1937, for “Local Government.”

[16]Subs, by A.O., 1937   "For local official Gazette' 

[17]Subs. by A.O, 1937, for “Local Government.”

[18]Subs. by A.O, 1937, for “Local Government.”

[19]Subs. by A.O, 1937, for “Local Government.”

[20]Subs. by A.O, 1937, for “Local Government.”

[21]Subs. by A.O, 1937, for “Local Government.”

[22]Subs. by A.O, 1937, for “Local Government.”

[23]For rules made under this clause by the Punjab Government, see Punjab Gazette, dated the 2ndOctober, 1903, Extraordinary, p.3.

[24]Subs. by A.O, 1937, for “Local Government.”

[25]Subs. by A.O, 1937, for “Local Government.”

[26]Subs. by A.O, 1937, for “Local Government.”

[27]Subs. by A.O, 1937, for “Local Government.”

[28]Subs. by A.O, 1937, for “Local Government.”

[29]Subs. by A.O, 1937,for “Local Government.”

[30]. Now the Code of Criminal Procedure, 1898 (V 1898).

[31]Subs. by A.O, 1937, for “Local Government”.

[32]The Apprentices Act, 1850.

[33]Subs. by A.O, 1937, for “Local Government”.

[34]The apprentices Act, 1850.

[35]Subs. by A.O, 1937, for “Local Government”.

[36]Subs. by A.O, 1937, for “Local Government”.

[37]Subs. by A.O, 1937, for “Local Government”.

[38]Subs. by A.O, 1937, for “Local Government”.

[39].Now the Code of Criminal Procedure, 1898 (V of 1898).

[40]Subs. by A.O, 1937, for “Local Government”.