THE ASSAM BORSTAL INSTITUTION ACT, 1968

Registered No.A.12 

The Assan1 Gazette 

EXTRAORDINARY 

PUBLISHED BY AUTHORITY 

No.10 Shillong, M onday, February 10, 1969, 21st Magha, 1890 
(S. E.) 

GOVERNMENT OF ASSAM 

ORDERS BY THE GOVERNOR 

LAW DEPARTME~T 

N OTIFI CATION 

T he 8th February 1969 

No.LJL .19/67/8.-The following Act of the A~sam Le[tislative Assembly 
which received the assent of the President is hereby publi~hed for general 
information. 

ASSAM ACT I O F 1969 

(Received the a s sent of the Presid ent on the 24th January, 1969) 

THE ASSAM BORSTAL I NST ITUTION ACT, 1968 

(Published in the Assam Gazette Extraordinary, dated 10th February 1969] 

An 
Act 

to provide for the establishment and regufation of Bor•ta) 
Institutions in the State of Assam and for the detentiou 

and tra ining of a dolescent offenders therein and 
matters connected therewith 

Preamble Whereas it is expedient to provide for the establish-
ment and regulation of Borstal I nstitutions in the State 
of A~sam and for the detention and training of 
adolescent offenders therein and matters connected 
;£.herewith. 

\ 

I 



' , \ 

132 THE ASSAM GAZETTE, EXTRt{(}ROINAR. • F,JBt, IO, 1969~ 

Short title; 
extent and 
commence­
ment. 

I t is hereby enacted in the Nineteenth Year of ihe 
Republic of India as follows:-

l . (1) This Act may be called the Assam Borstal 
Institution Act, 1968. 

(2) It extends to the whok of the State of 
Assam. 

(3) It shall come into force on such date as the 
State Government may, by notification in 
the official Gazette, appoint in this behalf. 

Definitioas 2. In this Act, unless there is anything repugnant in 

r,· 
I ... 

the subject or context,-

(a) " adolescent offender" means any person not 
less than fourteen and not more than 
twenty-one years of age who has been 
convicted of any offence punishable with 
imprisonment but not punishable with 
death or who having been ordered to give 
security under section !06 or section 112 
of the Code of Criminal Procedure, 1898, 
has failed to do so or who, when the bond 
has been cancelled under section 126A of 
that Code, has failed to give fresh security ; 

(b) "Borstal Institution" means a place in 
which adolescent offenders may be detained 
under this Act and given such industrial , 
vocational, g<""neral educational and cultural 
training and other instructions and subjected 
to such disciplinary and moral influences 
as will be conducive to their reformation ; 

(c) ''detained" with its grammatical variations 
and cognate expressions means detained in 
a Borstal Institution ; 

(d) ' 'Director" means a Director of Borstal 
Institutions appoint«d under sub-section (1) 
of section 4 ; 

(c) " inmate" means any person ordered to be 
detained under this Act ; 

(f ) "officer" means an officer of a Borstal 
Insti tution appointed in su::h manner as 
may be prescribed and includes 
the Director and the Superintendent 
of Borstal Instit tions appointed under 
section 4 ; 

(g) "prescribed" means prescribed by rule 
made under this Act ; 

V of l 89fi~ 



' ~ 

: '.f!iEfA~SAM'GAZETTE, ,F,XTRAORDINARY, FEB. 10, 1969 133 
-- ? --.... --rr-- -

Establish. 
ment ot 
Borstal 

· I nstitutioru. 

(h) ''Superintendent" means a Superintendent 
of a Borstal Institution appointed under 
sub-section (2) of section 4 ; 

·(i) "visiting committee" means a visiting com· 
mittee -appointed under s.ub-section (3) of 
section 4, 

3. For the purposes of this Act, i:he State Govern­
ment may establish one or more Borstal Institutions. 

Ap Point· 4. (l) The State Govermx.ent shall appoint a Direc­
ment of tor of Borstal Institutions who shall exercise, subject to 

Director of the directions issued by the State Governmt!nt, general 
Bo~sta~ Ins- control and superintendence over all Borstal Institu.., 

titut1ons, . , 
Officers and tIOns. 
visiting 
conunittee. 

(2) For ·every Borstal Institution the State Govern­
ment ~hall appoint a Superintendent, and such other 
officers as it. may consider necessary in such manner as 
may be prescribed. 

