Draft Delhi Probation of Offenders Rules, 1960 1. Short title. 2. Definitions. 3. Probation officers and their control. 4. 5. Chief Probation Officer. 6. Jurisdiction and function of District Probation Officer. 7. Leave. 8. General attributes of Probation Officer. 9. Qualifications of Salaried Probation Officers. 10. Qualifications of parttime Probation Officer. 11. Appointment and registration of Probation Officers. 12. Special Probation Officer. 13. Choice of probation officers, precautions. 14. Terms and conditions of service. 15. Departmental responsibility. 16. Presentence report. 17. Supervision of probationers. 18. Duties in relation to Courts. 19. Responsibilities in relation to District Magistrate. 20. Rehabilitation and after care of probationer. 21. Other duties of Probation Officer. 22. Probation Officer not to divulge information. 23. Recognition of Society. 24. Subsidy to a society. 25. Control of Probation Officers. 26. Enquiry into the character and antecedents. 27. Forms. 28. Periodical reports. 29. Copy of supervision order to be supplied to societies. 30. Inspection by District Magistrate. 31. Institutions or other premises for reception of probationers. 32. Residence of a probationer in such institution or other premises. 33. Change of residence. 34. Records to be maintained by Probation Officers. 35. Preservation of records. 36. Inspection Book. 37.Records to be maintained by District Probation Officers. 38. Probationers not to be employed on private work of probation officer. 39.
Published vide Notification No. F.4(134)/59-DSW, dated the 14th September, 1960
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No. F.4(134)/59-DSW, dated the 14th September, 1960. - The following draft rules which the Chief Commissioner, Delhi, proposes to make with the approval of the Central Government, in exercise of the powers conferred by Section 17 of the Probation of Offenders Act, 1958 (No. 20 of 1958) read with the Government of India, Ministry of Home Affairs Notification No. 7/1/58-P 4, dated the 20th September, 1958, is published for the information of persons likely to be affected thereby, and notice is hereby given that the said draft rules will be taken into consideration on or after the 12th of October 1960 together with any objections or suggestions that may be received in respect thereto before the date specified :-
- Preliminary
- Short title.- (1) These rules may be called the Delhi Probation of Offenders Rules, 1960.
(2) They extend to he whole of the Union territory of Delhi.
- Definitions.- In these rules unless the context otherwise requires,-
(a) "Act" means the Probation of Offenders Act, 1958 (20 of 1958);
(b) "Chief Commissioner" means the Chief Commissioner of the Union territory of Delhi;
(c) "Chief Controlling Authority" means the officer appointed under Rule 4;
(d) "Form" means a form appended to these rules;
(e) "part time probation officer" means a probation officer other than a salaried probation officer recognised by the Chief Commissioner/ under Section 13(1)(a) of the Act or provided by a society under Section 13(1)(b) of the Act, who is remunerated by fees or honorarium and not salary or who works without remuneration;
(f) "probation district" means district of Delhi or such smaller area as may be specified by the Chief Commissioner;
(g) "probationer" means any offender in respect of whom a supervision order is in force;
(h) "salaried probation officer" means a whole time probation officer appointed or recognised by the Chief Commissioner under Section 13(1)(a) of the Act or provided by fees or honorarium;
(i) "Special Probation Officer" means a probation officer appointed by the Court under Section 13(1)(c) of the Act;
(j) "supervision order" means an order passed under Section 4(3) of the Act.
- Departmental Control of Probation Officers
- Probation officers and their control.- (1) The Chief Commissioner may appoint for each probation district such number of persons as he thinks fit to be probation officers for the purposes of the Act.
(2) All probation officers (whether appointed or recognised by the Chief Commissioner) in each probation district shall be under the control of a probation officer specified by the Chief Commissioner in this behalf and designated as District Probation Officer.
(3) All such probation officers in the Union territory of Delhi shall be under the Control of the Chief Probation Officer to be appointed by the Chief Commissioner.
- The Chief Commissioner may appoint one of the officers of Delhi Administration to be the Chief Controlling Authority who shall exercise administrative control over all the probation officers, district probation officers and the Chief Probation Officer, and shall perform such other functions as may, from time to time, be assigned to him by the Chief Commissioner.
