Updated: Sunday November 18, 2012/AlAhad
Muharram 05, 1434/Ravivara
Karthika 27, 1934, at 07:24:30 PM
The
(Punjab Act XI of 1926)
C O N T E N T S
Sections
1. Short
title, extent and commencement.
2. Definitions.
3. Establishment of Borstal Institutions.
4. Appointment of Director of Borstal
Institutions, officers and visiting committees.
5. Powers of courts to pass a sentence of
detention in a Borstal Institution in the case of convict under twenty-one
years of age in lieu of transportation or rigorous imprisonment.
6. Special powers of District Magistrate.
7. Detention of prisoners
confined in the Lahore Borstal Jail.
8. Power of Superintendent of Jail to
present prisoner less than 21 years of age before District Magistrate for
detention in a Borstal Institution.
9. When action may not be taken under
section 8.
10. Application of the Code of Criminal
Procedure, 1898 and the Limitation Act, 1908 and provisions for appeal and
revision.
11. No person who has been once detained to
be detained again.
12. Release on furnishing security.
13. Enquiry to be made regarding the age of
the offender before the passing of an order of detention.
14. Magistrate to give grounds of his
opinion before ordering detention.
15. Power to release on license.
16. Absence under license to be counted
towards period of detention.
17. Form of license.
18. Suspension and revocation of licenses.
19. Penalty for escape.
20. Incorrigibles.
21. Inmates appointed officers to be public
servants.
22. Extra-mural custody, control and
employment to inmates.
23. Penalty for introduction or removal of
prohibited articles into or from Borstal Institutions and communication with
inmates.
24. Power to arrest for offences under
section 23.
25. Publication of penalties.
26. Officers-in-charge of Borstal
Institutions to detain persons duly committed to their custody.
27. Officers-in-charge of Borstal
Institutions to return orders, etc., after execution or discharge.
28. Powers for officers-in-charge of
Borstal Institutions to give effect to orders of certain courts.
29. Warrant of officers of such Courts to
be sufficient authority.
30. Procedure where officer incharge of
Borstal Institution doubts the legality of order sent to him for execution.
31. Lunatic inmates, how to be dealt with.
32. Application to Borstal Institution of
certain provisions of the Prisons Act, 1894; and the Prisoners Act, 1900.
33. How punishment of whipping may be
inflicted on an inmate.
34. Power to make rules under the Act.
35. Powers of the Provincial Government to
vary age limit, and to apply the Act to females.
36. Whipping not to be inflicted on
females.
[1][1]The
(Punjab Act XI of 1926)
[27 August 1926]
An Act to make provision for the establishment
and regulation of Borstal Institution in the
Preamble.— WHEREAS it is expedient to make provision for the establishment and
regulation of Borstal Institutions in the
It is hereby enacted as follows:---
1. Short
title, extent and commencement.— (1) This Act may be called the Punjab Borstal
Act, 1926.
(2) It
extends to the
(3) It
shall come into force on such date[2][2] as the [3][3][Provincial
Government] may by notification appoint in this behalf.
2. Definitions.— In this
Act unless there is anything repugnant in the subject or context,—
(1) “Borstal Institution” means a place in which
offenders may be detained under this Act and given such industrial training and
other instruction and subjected to such disciplinary and moral influences as
will conduce to their reformation;
(2) “detained” means detained in, and “detention”
means “detention” in a Borstal Institution.;
(3) “inmate” means any person ordered to be
detained;
(4) “offence” means—
(i) an offence punishable with transportation or rigorous imprisonment
under the [4][4][
(a) an offence punishable with death;
(b) an offence punishable under Chapter V-A or
Chapter VI of the said Code;
(ii) an offence punishable with imprisonment under the Public Gambling
Act, 1867[6][6];
(iii) an offence punishable with imprisonment under the Opium Act, 1878[7][7];
(iv) an offence punishable with imprisonment under the Punjab Excise
Act, 1914[8][8];
(5) “officer” means an officer of a Borstal
Institution appointed in such manner as may be prescribed;
(6) “prescribed” means prescribed by rules made by
the [9][9][Provincial
Government] under the provisions of this Act;
(7) “security for good behaviour” means security
for good behaviour otherwise than for political activities under section 109 or
section 110 of the Code of Criminal Procedure, 1898[10][10];
(8) “Superintendent” means a Superintendent of a
Borstal Institution appointed in such manner as may be prescribed.