(3) For every Borstal Institution a VlSltlng commit­
tee shall be appointed in such manner as may be 
prescribed. 

Power of 5. (l) When an adoI.escent offender is convicted 
court to for failing to obey an order made by the High Court, 
make ord~r a court of Session or a court of Magistrate of the first 
for detent1onclass to give security under section 106 or section 118 or 

section 126A of the Code of Criminal Procedure, 1898, Act V of 
or when such offender is convicted by such court 1898. 
for any offence not punishable with death or imprison-
m ent for life and when the court convicting such 
offender has not passed any order under any of the . 
provisions of the Probation of Offenders Act, 1958, may Act xx of 
in lieu of passing a sentence of imprisonment make an 1958." 
order for the detention of the adolescent offender' in 
Borstal Institution for a term which shall not be less 
than two years aIJ.d. more than five years, when the 
order is made by such Court other than a Magistrate, 
and shall not be less than two years and more than 
three years when the order is made by such Magistrate. 

(2) When any Magistrate not empowered . to make 
an order under sub-section (l) is'of opinion that in 
respect of any adolescent offender convicted by him 
an order should be made under the said sub-section 
he shall, without passing any sentence, record such 
opinion and submit thl" records of the case and for· 
ward the adolescent offender to the Sessions Judge and 
thereupon the Sessions Judge may either pass an order 
under sub-section ( 1) or pass such other order or sen· 
~ence as the Magistrate might himself have passed, 

; 

t 



134. 1'.H.E ASSAM GAZETfE, EXTRAORDINARY~ FEB. 19; 1969 

Power of 
Superin· 
tendcnt of 
Prison to 
Present 
adolescent 
offender 

before 
:Sessions 

Judge for 
detention. 

When ac• 
tfon m•Y 
not be takeu 
uoder sc:r­
tionii 

(3) Before making an order of detention under sub­
section (1) or sub-section (2), the High Court, the 
Sessions Judge or the Magistrate, as the case may be, 
shall, after considering any report submitted by the 
Probation Officer under the Probation of Offenders' 
Act, 1958 and any other report or representation which 
may be made to it or him as to the desirability of the 
detention, satisfy itself or h imself that the character, 
state of health and mental condition of the person 
convicted and the other circumstances of the case are 
such that the person convicted is likely to profit by 
such detention. 

(4) When an order for detention is made under this 
Act, the ground for such detentions shall be recorded 
and a copy thereof shall be furnished to the person 
ordered to be detained, free of cost. 

6. Whenever it appears or is represen ted to the Supe­
rintendent of a prison that any adolescent offe nder 
confined in the prison sho uld , for the reasons mentioned 
in sub-section (3) of section 5, be detained, he 5hall 
send a report to ' his effect to, and c:ause the adolescent 
offender to be produced before the Sessions Judge of 
the sessions division.in which the prison is situated and 
if the Sessions Judge after making~such inquiry as may 
bf" prescribed and such further inquiry as he may con­
sider necessary, is sa tisfied that the adolescent offender 
should, for the reasons mentioned in the said sub-sec­
tion be detained, he may order the adolescent offender 
to be removed ·fro m the prison and detained ior a 
period equal to the unexpired term of the imprison. 
ment to which he was sentenced or equal to the un­
expired portion of the period fo r which he was re­
quired to give security, as the case may be: 

Provided that in no case shall he be detained for 
more than five years. 

7. No order shall be ma.de u nder the provision of 
section 6-

{i) until the~time allowed by law for appeal 
against the sentence or order under 
which the prisoner is committed to or 
confined in prison, has expired or , if an 
appeal has been preferred or a revision is 
pending until such appeal or revision has 

been disped of; 011 

\ii) if an application made on appeal or other­
wise to have the sentence altered into an 
order of detention, has been rejected by 
f'D Appellate Court or the High Court; or 

4 

-. 
' t 



-, 

~ 

of f tBk ~SSAM GA!iirt~, txtRA6R.biNARY, FEB. i6, 1969 

(iii) in the case of any person who has been 
sent to a Reformatory School in accor­
dance with the provisions ol the Refor-

135 

matory Schools Act, 1897 ; or VII oi 189/. 

