The Reformatory Schools Act, 1897

 
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THE REFORMATORY SCHOOLS ACT, 1897 ACT NO. 8 OF 1897 1*

[11th March, 1897.]

An Act to amend the law relating to Reformatory Schools and to make further provisions 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:--

1.

Title and extent.

1.Title and extent. (1) This Act may be called the Reformatory Schools Act, 1897 2* * * *

(3) 3*[It extends to the whole of India except 4*[the territories which, immediately before the 1st November, 1956, were comprised in Part B States].]

2 an Repeals.

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

4.

Definitions.

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

5*(a) " youthful offender " means any boy who has been con-

victed 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 State Government to perform all or any of the duties imposed by this Act on the Inspector General : and

[See footnote 1 for this section]

(c) "District Magistrate" shall include a Chief Presidency Magistrate.

II.-REFORMATORY SCHOOLS

5.

Power to establish and discontinue reformatory schools.

5.Power to establish and discontinue reformatory schools. 1* *

* The State Government may-

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

(b) use as Reformatory Schools schools kept by persons willing to act in conformity with such rules, consistent with this Act, as the State 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.

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.

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 certificate2* shall be published in the Official Gazette, together with an order of the State 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

[See footnote 2 for this section]

send to the State Government a report on the condition of the school in such form as the State Government may prescribe.

8.

Power to Courts to direct youthful offenders to be sent to ReformatorySchools.

8.Power to 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 Co 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 State 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 1* 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 State Government in this behalf, and may be exercised by such Courts whether the case comes before them originally or on appeal.

(3) The State Government may make rules for-

2*(a) defining what youthful offenders should be sent to Re-

formatory 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 con-

siderations.3*

9.

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

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,...

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