3. Establishment
of Borstal Institutions.— For the purposes of this Act the [11][11][Provincial
Government] may establish one or more Borstal Institutions.
4. Appointment of Director of Borstal Institutions, officers
and visiting committees.— (1) The [12][12][Provincial Government] shall appoint any person not being a police
officer, to be Director of Borstal Institutions, and he shall exercise, subject
to the orders of [13][13][Provincial Government], general control and superintendence of all
Borstal Institutions.
(2) For every Borstal Institution the [14][14][Provincial Government] shall appoint a Superintendent, and such other
officers as may be necessary.
(3) For
every Borstal Institution a visiting committee shall be appointed in such
manner as may be prescribed.
5. Powers
of courts to pass a sentence of detention in a Borstal Institution in the case
of convict under twenty-one years of age in lieu of transportation or rigorous
imprisonment.— (1) When any male person less than twenty-one years
of age is convicted of an offence by a court of sessions, a Magistrate
specially empowered under section 30 of the Code of Criminal Procedure, 1898[15][15], or a Magistrate of
the first class, or is ordered to give security for good behaviour and fails to
give such security, and when by reason of his criminal habits or tendencies or
associations with persons of bad character it is expedient in the opinion of
the Judge or Magistrate, that he should be detained, such Judge or Magistrate
may, in lieu of passing a sentence of transportation or rigorous imprisonment,
pass an order of detention for a term which shall not be less than two years
and shall not exceed seven years when the orders passed by a court of sessions
or a Magistrate specially empowered under section 30 of the Code of Criminal
Procedure, 1898[16][16], and shall not be
less than two years nor exceed three years, when the order is passed by a Magistrate
of the first class not so empowered.
(2) When
any Magistrate not empowered to pass such order is of opinion that an offender
convicted by him is a person in respect of whom such order should be passed in
accordance with the provisions of sub-section (1) he may, without passing any
sentence, record such opinion and submit his proceedings and forward the
accused to the District Magistrate whom he is subordinate.
(3) The
District Magistrate to whom the proceedings are so submitted may make such further
enquiry (if any) as he may deem fit and pass such order for the detention of
the offender or such other sentence or order, as he might have passed if the
trial had been held by him from its commencement.
6. Special
powers of District Magistrate.— When any male person less than twenty-one
years of age has been sentenced for an offence by a Magistrate to rigorous
imprisonment, or when ordered by a Magistrate to give security, for good
behaviour has failed to give such security, and has been committed to or
confined in prison and no appeal has been preferred against such sentence or
order within the time prescribed by law and when by reason of such person’s
criminal habits or tendencies or association with persons of bad character it
is expedient, in the opinion of the District Magistrate, that he should be
detained, the District Magistrate may order that such persons shall in lieu of
undergoing imprisonment be detained for a period not less than two years nor
more than three years.
7. Detention
of prisoners confined in the Lahore Borstal Jail.— If it appears to the
[17][17][Provincial
Government] that any male person, less than twenty-one years of age, who,
having been sentenced to rigorous imprisonment for an offence or having been
committed to or confined in prison for failing to give security for good
behaviour, is at the time of the commencement of this Act confined in the
Lahore Borstal Jail, should for the reasons described in sub-section (1) of
section 5 be detained, the [18][18][Provincial
Government] may direct that he be detained for a period not exceeding the
residue of his sentence of the period for which security was required, as the
case may be, provided that such order shall be subject as regards the period of
detention to any order passed on appeal against or revision of the sentence or
order of commitment or confinement in prison.