(iv) if the unexpired term of the imprisonment 
to which the prisoner was sentencec!, or 
if the period for which security was re­
q.uired from him is less than two 
years; or 

(v) unless the provisions of sub-section (3) of 
section 5 have been complied with. 

A Ii . 8.(1) Subject to the provisions of sub-section (2), the 
oFt1ec~~od~ provisions of the Code of Criminal Procedure, 1898 v of 1898 
of Criminal relating to appeal, reference and revision and 
Procedure, Article 115 of the Indian Limitation A<:t, 1963, Act 36 of 
1~98i dnd shall apply in the case of an order of detention as HJ63. 
~-~rd:/~: if the order had been a sentence of imprisonment for 
A~t,

1 

1~63 the same period as the period for which detention 
and was ordered. 

provisions 
©f appeal 
ancl revi­
sion. 

l2J J&Notwithst?.nding] :::.nything contained in sec-
tion 423 of the Code of Criminai Procedure, 1898, v of 1893• 
jri case of an adolescent offender, an Appellate 
Court or the High Court in exercise of its powers of 
revision, may, in pursuance ol sub-section ( J) anu the 
provisions ot that Code, and after making such inquiry 
as it may deem fit, alter sentence of imprisonment or 
an. order of commitment to prison under section 123 of 
that Code to an order of detention if, for reasons 
:mentioned in sub-section (3) of section 5, it considers 
such alteration expedient and may after an order of 
detention to a sentence of imprisonment or commit. 
ment to prison 1Jnder the said section 123, as the case 
may be: 
~~ 

Provided that :-

(i) the sentence of imprisonment, order of corn~ 
mitment or detention shall not be in excess of 
the powers of the Trial Court or Magistrate; 
and 

{ii) bef'ore making such order the Court shall 
give the said person or his parent or guardian 
a reasonable opportunity of being heard. 

(3) Any person who has been ordered to be 
detained in a Borstal Institution for a period to expire 
after the term of the imprisonment to which he was 

• 



• -
13 6 fHE ASSA.\1 GAZETTE, EXfRAORDL ARY, FEB.' 10, 190°1) 

sen tenceci would expire had the order not been passed, 
may appeal to the CQurt of Session, and such Court 
may either confirm the order or set it aside and restore 
the sen tence of imprisonment or if the order is for more 
than ,wo years, reduce it t,, a term not shorter than 
two year& nor shorter than the residue of imprisonment 
to which he was sentenced. 

( 4) Any person ordered by a Court of Session 
under the provision of sub-section ( 3) to be detained 
for a period to expire aft r the term of imprison­
m ent to which he was sentenced would expire had 
such order not been p.i.sse<l. may appeal within 
sixty days of the order to the High Court and the 
H i!!h Cour t may p ass any such order as the Court of 
Sessions might have passed. 

Rel~as_e on 9. Any person detained for failure to furnish 
:~~~~~~~g security shall be released on furnishing the security. 

Inquiry to 10. (1) Before passing an order of detention 
be made under tois Act the High Court, Sessions Judge or 
regarding Magistrate, as the case may be, shall inquire, or 
age bef?re cause an inquirv to be m,1de into the question 
thfe passdmg of the age of the person convicted or failin!! 
o an or er b d · · d ~ of detention.to 0 ey an or er to give security un er 

section l 06 or under section 118 or section l 26A 
of the Code of Criminal Proced•1re, 1898, and after 
taking such evidence, ii' any, in regard thereto 
as may be deemed necessary or proper, shall record 
a finding thereon. 

(2) A similar inquiry shall be made and 
finding recorded by every M agistrate not empowered 
to pass an order of detention under this Act before 
submitting the record and forwarding the accused 
to the Scssfons Judge as required by sub-section (2) 
of section 5. 

Additional 11 . The Sessions Judge may transfer any matter or 
Sess ion s proceeding pending before him under this Act to an 
-/iudge P to Additional Sessions Judge for disposal and on such 
ofves~~~~ transfer being made the <\dditional Sessions Judge shall 
Judge. exercise in regard thereto the same powers as are 

vested in the Court of Sessions or the Sessions J udge 
by or under this Act. 

