[1]THE REFORMATORY SCHOOLS ACT, 1897
( 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. Title and extent.— (1) This Act may
be called the Reformatory Schools Act, 1897: [2][
* * * ]
3[
* * * * * * * * ]
[3][(3) This
section and section 2 shall extend to [4][the
whole of Pakistan]. [5][The
other sections shall extend in the first instance to Sind and the Karachi
Division and East Pakistan, but the Government of [6][the Punjab]
may at any time, by notification in the Official Gazette, extend these sections
to other parts of [7][the Punjab]
from such day as may be fixed in any such notification].
2 and 3. [Repeals]. Repealed by the Repealing Act, 1938
(1 of 1938), section 2 and Schedule.
4. Definitions.— In this Act, unless
there is anything repugnant in the subject or context,—
(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 [8][Provincial
Government] to perform all or any of the duties imposed by this Act on the
Inspector-General: and
[9][
* * * * * * * ]
II—REFORMATORY SCHOOLS
5. Power to establish and discontinue Reformatory Schools.—
(a)
establish and maintain Reformatory Schools 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 [12][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.
Requisites
of schools.— Every school so established or used must provide— (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.
Inspection
of Reformatory Schools.— (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 [13][Official
Gazette], together with an order of the [14][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.
(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 [15][Provincial
Government] a report on the condition of the school in such form as the 17[ Provincial Government] may prescribe.
8.
Power of
Courts to direct youthful offenders to be sent to Reformatory Schools.— (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 [16][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.
(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 19[Provincial Government] in this behalf, and
may be exercised by such Courts whether the case comes before them originally
or on appeal.
(a)
defining what youthful offenders should be sent to
Reformatory Schools, having regard to the nature of their offences or other
considerations, and
(b)
regulating the periods for which youthful offenders may
be sent to such schools according to their ages or other considerations.
9.
Procedure
where Magistrate is not empowered to pass an order under section 8.— (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.
(2)
The Magistrate to whom the proceedings are so submitted
may make such further inquiry (if any) as he may think fit and 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.
Power of
Magistrates to direct boys under fifteen sentenced to imprisonment to be sent
to Reformatory Schools.— 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 authorised.
11.
Preliminary
inquiry and finding as to age of youthful offender.— (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, stating his age as nearly as may be.
(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 as required by section 9, sub-section (1).
12.
Government
to determine Reformatory School to which such offenders shall be sent.—
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 [18][Provincial
Government] may, by general or special order, appoint for the reception of
youthful offenders so dealt with by such Court or Magistrate:
Provided that,
if accommodation in a Reformatory School is not immediately available for such
youthful offender, he may be detained in the juvenile ward or such other
suitable part of a prison as the [19][
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.
Persons
found to be over eighteen years not to be detained in Reformatory Schools. —
(1) If at any time after a youthful offender has been sent to a 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 understated 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 23[
Provincial Government ].
(2)
No person shall be detained in a Reformatory School
after he has been found by the [20][
Provincial Government] to have attained the age of eighteen years.
14.
Discharge or
removal by order of Government.— The [21][Provincial
Government] may at any time order any youthful offender—
(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.
[22][15. Agreement between Provinces.— 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 provisions
for the removal of youthful offenders accordingly].
16. Certain orders
not subject to appeal or revision.— Nothing contained in the [23]Code of
Criminal Procedure, 1882, shall be construed to authorise 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.
III—MANAGEMENT OF REFORMATORY SCHOOLS
17. Appointment of Superintendent and Committee of Visitors or Board of
Management.
— (1) For the
control and management of every Reformatory School, the [24][29][Provincial Government] shall appoint
either (a) a Superintendent and a Committee of Visitors, or (b) a Board of
Management.
(2)
Every Committee and every Board so appointed must
consist of not less than five persons29[.] [25][ * * * ]
(3)
The [26][Provincial
Government] may suspend or remove any Superintendent or any Member of a
Committee or Board so appointed.
18.
Superintendent
may license youthful offenders to employers of labour.— (1) 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.
(2) The license
shall be in force for three months and no longer, but may, at any time and from
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.
Cancellation
of license.— The license shall be cancelled at the desire of the employer
named in the license.
20.
Determination
of license.— If during the term of the license the employer named therein
dies, or ceases 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.
21.
Cancellation
of license in case of ill-treatment.— If 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.
22. Superintendent to be deemed guardian of youthful offenders.— (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 32Act No. XIX of 1850 (concerning the binding of apprentices).
Power to apprentice youthful offender.—
(2) If it appears to the Superintendent that any youthful offender 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.
23.