8. Power
of Superintendent of Jail to present prisoner less than 21 years of age before
District Magistrate for detention in a Borstal Institution.— Whenever
it appears to the Superintendent of a Jail that any male person less than
twenty-one years of age sentenced to transportation or rigorous imprisonment
for an offence or committed to or confined in prison for failing to give
security for good behaviour should for the reasons described in sub-section(1)
of section 5 be detained, he shall cause such prisoner to be produced before
the District Magistrate in whose jurisdiction the Jail is situated, and if the
District Magistrate after making such enquiry as he may deem proper or as may
be prescribed is satisfied that the prisoner should for the reasons described
in the said sub-section be detained, he may order the prisoner to be removed
from jail and detained for a period equal to the unexpired term of the
transportation or imprisonment to which he was sentenced, or of the period for
which security was required from him, as the case may be.
9. When
action may not be taken under section 8.— No order shall be
made under the provisions of section 8—
(i) until
the time allowed by law for the prisoner to appeal has expired or if an appeal
has been preferred until such appeal has been finally decided; or
(ii) if
an application made on appeal or otherwise to have the sentence altered into an
order of detention, has been rejected by an Appellate Court or the High Court;
or
(iii) in
the case of any person who has been sent to a Reformatory School in accordance
with the provisions of the Reformatory Schools Act, 1897[19][19].
10. Application of the Code of Criminal
Procedure, 1898 and the
[20][20][* * *] Limitation Act,
1908 and provisions for appeal and revision.—
(1) Subject to the provisions of sub-section (2) of this section the provisions
of the Code of Criminal Procedure, 1898[21][21], relating to appeal, reference and revision and Articles 154 and 155 of
the [22][22][* * *] Limitation Act, 1908[23][23], shall apply in the case of an order of detention passed under section
5 as if the order has been a sentence of imprisonment for the same period as
the period for which detention was ordered.
(2) Notwithstanding
anything contained in section 423 of the Code of Criminal Procedure, 1898[24][24], when a person who
at the time of his conviction was less than twenty-one years of age has been
convicted of an offence or when such person on being ordered to furnish
security for good behaviour has failed to furnish such security, an Appellate
Court or the High Court in the exercise of its powers of revision, may in
pursuance of sub-section (1) and the provisions of the Code of Criminal
Procedure, 1898[25][25], and after making
such inquiry as it may deem fit, alter a sentence of imprisonment or an order
of commitment to prison under section 123 of the Code of Criminal Procedure to
an order of detention, if for reasons described in sub-section (1) of section
5, it considers such alteration expedient, and may alter an order of detention
to a sentence of imprisonment or an order of commitment to prison under section
123 of the Code of Criminal Procedure, as the case may be, provided that the
sentence of imprisonment, order of commitment, or order of detention, shall not
be in excess of the powers of the trial Magistrate or Court.
(3) Any
person who has been ordered to be detained in a Borstal Institution under the
provisions of section 6 for a period to expire after the term of imprisonment
to which he was sentenced would expire had the orders not been passed may,
subject to the provisions of sub-section (5), appeal to the Sessions Judge, and
the Sessions Judge may either confirm the order or set it aside and restore the
sentence of imprisonment or if the order is for more than two years reduce it
to a term not shorter than two years nor shorter than the residue of
imprisonment to which the offender was sentenced.
(4) Any person ordered by a Sessions Judge
under the provisions of sub-section (3) to be detained for a period to expire
after the term of imprisonment to which he was sentenced would expire had such
order not been passed, may, subject to the provisions of sub-section (5),
appeal within thirty days of the order to the High Court and the High Court may
pass any such order as the Sessions Judge might have passed.
(5) An
appeal shall not lie under sub-section (3) or sub-section (4) against a
conviction or on any finding of fact but only on the ground that the order
appealed against is illegal or unduly severe.
11. No person who has been once detained to be detained again.— No person who has been previously detained for the whole period
prescribed in an order of detention or who has been transferred to jail under section
20 of this Act, shall again be ordered to be detained.
12. Release
on furnishing security.— Any person detained for failure to furnish
security shall be released on furnishing such security.
13. Enquiry
to be made regarding the age of the offender before the passing of an order of
detention.— (1) Before passing an order of detention under this
Act the Magistrate, District Magistrate or Court, as the case may be, shall
enquire or cause enquiry to be made into the question of the age of the
offender, and after taking such evidence (if any) as may be deemed necessary or
proper shall record a finding thereon.