Detentio~ 12. "The detention of a person for the first time under 
ft~r the ttirsc the provisions of this Act shall not be regarded as a 

ime no to . . r h f a· 'fi . be regarded conv1c~1on 1or t ~ I?urpose o any ISquah 1Cat1on 
as disquaJifi. attaching to a conviction for any offence. 
cation. 

V of 1898. 

.. 



_, 

... 
; f 

~~SSAM GA~ETTE, EXTRAORDINARY FEB. 10, 1969 

Power to re­
lease on 
licence. 

13. (1) Subject to any general or specific direction 
of the State Government, the Director of Borstal 
Institutions may, on the recommendation of the 
visiting committee, at any time after the expiration of 
·six months, or in the case of women, three months 
from the commencement of the term of detention, if 
he is satisSed that the inmate is likely to abstain from 
crime and to lead a useful and industrious life, by 
licence permit him to be discharged from the Borstal 
Institution on condition that he be placed under the 
supervision or aulhority of such Government Officer, 
such secular ins titution or such person or religious 
society belonging to the same religion as that of the 
inmate named in the licence who may be willing to 
take charge or him. 

(2) T he Director of Borstal Institutions may, 
subject to such conditions as the State Government 
may prescribe, discharge any inmate who had been 
p reviously granted a licence but whose licence was 
subsequently revoked under section 16 and grant him 
a fresh written licence and in such case foe provisions 
of this Act shall apply as if such fresh licence had been 
granted under sub-section ( i ). 

(3) A licence under this section shall be in force 
until the expiry of the t~rm for which the offender was 
ordered to be detained in a Borstal Institution, unless 
sooner revoked. 

( 4) The period during which an offender is 
absent from a Borstal Institution during the con­
tinuance of a licence granted to him under this section 
shall , for the purposes of computing h is term of 
rletention in such Insti&ution, be deemed to be part 
of that detention. 

Absence un· 14. The time during which an inmate is absent 
der licence from a Borstal Institution in accordance with licence 
tod be cound t· granted under section 13 shall be reckoned as part of 
e towar s h . d f d . J?Criod of t e per10 o etent10n. 
detention. 

Form o f 15. Every licence granted under the prov!Slons of 
licence. section 13 shall be in such Form and shall contain 

such conditions as the State Government may, by 
general or special 01der, direct. 

Suspension 16. (1) Subject to any general or special directions 
and revo- ofthe State Government, a licence granted under 
c:;ation of section 13 may be suspended for a period not exceed­
hcence. ing three months by the Superintendent or the 

Director or be revoked by the Director in consul ta• 
tion with the visiting committee. For the purposes 

137 



138 THE ASSAM GAZETTE, EXTRA'.OR.DINARY, FEB. JO, 1Si~9,;-
--~~~~~~~~~~~....L~~~...-.............. ...-~ 1 

Penalty for 
escape. 

of such revocation, the Director or the visiting com­
mittee may make such enquiry as he or it deems 
necessary, either through a Probation Officer or 
otherwise. 

(2) If an offender removes himself from the super­
vision of the institution, society or person under 
which he was by licence permitted to live, his licence 
shall be deemed to have been revoked from the date 
on which he has so removed himself. 

(3) When any licence is suspended or revoked or 
deemed to be revoked, the offender shall forthwith 
return to the Borstal Institution, and, if he fails to do 
so, he may be arrested without warrant by any Police 
Officer not below the rank of a Sub-Inspector and 
committed to the Institution. 

(4) On the suspension or revocation of a licence, 
the periorJ beginning from the date on which the 
licence is suspended or revoked or deemed to be 
revoked till the date on which the offender returns to 
the Institution ~r is arrested, whichever is earlier, shall 
be excluded in computing the period for which he hal 
been ordered to be detained in a Borstal Institution. 

17. If any inmate escapes from a Borstal Institu­
tion before the exph·y of the period for which he was 
ordered to be detained or if any inmate absense on 
licence 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 licence to return to the Borstal 
Institution he may, on convicJion by a Magistrate, 
be punished with imprisonment of either description 
for a term which may extend l:o two years or with 
fine or with both, and his licence, if any, 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 meaning of sections 4 (i) (f) of the 
Code of Criminal Procedure, l 89B. 