- Chief Probation Officer.- Subject to the control and supervision of the Chief Controlling Authority, the Chief Probation Officer shall be responsible for administering the work of probation throughout the Union territory of Delhi; and his duties and responsibilities shall include :
(a) control, guidance and supervision of the work of District Probation Officers and other probation officers;
(b) assisting and fostering after care work in the Union territory of Delhi and other activities for the purpose of rehabilitation of offenders, and maintaining contacts with other related associations and the public;
(c) submission of statistical or other returns and reports, as required to the Chief Controlling Authority; and
(d) such other functions as may be assigned to him by the Chief Commissioner or the Chief Controlling Authority.
- Jurisdiction and function of District Probation Officer.- (1) The jurisdiction of the District Probation Officer shall cover the whole of the probation district in which he is posted.
(2) He shall
(a) be responsible for the working of probation in the whole area within his jurisdiction;
(b) control, guide and supervise the work of probation officers in the district;
(c) submit to the Chief Controlling Authority, the Chief Probation officer, the District Magistrate and the Court such other reports as may be specified by the Chief Commissioner or the Chief Controlling Authority or the Chief Probation Officer; and
(d) perform such other functions as may be assigned to him by the Chief Controlling Authority or the Chief Probation Officer.
- Leave.- (1) Casual leave may be granted :-
(a) to probation officers appointed by the Chief Commissioner and District Probation Officers by the Chief Probation Officer; and
(b) to the Chief Probation Officer, by the Chief Controlling Authority.
III. Probation Officers-Qualifications for Appointment and Conditions for Service
- General attributes of Probation Officer.- While appointing probation officers, due regard shall be had to the following general attributes of a probation officers:-
(a) adequate educational attainments;
(b) good character and personality suitable for influencing persons placed under this supervision in two essential respects, viz. (a) conforming to law during the period of probation and (b) reformation of Character and attitude to social behaviour so as not to revert to crime;
(c) maturity of age and experience; a Probation Officer in order to have independent charge of a probationer should not be less than 25 years of age; and
(d) aptitude, zeal and a "calling" for probation work.
- Qualifications of Salaried Probation Officers.- (1) Salaried Probation Officers shall be-
(a) graduates of recognised University.
(b) (i) not less than 25 years and not more than 40 years of age at the time of first appointment (exclusive of period of training) in the case of Junior Probation Officers; and
(ii) not less than 30 years and not more than 40 years of age at the time of first appointment in the case of Senior Probation Officers.
(2) A salaried probation officer appointed by the Chief Commissioner shall possess other qualifications prescribed by the Chief Commissioner for posts of similar status and responsibility.
(3) Every salaried probation officer, before being entrusted with supervision of a probationer, shall have received adequate training.
- Qualifications of part-time Probation Officer.- A part time probation officer appointed in a district shall be :-
(a) not less than 30 years of age;
(b) a resident of the Union Territory of Delhi;
(c) in a position to devote adequate time to supervision of probationers;
(d) a person having sufficient practical experience in social welfare work or in teaching or in moulding of character; and
(e) fully conversant with the Act and these rules.
- Appointment and registration of Probation Officers.- (1) The procedure relating to the appointment of Probation Officers by the Chief Commissioner, shall be in accordance with general rules relating to recruitment of officers to posts of similar status and responsibility.
(2) Names of individuals in different localities for recognition as part-time probation officers submitted by a society or by the District Magistrate or the Chief Probation Officer may be considered by the Chief Commissioner.
(3) (a) The names of all probation officers recognised by the Chief Commissioner with their addresses shall be entered in a register kept by the Chief Probation Officer.
(b) Lists containing the names of (i) Probation Officers appointed by the Chief Commissioner (ii) salaried probation officers provided by societies and (iii) part time probation officers, for service in the district or in specified areas of the district or allocated to specified Courts in the district, shall be kept by the District Probation Officer and made available to the Courts whenever necessary.
- Special Probation Officer.- (1) The Court may appoint a Special Probation Officer under Section 13(1)(c) of the Act in view of the special circumstances of a particular case, when no Probation Officer on the lists referred to in rule 11(3) (b) is available or is considered suitable enough to attend to the case. A Court or a District Magistrate may also appoint a Special Probation Officer under Section 13(2) of the Act.