(2) A similar enquiry shall be made and
finding recorded by every Magistrate not empowered to pass an order of
detention under this Act before submitting his proceedings and forwarding the
accused to the District Magistrate as required by sub-section (2) of section 5
of this Act.
14. Magistrate to give grounds of his opinion before ordering
detention.— When any Magistrate, District
Magistrate or Court orders an offender to be detained, he or it, as the case
may be shall record the grounds of his or its opinion that it is expedient that
the offender be detained.
15. Power to release on license.—
Subject to any general or special directions of [26][26][Provincial Government], the visiting committee with the sanction of the
Director of Borstal Institutions, may at any time after the expiration of
one-third of the period of detention, or of two years, whichever is shorter, if
satisfied that the inmate is likely to abstain from crime, and lead a useful
and industrious life, by license permit him to be discharged from the
supervision or authority of any [27][27][servant of the State] or (secular) institution or person or religious
society (professing the same religion as the inmate) named in the licence who
may be willing to take charge of him. A license granted under this section
shall be in force until the term for which the inmate was ordered to be
detained has expired unless sooner suspended, revoked or forfeited.
16. Absence under license to be counted towards period of detention.— The time during which an inmate is absent under license from a Borstal
Institution shall be reckoned as part of the period of detention.
17. Form
of license.— Every license granted under the provisions of section
15 shall be in such form and shall contain such conditions as the [28][28][Provincial
Government] may, by general or special order, direct.
18. Suspension and revocation of licenses.— Subject to any general or special directions of the [29][29][Provincial Government], a license granted under section 15 may be
suspended for a period not exceeding three months by the Superintendent of a
Borstal Institution or revoked at any time by the visiting committee on the
recommendation of the Director of Borstal Institutions. Where the license of
any inmate has been suspended or revoked he shall return to the Borstal
Institution, and if he fails to do so he may be arrested without warrant and
taken to the institution.
19. Penalty for escape.— If any inmate escapes
from a Borstal Institution before the expiry of the period for which he was
ordered to be detained or if any inmate absent on license from a Borstal
Institution escapes from the supervision or authority of any Government officer
or (secular) institution or person or religious society in whose charge he was
placed or fails on the suspension or revocation of his license to return to the
Borstal Institution, he may on conviction by a Magistrate be punished with
imprisonment of either description for a term which may extend to two years or
with fine or with both, and his license shall be forfeited with effect from the
date of his escape or failure to return, as the case may be.
An offence under this section shall
be deemed to be a cognizable offence within the definition of that term in the
Code of Criminal Procedure, 1898[30][30].
20. Incorrigibles.— Where an inmate is
reported to the [31][31][Provincial Government] by the visiting committee to be incorrigible or
to be exercising a bad influence on the other inmates of the institution or is
convicted under section 19 of this Act, or is reported by the Superintendent to
have committed an offence which has been declared to be a major Borstal
Institution offence by rules made by the [32][32][Provincial Government] in pursuance of the provisions of sub-section
(14) of section 34 of this Act, the [33][33][Provincial
Government] may commute the residue of the term of detention to such term of
imprisonment of either description not exceeding such residue as the [34][34][Provincial Government] may direct, and may order the transfer of the
inmate to any jail in the Punjab in order to complete the said term of
imprisonment.
21. Inmates appointed officers to be public servants.— Inmates who have been appointed as officers shall be deemed to be
public servants within the definition of that term in the [35][35][
22. Extra-mural custody, control and employment to inmates.— An inmate when being taken to or from any Borstal Institution in which
he may be lawfully detained or whenever he is working outside or is otherwise
beyond the limits of any such Borstal Institution in or under the lawful
custody or control of an officer belonging to such Borstal Institution shall be
deemed to be under detention and shall be subject to all the same incidents as
if he were actually in a Borstal Institution.