Incorrigi- 18. Where an inmate is reported to the State 
bles. Government by visiting committee to be incorrigible 

or to be exercising any unwholesome influence on the 
other inmates of the institution or is convicted 
under section 17 or is reported by the Superinten­
dent to have committed an offence which 
has been pre~cribed to be a major Borstal 
Imtitution offence by rules in · pursuance 
of the provisions of clause (xv) of section 
31 of this Act, the State Government may 

.. 

V ofl898. 



·'t'H.£ ASSAM GAZETTE. EXTRAORDl NARY !~FEB· 10, 1969 131 
---~- ~-- --------

commute the residue of the term of detention to 
such term of imprisonment of either description not 
exceeding such residue as the State Government may 
direct and may order the transfer of th.e inmate to 
any jail in Assam in order to complete the said 
term · of imprisonment . . 

Perwns ap· 19. Persons appointed to be officers under this Act XLV cf 
P 0 int e d shall be deeme-<l to be public servants within the 1860. 

~~cer;ubl~~ meaning of section 21 of the Indian Penal Code, 
servants. 1860. 

· Spec i a I 20. If accommodation in a Borstal Institution is 
a_ccornmoda· not immediately available for a person ordered to be 
t10n. detained, he may be detained in such special ward 

or other suitable part of a prison as the State 
Government may by special order direct 
until he can be sent to a Borstal Institution and the 
period of detention so undergone shall be treated as 
detention in a Borstal Institution. 

Extramura! 21. An inmate when being taken t-o . or from any 
cu st o d Y~ Borstal Institution in which he may be lawfully 
contf01 and detained or when working outside or being other~ 
~}11k~a~:~t wise beyond the limits thereof in or under the lawft:I 

custody or control of an officer of such Borstal Instr· 
tution shall be deemed to be under detention and 
shall be subject to same incidents as if he were 
actually in. a Borstal Institution. 

Penalty for 22. Whoever, contl'ary to any rule made under 
introduction section 31, introduces or removes, or attempts by 
ofr rehrr;bo_vadl any means whatever to introduce or remove, into 
Q pro l ltC f B 1 I . . 1 . . 
articles. or ram any orsta nstitution or supp 1es or attempts 

to supply to any inmate outside the limits of such 
Institution any prohibited articles, and every Officer 
of a Borstal Institution who, contrary to such rule, 
knowingly permits 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 a Borstal Institution, 
and whoever, contrary to any such rule, communi­
cates or attempts to communicate with any inmate, 
and whoever abets the commission of any of the 
aforesaid Act, shall, en conviction before a Magis­
trate, be liable to imprisonment for a term not exceed­
ing six months or to a fine not exceeding two 
hundred rupees or to both. 



I4o fHE ASSAM GAZETTE, EXfRA0RDINARY .EB. 10t1969 

Power to 23. When any person in the presence of any 
~:~~e:0~0_o~~er Con'.tmits any offence ~:i;i ecifa<l. in the last pre­
der sectioncecimg section and refuses on aemanu of such officer to 

22. give his name and addreqs or gives a name or aadress 
which such officer knows, or h~s reason to believe, to be 
false, such officer may arrest him or cause him to be 
arrested, and shali without unnecessary delay make 
him over t,o police officer, and 1hereupon such police 
officer shali proceed as if the offence had been com­
mitted in his presence. 

Publication 
of penahies. 

24. The SuperinLendent shall cause to be affixed1 

in a compicuous place outside the Borstal Institution a 
notice set.ting forth the acts prohibited under section 
22 and the penalties which may be incurred by their 
commission. · 

s e "nt n- 25. The Superintendent shall receive and detain 
d~n~1 

eto all persons duly committed to his custody under this 
detain per- Act according to the directions contained in tl1e order 
sons ?uly by which such person has been commiLted until such 

t~~~eir1~~~ person is dbch::irged or removed in accordan ce with 
tody, law. 

f • .,, 
! 

Explanation. -Fcir the purpos • of this section 
and sections 26, 27 and 29 the expression "Superinten­
dent" shall include any person who is for the time being 
in charge of the Bm;stal Institution. 

Superinten- 26. The Superintendent shall forthwith, after the 
dent to returnexecution of every such order as aforesaid or after 
orders, etc., th d' h f h . d h b after execu- e isc arge o t e person comm1tte t ere y. 
tion or dis- return such order to the Magistrate or the Sessions 
charge. Judge 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. 

