THE REFORMATORY SCHOOLS ACT, 1897.

(Act No, VIII of 1897).

CONTENTS

I-PRELIMINARY

Sections

1.         Titled and extent.

2-3.      [Repealed].

4.         Definitions.

II-REFORMATORY SCHOOLS

5.         Power to establish and discontinue Reformatory Schools.

6.         Requisites of Schools.

7.         Inspection of Reformatory Schools.

8.         Power of Courts to direct youthful offenders to be sent to Reformatory Schools.

9.         Procedure where Magistrate is not empowered to pass an order under section 8.

10.       Power of Magistrates to direct boys under fifteen sentenced to imprisonment to be sent to Reformatory Schools.

11.       Preliminary inquiry and finding as to age of youthful offender.

12.       Government to determine Reformatory School to which such offenders shall be sent.

13.       Persons found to be over eighteen years not to be detained in reformatory Schools.

14.       Discharge or removal by order of Government.

15.       Agreement between Provinces.

16.       Certain orders not subject to appeal or revision.

III-MANAGEMENT OF REFORMATORY SCHOOLS.

17.       Appointment of Superintendent and Committee of Visitors of Board of Management.

18.       Superintendent may license youthful offenders to employees of labours.

19.       Cancellation of license.

20.       Determination of license.

21.       Cancelation of license in case of ill-treatment.

22.       Superintendent to be deemed guardian of youthful offenders.

POWER TO APPRENTICE YOUTHFUL OFFEND:

23.       Duties of Committee of Visitors.

24.       Powers of Board of Management.

25.       Power to appoint Trustees or other Management of a school to be a Board of Management.

26.       Power of Board to make rules.

IV-OFFENCES IN RELATION TO REFORMATORY SCHOOLS.

27.       Penalty for introduction or removal or supply of prohibited articles and communication with youthful offenders.

28.       Penalty for abetting escape of youthful offender.

29.       Arrest of escaped youthful offender.

V-MISCELLANEOUS

30.       [Repealed].

31.       Power to deal in other ways with youthful offenders including girls.

32.       Procedure when youthful offender under detention in a Reformatory School is again convicted and sentenced.

[1]THE REFORMATORY SCHOOLS ACT, 1897.

(Act No, VIII of 1897).
[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

(2)               [3][     *      *      *    ]

[4][(3)]This section and section 2 shall extend to [5][the whole of Pakistan]. [6][The other sections shall extend in the first instance to Sind and the Karachi Division and East Pakistan, but the Govern­ment of [7][[8](Khyber Pakhtunkhwa)] may at any time by notification in the Official Gazette, extend these sections to other parts of [9][[10](Khyber Pakhtunkhwa)] from such day as may be fixed in any such notification.]

2 and 3.    [Repeals].-   Rep, by the Repealing Act.     1938 (1 of
1983), s. 2 and Schedule.

(a)   “Youthful offender.” means any boy who has been convicted of any offence punishable with transportation or imprisonment and who, at the time of such conviction, was under the age of fifteen years:

(b)  “Inspector-General” includes any officer appointed by the [11][Provincial Government] to perform all or any of the duties imposed by this Act on the Inspector- General: and

[12][*       *          *          * ]

II- REFORMATORY SCHOOL;

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

(b)   use as Reformatory Schools kept by persons willing to act in conformity with such rules, consistent with this Act, as the [15][Provincial Government] may prescribe in this behalf;

(c)   direct that any school so established or used shall cease to exist as a Reformatory School or to be used as such.

(a)   sufficient means of separating the inmates at night;

(b)   proper sanitary arrangements, water-supply, food, clothing, and bedding for the youthful offenders, detained therein;

(c)   the means of giving such youthful offenders industrial training;

(d) an infirmary or proper place for the reception of such youthful offenders when sick.

(2)  Every such school shall, from time to time, and at least once in every year, be visited by the said Inspector-General, who shall send to the [18][Provincial Government] a report on the condition of the school in such form as the [19][Provincial Government] may prescribe.

(2) The powers so conferred on the court by this section shall be exercised only by (a) the High Court, (b) a Court of Session, (c) a District Magistrate, and (d) any Magistrate specially empowered by the [21][Provincial Government] in this behalf, and may be exercised by such Courts whether the case comes before them originally or on appeal.

(3) The [22][Provincial Government] may make rules for—

[23](a) defining what youthful offenders should be sent to Re­formatory Schools, having regard to the nature of their offences or oilier considerations, and

(b) regulating the periods for which youthful offenders may be sent to such schools according to their ages or other considerations.

 (2) The Magistrate to whom the proceedings are so submitted may make such farther inquiry (if any) as he may-thinks  fit rind pass such sentence and order for the detention in a   Reformatory School of the youthful offender, or otherwise, as he  might  have passed if such youthful offender had been originally tried by him.