23. Penalty for introduction or removal of prohibited articles into
or from Borstal Institutions and communication with inmates.— Whoever, contrary to any rule under section 34, introduces or removes,
or attempts by any means whatever to introduce or remove, into or from any
Borstal Institution, or supplies or attempts to supply to any inmate outside
the limits of such Institution any prohibited article,
and every
officer of a Borstal Institution who, contrary to any such rule, knowingly
suffers any such articles to be introduced into or removed from any Borstal
Institution to be possessed by any inmate, or to be supplied to any inmate
outside the limits of Borstal Institution,
and
whoever contrary to any such rule, communicates or attempts to communicate with
any inmate,
and
whoever abets any offence made punishable by 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.
24. Power to arrest for offences under section 23.— When any person, in the presence of any officer of a Borstal
Institution commits any offence specified in the last foregoing section, and
refuses on demand of such officer to state his name and residence, or gives a
name or residence which such officer knows, or has reason to believe, to be
false, such officer may arrest him, and shall without unnecessary delay make
him over to a police officer, and thereupon such police officer shall proceed
as if the offence had been committed in his presence.
25. Publication
of penalties.— The Superintendent shall cause to be affixed, in a
conspicuous place outside the Borstal Institution, a notice in English and [37][37][Urdu] setting forth
the acts prohibited under section 23 and the penalties incurred by their
commission.
26. Officers-in-charge of Borstal Institutions to detain persons duly
committed to their custody.— The officer-in-charge of
a Borstal Institution shall receive and detain all persons duly committed to
his custody under this Act according to the directions contained in the order
by which such person has been committed or until such person is discharged or
removed in due course of law.
27. Officers-in-charge of Borstal Institutions to return orders,
etc., after execution or discharge.—
The officer-in-charge of a Borstal institution shall forthwith after the
execution of every such order as aforesaid or after the discharge of the person
committed thereby, return such order to the Magistrate, District Magistrate or
Court by which the same was issued or made, together with a certificate
endorsed thereon and signed by him showing how the same has been executed or
why the person committed thereby has been discharged from detention before the
execution thereof.
28. Powers
for officers-in-charge of Borstal Institutions to give effect to orders of
certain courts.— (1) Officers-in-charge of Borstal Institutions may
give effect to any order for the detention of any person passed or issued—
[38][38][(a) by any Court or Tribunal acting within or
without
(b) by
any Court or Tribunal in [40][40][any [41][41][acceding] State]—
(i) [42][42][* * * * * * * *
* *]
(ii) if the reception or detention [43][43][in the
[45][45][(c) by any other Court or Tribunal in any [46][46][acceding] State with
the previous sanction of the Provincial Government in the case of each such
order.]
(2) Where a Court or Tribunal [47][47][in an [48][48][acceding] State has passed
an order which can not be executed without the concurrence of a [49][49][servant of the state], and such order has been considered on the merits
and confirmed by any such officer specially authorised in that behalf, such
order and any order issued in pursuance thereof, shall be deemed to be the
order of Court or Tribunal acting under the authority of the [50][50][Central Government] [51][51][* * *].
29. Warrant of officers of such Courts to be sufficient authority.— An order under the official signature of an officer of such Court or
Tribunal as is referred to in section 28 shall be sufficient authority for
detaining any person, in pursuance of the order passed upon him.
30. Procedure where officer incharge of Borstal Institution doubts
the legality of order sent to him for execution.—
(1) Where an officer incharge of a Borstal Institution doubts the legality of
an order sent to him for execution, or the competency of the person whose
official seal or signature is affixed thereto to pass the order he shall refer
the matter to the [52][52][Provincial Government] by whose order on the case he and all other
public officers shall be guided as to the future disposal of the inmate.
(2) Pending
a reference made under sub-section (1), the inmate shall be detained in such
manner, and with such restrictions or mitigations as may be specified in the
warrant or order.
31. Lunatic
inmates, how to be dealt with.— (1) Where it appears to the [53][53][Provincial
Government] that any person detained under any order is of unsound mind the [54][54][Provincial Government]
may order his removal to lunatic asylum or other place of safe custody within
the [55][55][Punjab], there to be
kept and treated as the [56][56][Provincial
Government] directs during the remainder of the term for which he has been
ordered to be detained or, if on the expiration of that term it is certified by
a medical officer that it is necessary for the safety of the inmate or others
that he should be further detained under medical care or treatment, then until
he is discharged according to law.