Power of 27. The Superintendent shall give effect to any 
Supermt~n- order for the detention of any person passed or 
&~wg~. . 
effect to or-lSsued by any Court or Tribunal in any part of 

·der of cer· India. 
tain Courts. 

Warrant of 28. An Order under the official signature of an 
officers of officer of such Court or Tribunal as is referred to 

certain · n section 27 shall be suffident authority for detain-
<!offiur!s tot being any person, in persuance of the order passed 
Ju cien • 
authority. upon him. 



_1'HE_1:8SAM <;TAZETTE, EXTRAORDINARY, ~O, 1969 141 

· hProced
5

ure 29. (1) Where the Suoerintendent entertain! . anv 
w ere up- d bt b h I ' · · erintend e nt ou a ~ut t e egahty of <in order sent). to him 
entertains for execution or the competency of the person whose 
doubt ab~ut official seal or. signature is affixed thereto to pass 
thfe dlegahty the order, he shall refer the matter to the State 
o or er sent G · 
to him for . overnment by whose order on the case he and 
execution. al! other public officers shall be guided as to the 

foture disposal of the inmates. 

Lunatic in!' 
mate, how 
to be dealt 
with. 

,, 
"i 

(2) Pending a reference under sub-section (I), 
the inmate shall be detained in accordance with 
the directions specified in the order of detention. 

30. (1) Where it apFears to the State Govern• 
ment that an inmate of a Borstal Institution 
is of unsound mind, the State Government 
may order him to be removed to a mental 
hospital or other place of safe custody within 
the State, to he kept there and treated during the 
remainder of the term for which he has 
bten ordered to be detained, and if on the ex­
piration 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 he shall be 
so detained until he is discharged according to 
law. 

(2) Where it appears to the St<\te Government 
that an inmate so kept and treated has become of 
sound mind, the State Government shall, by a 
warrant directed to the person having charge of the 
inmate, remand him, if still liable to be detained, 
to the Borstal Institution from which he was re­
moved, or to anoth<::r Borstal Institution within the 
State, or order him to be discharged on a certifi­
cate or otherwise, or, if he is no longer liable to 
be detained order him to be discharged. 

(3) The provisions of section 31 of the Indian 
Lunacy Act, 1912 shall apply to every person IV tf 1912 
confined in a mental hospital under sub-sec-
tion {l) after the expiration of tJie term for which 
he was ordered to be detained and the time during 
which an inmate is confined in a mental hospital 
under that sub-section shall be reckoned as part of 
the term of detention which he may have been 
ordered to undergo. 

( ~ ) fn any case in which the State Govern!! 
ment 1s competent under sub-section (I) to . ordet 
the removal of an inmate to a mental hosp1tal or 
other place of safe custod:y within the State, the 



~ 

142 THE ASSAM GAZETTE, EXTRAORDINARY, fEB~ 10, 1969 
-------·-··-

State Government may order his · removal to any 
such hospital or place within any other State by 
agreement with the Government of such other State 
and the provisions of this section respecting the 
.custody, detention, remano and . discharge of an 
inmate removelil under sub-section (I) shall, so far 
as they can be made ::.pplicable, apply to an inmate 
removed under this sub-section • 

• Power to 31. (I) The State Government may, after. pre-
•m11e rules , vious publication i11 the official Gazette, make rules 

for carrying out the purposes of this Act. 

(2) In particular and without prejudice to the 
generality of tbe foregoing powers such rul~s may 
provide for all or any of the following · matters, 
namely:-

(i) the regulation, manageme11t and classific;i.tion 
of Borstal Institutions established under this Act 
and the description and construction of wards, cells 
and other places of detention ; 

(ii) the regulation by number or otherwise of 
the inmates to be detained in each class of institution; 

(iii) the defining of the powers and duties of the 
Director of Borstal Institutions ; 

(iv) the g-overnance of Borstal Institmions, and 
the appointment , conditions of service, guidance, 
control, punishment and di~missal of Superintendents 
and other officers employed in Borstal Institutions, 
and for the defining of their responsibilities, duties, 
di>abilities and powers ; 

(v) the maintenance of records and the prepara· 
tion and submission of reports ; 

(vi). the selection and appointment of inmates a:> 
inmate officers and their reduction and di~missal and 
defining the re~ponsibilities, duties e1 nd powers c,f rnch 
officers ; 