(2)A similar inquiry shall be made and finding recorded by every Magistrate not empowered to pass an order under section 8 be­fore submitting his proceedings and forwarding the youthful offender to the District Magistrate us required by section 9, sub-section (1).

Provided that, if accommodation in a Reformatory School is not immediately available for such youthful offender, he maybe detained in the juvenile ward or such other suitable part of a prison as the [25][Provincial Government] may direct—

(a)   until he can be sent to a Reformatory School, or

(b)   until the term of his original sentence expires,

whichever event may first happen. Should the term of his original sentence first expire, he shall thereupon be released, but should he be sent to a Reformatory School, then the period of detention previously undergone shall be treated as detention in a Reformatory School.

(2) No person shall be detained in a Reformatory School after he has been found by the  [27][Provincial Government] to have attai­ned the age of eighteen years.

(a)   to be discharged from a Reformatory School;

(b)   to be removed from one Reformatory School to another such school situate within the territories subject to such Government: Provided that the whole period of his detention in a Reformatory School shall not be increased by such removal.

(2) Every Committee and every Board so appointed must consist of not less than five persons. [32][ * * ]

(3) The [33][Provincial Government] may suspend or remove any Superintendent or any Member of a Committee or Board so appointed.

(2)  The License shall be in force for three months and no longer, but may, at any time and time to time until the expiration of the period for which the youthful offender has been directed to be detained, be renewed for three months at a time.

(a)               visit the school, to hear complaints and see that the require­ments of section 6 have been complied with, and that the management of the school is proper in all respects;

(b)        examine the punishment-book;                                       

(c)         bring any special cases to the notice of the Inspector-General ;and                                                                                                   

(d)       see that no person is illegally detained  in the school.

(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,

(i)    to prescribe the articles  which are  to be deemed to be "prohibited articles";  and

(ii)        to regulate—­

(a)   the conduct of business of the Board;

(b)   the management of the school;

(c)   the education and industrial training of youthful offenders;

(d)   visits to, and  communication with, youthful offenders;

(e)   the terms and conditions under which any articles declared by the Board to be "prohibited articles" may be intro­duced into or removed out of the school;

(f)   the manner in which such articles are to be removed when introduced without due authority;

(g)   the conditions and limitations under which such articles may be supplied outside the school to any youthful offe­nder under order of detention therein;

(h)   the conditions on which die possession by any such youth­ful offender of such articles may be sanctioned;

(i)    the penalties to be imposed for the supply or possession of such articles when supplied or   possessed   without   due authority;

(j)    the punishment of offences com mi tied by youthful offend­ers; and

(k)   the granting of licenses for the employment of youthful offenders.

(2) In the absence of a Board of Management the [38][Provincial Government] may make rules consistent with this Act to regulate for any Reformatory School the matters mentioned in any clause of sub­-section (1), other than clause (II) (a), and also the mode in which the Committee of Visitors shall conduct their business.

IV—OFFENCES in relation to reformatory  schools

and every officer or person in charge of a Reformatory School who, contrary to any such rule, knowingly suffers any such articles to be introduced into or removed from any Reformatory School to be possessed by any youthful offender detained therein, or to be supplied to any such youthful offender outside its limits.

and whoever, contrary to any such rule, communicates or attempts to communicate with any such youthful offender,

and whoever abets any offence made punishable under this section.
shall, on conviction before a Magistrate, be liable to imprisonment to a term not exceeding six months, or to fine not exceeding two hundred rupees, or to both.

V- -MISCELLANEOUS

30. [Application of Act XIV of 1869 to youthful offenders detain­ed in Reformatory Schools]. Rep. by the Prisoners Act, 1900 (III of 1900).,s. 53 and Schedule III.

(a)       discharged after due admonition, or

(b)       delivered to his parent or to his guardian or nearest adult rela­tive, on such parent, guardian or relative executing a bond with or without sureties, as the Court may require, to be responsible for  the good behaviour  of the youthful offender for any period not exceeding twelve months.

(2) For the purposes of this section die term "youthful offender” shall include a girl.

(3) The powers conferred on the Court by this section shall be exercised only by courts empowered by or under section 8.

(4) When any youthful offender is convicted by a Court not empowered to Act under this section and the Court is of opinion that the powers conferred by this section should be exercised in respect of such youthful offender, it may record such opinion and submit the proceedings and forward the youthful offender to the District Magis­trate to whom such Court is subordinate.

(5) The District Magistrate to whom the proceedings are so submitted may thereupon make such order or pass such sentence as he might have made or passed if the case had originally been tried by him.