(2) Where it appears to the [57][57][Provincial Government] that an inmate so kept and treated has become of
sound mind, the [58][58][Provincial Government] shall, by a warrant directed to the person
having charge of the inmate, if still liable to be detained, remand him to the
Borstal Institution from which he was removed or to another Borstal Institution
within the [59][59][Punjab] or, if he is no longer liable to be detained, order him to be
discharged.
(3) The
provisions of section 31 of the [60][60][* * *] Lunacy Act,
1912[61][61], shall apply to
every person confined in a lunatic asylum under sub-section (1) after the
expiration of the term for which he was ordered to be detained; and the time
during which an inmate is confined in a lunatic asylum under that sub-section shall
be reckoned as part of the term of detention which he may have been ordered to
undergo.
(4) In any case in which a [62][62][Provincial Government] is competent under sub-section (1) to order the
removal of an inmate to a lunatic asylum or other place of safe custody within
the [63][63][Punjab], the [64][64][Provincial Government] may order his removal to any such asylum or
place within any other Province or within, [65][65][any [66][66][acceding] State] by agreement with the [67][67][Provincial Government] of such other Province or with [68][68][that State or the Ruler thereof], as the case may be, and the
provisions of this section respecting the custody, detention, remand and
discharge of an inmate removed under sub-section (1) shall, so far as they can
be made applicable, apply to an inmate removed under this sub-section.
32. Application
to Borstal Institution of certain provisions of the Prisons Act, 1894; and the
Prisoners Act, 1900.— Subject to the provisions of section 33 of
this Act, the provisions of section 12 and Chapter XI of the Prisons Act, 1894[69][69] and of sections 35
to 50 (inclusive) and the rules made by the [70][70][Provincial
Government],
[71][71][* * *] under section
51 of the Prisoners Act, 1900[72][72], shall apply as far
as may be to Borstal Institutions established under this Act, and all reference
to prisoners, imprisonment or confinement in the said sections, chapters and
rules shall be construed as referring to inmates, Borstal Institutions and
detention.
33. How
punishment of whipping may be inflicted on an inmate.— For the
purpose of punishing Borstal Institution offences, whipping shall be inflicted
upon the palm of the hand only.
34. Power
to make rules under the Act.— The [73][73][Provincial
Government] may make rules after previous publication consistent with this Act—
(1) for
the regulation, management and classification of Borstal Institutions
established under this Act and the description and construction of wards, cells
and other places of detention;
(2) for
the regulation by number or otherwise of the inmates to be detained in each
class of institution;
(3) for
defining the powers and duties of the Director of Borstal Institutions;
(4) for
the government of Borstal Institutions, and the appointment, guidance, control,
punishment and dismissal of Superintendents and other officers employed in
Borstal Institutions, and for the defining of their responsibilities, duties,
disabilities and powers;
(5) for
the maintenance of records, and the preparation and submission of reports;
(6) for
the selection and appointment of inmates as inmate officers and their reduction
and dismissal and for defining the responsibilities, duties and powers of such
officers;
(7) for
the temporary detention of inmates until arrangement can be made for their
admission to Borstal Institutions;
(8) for
the admission, removal and discharge of inmates and for the disposal of their
effects during their detention;
(9) for
feeding, clothing and bedding of inmates;
(10) for
the custody, discipline, grading, treatment, education, training and control of
inmates;
(11) for
the employment, instruction and control on inmates within or without Borstal
institutions, the disposal of the proceeds of their labour;
(12) for
the treatment of sick inmates;
(13) for
classifying and prescribing the forms of education, instruction, employment and
labour and regulating the periods of rest;
(14) (i) for defining the acts, which shall constitute
Borstal Institution offences;
(ii) for determining the classification of Borstal Institution offences
into major and minor offences;
(iii) for fixing the punishment admissible under this Act which shall be
awardable for commission of Borstal Institution offences or classes thereof;