(vii) the temporary detention of · inmates until 
arrangement can be made for their admission io a Bor:;­
tal Institution ; 

(viii) the admi%ion, removal and discharge of iP­
rnates, and the dispo 0 al of their effe:cts dnring their 
detention ; 

(ix) feeding, clo thing and bedding of inmatf.s ; 



,. :r 

~ 

1'HE ASSAM GAZETTE, EXTRAORDINARY FEB, 10, 1968-

. (x) the custody, discipline, grading, treatment, 
education, training and control of inmates ; 

(xi) tlJe employment; instruction and control of 
inmate5 within or without 'Borstal Institutions and the 
disposal of the proceeds of their labour ; 

(xii) the treatment of sick inm;i,tes ; 

(xi ii) classifying and prescribing the forms of 
education, instruction, employment and labour and 
regulating the periods of rest ;· 

(xiv) defining the acts which shall constitute 
Borstal Institution offences J 

(xv) the classification of Borstal Institution offences 
into major and minor offences ; · 

(xvi) fixing the punishments admissible undrr this 
Act which shall be awardable for the commi~sion of 
the various Borstal Institution offences or the classes 
thereof; 

(xvii) declaring the circumstances in which acts 
constituting both a Borstal Institution offences and 
an offence under Indian Penal Code, 1860 may or 
may not be dealt with as Borstal Institution offence ; 

(xviii) awarding of marks and the shortening of 
periods of detention; 

(xix) regulating the use of arms against any 
inmate or body of inmates and th~ use of fetters in 
the cas·e of an outbreak or attempt to escape ; 

(xx) defining the circumstances and regulating 
conditions under [which inmates in danger of death 
may be released ; 

XLV 
1860. 

143 

of 



144 1 HE ASSAM GAZETTE, EXTRAORDINARY FEB. lp, 1969 

(xxi) regulating the trans'er from one pa.rt ofJndia 
to another part of inmates whose term of detention "is 
about to expire ; 

(xxii) defining articl<>~ the introduction or removal 
of which into or out of Borstal Inslitutiom without due 
authority is prohibited ; 

· (xxiii) the ch,ssification and the separation of 
inmates; 

(xxiv) rewards for good conduct ; 

(xxv) regulating the transfor of inmates from one 
Borsta} I nstitution to another or to a.hospital and from a 
Borstal Institution to a prison or from a prison to a 
Borstal Institution ; 

(xxvi) the treatment, transfer and disposal of 
criminal lum1tir.::s confined in Borstal Institutions; 

(xxvi1) regulating the transmission of appeals and 
petitions from inmates and thei!" communications with 
their friends ; 

(xxviii) the appointment arid guidance of visitor, 
of Borstal Institutions ; 

(xxix) prescribing conditions on which certificate 
may be granted, suspended, revoked, or cancelled ; 

(xxx) appointment, powers and control or ser­
vants of the Government referred to in Section 13 ; 

(xxxi) defining the powers and duties of after-care 
societie:. and guardians and the condition on which 
financial assistance ma ~· be given to them ; 

(xxxii) the appointment of vhiting committees; 

(xxxi1i) generally for the purpo:ie of carrying 
out the provisions of this Act~ 



~ 
- . ~ 

"" '1 HE ASSAM GAZET~. E:XTRAORDINARY, FEB. 10, 1969 145 

(3) Every rule made under this section shall be 
laici as won as may be after ·it is made, before the 
Assam Legislative Assembly while it i~ in Session for 
a total period of fourteen days which may be com­
prised in one Session or in two successive Sessions, 
and if before the expiry of the Session in which it is 
so laid or the Sessions immediately following, the 
Assam Legislative Assembly agree in making any 
modifica tion in the rule or the Assam Legislative Assem­
bly agree tha 1- the rule sho·1ld not be made, the rule 
shali thereafter have effect! only in such modified form 
or be of no effect, as the case may be ; so ho.wever, 
that any such modification or annulment shall be 
without prejudice to the validity of anything pre­
viously done under that rule. 

P. C. DAS, 
J oint Secy. to the Govt. of Assam, 

law Deptt. 

SHIL:LONG-Printeo and published by the Suoerintendent, Assam 
Government Pre1S-(Bx. Gazette) No.19-1,334+200-·10-2·1969.