Duties of
Committee of Visitors.— (1) Every Committee of Visitors appointed under
section 17 for a Reformatory School shall, at least once in every month—
(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.
Powers of
Board of Management.— If, in exercise of the power conferred by section 17,
the [27][Provincial
Government] appoints a Board of Management for any Reformatory School, such
Board shall have the powers and perform the functions of the Superintendent
under sections 18 to 22, both inclusive; and the license mentioned in sections
18 may be under the hand of their chairman; and they shall be deemed to be the
guardians of the youthful offenders detained in such school.
25.
Power to
appoint Trustees or other Managers of a school to be a Board of Management.—
The [28][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.
26.
Power of
Board to make rules.— (1) With the previous sanction of the [29][Provincial
Government], every Board of Management of a Reformatory School may from time to
time make rules consistent with this Act—
(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 the 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 committed 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 [30][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.
Penalty for
introduction or removal or supply of prohibited articles and communication with
youthful offenders.— 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,
and every officer or person in charge of a Reformatory School who, contrary to any
such rule, knowingly suffers any such article 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 for a term not exceeding six months, or to fine not exceeding two
hundred rupees, or to both.
28.
Penalty for
abetting escape of youthful offender.— 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.
29.
Arrest of
escaped youthful offender.— 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.
V—MISCELLANEOUS
30.
[Application of Act XIV of 1869 to youthful
offenders detained in Reformatory Schools]. Repealed by the Prisoners Act, 1900
(III of 1900), section 53 and
Schedule III.
31.
Power to
deal in other ways with youthful offenders including girls.— (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
(a)
discharge 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 the 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.
Procedure
when youthful offender under detention in a Reformatory School is again
convicted and sentenced.— 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 [31]Code
of Criminal Procedure, 1882, but the Court shall forthwith report the matter to
the [32][Provincial
Government], which shall have power to deal with the matter in any way in which
it thinks fit.
[1]
For statement of objects and reasons, see
Gazette of India, 1896, Pt. V, p. 187; for Report of the Select Committee, see ibid., 1397, Pt. VI 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 had been
declared to be in force in Baluchistan by the British Baluchistan Laws
Regulation, 1913 (II of 1913), section 3 and Schedule I. It had 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), repealed by
the Repealing and Amending Act, 1914 (X of 1914), section 3 and Schedule II. 3Ibid.
[3]
Substituted by the Adaptation of Central Acts and Ordinances Order, 1949
(G.G.O. 4 of 1949), Schedule, for the original sub-section (3) as amended by
the Government of India (Adaptation of Indian Laws) Order, 1937, Supplementary
Order, 1937.
[4]
Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960),
section 3 and 2nd Schedule, for “all the Provinces” (with effect from 14th
October, 1955).
[5]
Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964),
Art. 2 and Schedule, for certain words as amended by the Repealing and Amending
Ordinance, 1961 (I of 1961), and the Central Laws (Adaptation) Order, 1961
(P.O. 1 of 1961).
[6]
[7]Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “West Pakistan”.
[7]
Ibid.
[8]
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, for “Local Government”.
[9]
Clause (c) omitted by the Adaptation of Central Acts and Ordinances Order, 1949
(G.G.O. 4 of 1949), Schedule.
[10]
The words “with the previous sanction of the G.G. in C”. Repealed by the Decentralization
Act, 1914 (IV of 1914), section 2 and Schedule, Pt. I.
[11]
Laws) Supplementary Order, 1937, for “Local Government”.
[12]
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, for “Local Government”.
[13]
Substituted ibid., for “local
official Gazette”.
[14]
Substituted ibid., for “Local
Government”.
[16]
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, for “Local Government”. 19Ibid.
[17]
Ibid.
[18]
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, for “Local Government”.
[19]
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, for “Local Government”. 23Ibid.
[20]
Ibid.
[21]
Ibid.
[22]
Laws) Supplementary Order, 1937.
[23]
X of 1882, subsequently replaced by the Code of Criminal Procedure, 1898 (V of
1898).
[24]
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, for “Local Government”. 29Substituted by the Reformatory Schools (Punjab
Amendment) Ordinance, 1984 (XXIX of 1984).
[25]
Deleted ibid.
[26]
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, for “Local Government”. 32The Apprentices Act, 1850.
[27]
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, for “Local Government”.
[28]
Ibid.
[29]
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, for “Local Government”.
[30]
Laws) Supplementary Order, 1937, for “Local Government”.
[31]
X of 1882, subsequently replaced by the Code of Criminal Procedure, 1898 (V of
1898).
[32]
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, for “Local Government”.
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