(iv) for declaring the circumstances in which acts constituting both a
Borstal Institution offence and an offence under the [74][74][
(v) for the award of marks and the shortening of period of detention;
(vi) for regulating the use of arms against any inmate or body of
inmates and the use of fetters in the case of an outbreak or attempt to escape;
(vii) for defining the circumstances and regulating the conditions under
which inmates in danger of death may be released;
(viii) for regulating the transfer from one part of [76][76][
(15) for
defining articles the introduction or removal of which into or out of Borstal
institutions without due authority is prohibited;
(16) for
the classification and the separation of inmates;
(17) for
rewards for good conduct;
(18) for
regulating the transfer of inmates from one Borstal Institution to another or
to an hospital or asylum and from a Borstal Institution to a prison or from a
prison to a Borstal Institution;
(19) for
the treatment, transfer and disposal of criminal lunatics or recovered criminal
lunatics confined in Borstal institutions;
(20) for
regulating the transmission of appeals and petitions from inmates and their
communications with their friends;
(21) for
the appointment and guidance of visitors of Borstal institutions;
(22) for
prescribing conditions on which licenses may be granted, suspended, revoked or
cancelled;
(23) for
the appointment, powers and control of parole officers;
(24) for
defining the powers and duties of after-care societies and guardians and the
conditions on which financial assistance may be given to them;
(25) for
the appointment of visiting committees; and
(26) generally
for all purposes consistent with this Act.
35. Powers
of the Provincial Government to vary age limit, and to apply the Act to
females.— The [77][77][Provincial
Government] after giving by notification in the official gazette not less than
three months’ notice of his intention to do so may, by like notification—
(1) direct
that the provisions of section 5, 6 and 8 shall extend to persons under such
age not less than twenty-one nor more than twenty-three as may be specified in
the direction and upon such direction being notified, the said sections shall
whilst the direction is in force have effect as if the specified age were
substituted for “twenty-one”;
(2) direct
that the provisions of sections 5, 6 and 8 shall extend to females, and upon
such direction being notified the said sections shall whilst the direction is
in force have effect as if the word “male” were omitted.
36. Whipping not to be inflicted
on females.—
Notwithstanding the provisions of clause (2) of section 35 the punishment of
whipping shall not at any time be inflicted upon a female for a Borstal
institution offence.
[1][1]For
statement of objects and reasons, see
This Act received the assent of the Governor of the
[2][2]Came into force on
[3][3]Substituted, for the words
“Local Government”, by the Government of
[4][4]Substituted, for the word
“Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule I, Part II.
[5][5]XLV of 1860.
[6][6]III of 1867.
[7][7]I of 1878.
[8][8]Pb. Act I of 1914.
[9][9]Substituted, for the words
“Local Government”, by the Government of
[10][10]V of 1898.
[11][11]Substituted, for the words
“Local Government”, by the Government of
[12][12]Ibid.
[13][13]Ibid.
[14][14]Ibid.
[15][15]V of 1898
[16][16]V of 1898.
[17][17]Substituted, for the words
“Local Government”, by the Government of
[18][18]Substituted, for the words
“Local Government”, by the Government of
[19][19]VIII of 1897.
[20][20]The word “Indian” omitted by
the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955),
section 2, Schedule I, Part II.
[21][21]V of 1898.
[22][22]The word “Indian” omitted by
the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955),
section 2, Schedule I, Part II.
[23][23]IX of 1908.
[24][24]V of 1898.
[25][25]V of 1898.
[26][26]Substituted, for the words
“Local Government”, by the Government of
[27][27]Substituted,
for the words “servant of the Crown” by the West Pakistan Laws (Adaptation)
Order, 1964, section 2(1) Schedule Pt.II, which were previously substituted,
for the words “Government Officer”, 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.
[28][28]Substituted, for the words
“Local Government”, by the Government of
[29][29]Substituted, for the words
“Local Government”, by the Government of
[30][30]V of 1898.
[31][31]Substituted, for the words
“Local Government”, by the Government of
[32][32]Ibid.
