Reformatory Schools Act, 1897
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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 [Repealed]. 4.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 [Repealed]. 31.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). 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
(2)
[3][
* *
* ] [4][(3)]This section and
section 2 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.]
(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;
(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.
(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.
(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.
(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.
(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.
(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).
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.
(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.
(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.
(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.
(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.
(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.
(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
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.
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.
(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.
[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. [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”. |