[33][33]Substituted, for the words
“Local Government”, by the Government of
[34][34]Ibid.
[35][35]Substituted, for the word
“Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule I, Part II.
[36][36]XLV of 1860.
[37][37]Substituted, for the words
“the Vernacular”, by the Punjab Laws (Adaptation, Revision and Repeal) Act,
1954 (XV of 1955), section 2 Schedule I, Part II.
[38][38]Substituted,
by the West Pakistan Laws (Adaptation) Order, 1964., section 2 (I) Schedule
Pt.II.
[39][39]Now ‘Federal’, see Federal Adaptation of Laws Order,
1975 (P.O. 4 of 1975).
[40][40]Substituted, for the words
“the territories of any Native Prince or State in
[41][41]Substituted, for the word
“Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule I, Part II.
[42][42]Deleted by the West Pakistan
Laws (Adaptation) Order, 1964, section 2 (1) Schedule Pt. II.
[43][43]Substituted ibid., for the word “Province” which was
previously substituted, for the words “ in British India or in any
[44][44]Substituted,
for the words “by the Governor-General in Council or the Local Government, as
the case may be”, by the Government of
[45][45]Substituted ibid.
[46][46]Substituted, for the word
“Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule I, Part II.
[47][47]Substituted by the Government of
[48][48]Substituted, for the word
“Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule I. Part II.
[49][49]Substituted,
for the words “officer of the Crown”, by West Pakistan Laws (Adaptation) Order,
1964, section 2(1) Schedule Pt. II, which were previously substituted, for the
words “British Government”, 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.
[50][50]Substituted, for the words
“Governor-General in Council”, by the Government of
[51][51]The words “or the Crown
Representative”, omitted by the Punjab Laws (Adaptation, Revision and Repeal)
Act, 1954 (XV of 1955), section 2, Schedule I, Part II.
[52][52]Substituted, for the words
“Local Government”, by the Government of
[53][53]Ibid.
[54][54]Ibid.
[55][55]Substituted, for the word
“Province”, by the West Pakistan Laws (Adaptation) Order, 1964, section 2(1)
Schedule Pt.II.
[56][56]Substituted, for the words
“Local Government”, by the Government of
[57][57]Ibid.
[58][58]Ibid.
[59][59]Substituted, for the word
“Province”, by the West Pakistan Laws (Adaptation) Order, 1964, section 2(1)
Schedule Pt. II.
[60][60]The word, “Indian”, omitted
by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955),
section 2, Schedule I.
[61][61]IV of 1912.
[62][62]Substituted, for the words
“Local Government”, by the Government of
[63][63]Substituted, for the word
“Province”, by the West Pakistan Laws (Adaptation)Order, 1964, section 2(1)
Schedule Pt. II.
[64][64]Substituted, for the words
“Local Government”, by the Government of
[65][65]Substituted ibid., for the words “the territories of
any Native Prince or State in
[66][66]Substituted, for the word
“Indian”, by Punjab Act the Punjab Laws (Adaptation, Revision and Repeal) Act,
1954 (XV of 1955), section 2, Schedule I, Part II.
[67][67]Substituted, for the words
“Local Government”, by the Government of
[68][68]Substituted ibid., for the words “such Native Prince
or State”.
[69][69]IX of 1894.
[70][70]Substituted, for the words
“Local Government”, by the Government of
[71][71]The words “or the
Governor-General” omitted, ibid.
[72][72]III of 1900.
[73][73]Substituted, for the words “Local
Government”, by the Government of
[74][74]Substituted, for the word
“Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule I, Part II.
[75][75]XLV of 1860.
[76][76]Substituted, for the words
“the Provinces and the Capital of the Federation”, by W.P. Laws (Adaptation)
Order 1964, section 2(1)Schedule Pt. II, which were previously substituted, for
the words “British India”, by the Punjab Laws (Adaptation, Revision and Repeal)
Act, 1954 (XV of 1955), section 2, Schedule I, Part II.
[77][77]Substituted, for the words
“Local Government”, by the Government of
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