(2) In deciding whether a person is suitable or not for appointment as a probation officer in a particular case, under Section 13(1)(c) or Section 13(2) of the Act, the Court of the District Magistrate may take into consideration (a) the general attributed specified in Rule 7 and the provisions of Rule 3, (b) his age, position, character and attainments and relationship to the offender, and (c) his ability to follow these rules and to discharge the duties imposed on probation officers.
- Choice of probation officers, precautions.- (1) Female probationers should not ordinarily be placed under the supervision or control of male probation officers.
(2) Religious persuasions of the probationer and the probation officer should be taken into consideration.
(3) While choosing a probation officer for supervision in a particular case, the Court may, where necessary, consult the District Probation Officer.
- Terms and conditions of service.- (1) (a) Subject to the provisions of these rules, the general terms and conditions of service applicable to probation officers appointed by the Chief Commissioner shall be the same as those prescribed for other officers or the Chief Commissioner of similar status and responsibility.
(b) Salaries, allowances and other terms and conditions of service applicable to salaried probation officers appointed by a society shall be prescribed by the society in accordance with these rules and the instructions issued by the Chief Commissioner or the Chief Controlling Authority under Rule 23(3)(b).
(c) A part-time probation officer may be paid (i) a fixed remuneration with due regard to the nature and extent of the duties he is required to perform or (ii) an honorarium; or he may work without accepting any remuneration.
(d) A special probation officer may be paid, if the Court so directs, remuneration or allowances for supervision of probationers at rates similar to those prescribed for part-time probation officers.
(2) (a) Every probation officer shall be furnished with an identity card in Form I. The identity card shall be used only when necessary in connection with his work and shall be returned to the Chief Probation Officer on suspension or termination of his appointment.
(b) Probation officer shall not wear any uniform or badge.
(3) A probation officer shall give at least three months' notice in writing, if he wishes to resign his appointment. If a part-time probation officer is unable, owing to ill-health or other cause, to perform his duties, he shall at once report the fact to the District Probation Officer.
- Probation Officers-Duties and Responsibilities
- Departmental responsibility.- (1) Every probation officer shall carry out the directions of the Chief Controlling Authority and the Chief Probation Officer.
(2) Every probation officer shall inform the District Probation Officer, as soon as a probationer is placed under his supervision, of that fact and of the particulars with such other facts as may be prescribed by the Chief Probation Officer.
(3) Every probation officer shall submit-
(a) to the District Probation Officer a monthly report on the progress of each probationer placed under his supervision (in Form VIII) and copies of pre-sentence report and of other reports submitted to a Court of District Magistrate; and
(b) to the Chief Probation Officer and the District Probation Officer such periodical reports and statistics as may be required.
- Pre-sentence report.- (1) For the purpose of Section 14(a) of the Act, the probation officer shall, after making discreet inquiries regarding the offender's character and antecedents, his social and environmental conditions, the financial and other circumstance of his family, the circumstances in which the alleged offence was committed and any other facts which the Court had directed him to enquire into, put down the relevant facts fully and faithfully in the report, as nearly as may be in Form III.
(2) The summary of the case shall include an objective statement of facts along with the probation officer's assessment of the case, so as to help the Court in determining the most suitable method of dealing with the offender after he is found guilty.
(3) The report shall be treated as "confidential" and delivered to the Court on the date specified by it; it should be enclosed in a sealed cover, if sent to the Court or delivered on a date prior to the date of delivery of judgement.
- Supervision of probationers.- (1) The probation officer shall act as a friend and guide of the probationer. For this propose, he shall subject to any provision of the supervision order, require the probationer to report to him at stated intervals, meet him frequently and keep in close touch with him.
(2) At the first meeting the probation officer shall-
(a) explain to the probationer the conditions of the supervision order;
(b) advise him as to how he should conduct himself; and
(c) specify the days on which he should report to the officer, the time and place of reporting being so arranged as to avoid unnecessary hardship to the probationer and to secure proper privacy; and inform the probationer that any omission on his part in so reporting will have to be satisfactorily accounted for.
(3) The probation officer shall visit the probationer periodically in his home surroundings and, where suitable, his occupational environment, in order to see the progress made by the probation and the difficulties, if any, met with by him :
Provided that in the case of young offenders attending school or college,. the probation officer shall not visit the probationer in the institution but may make discreet enquiries of the teacher or tutor or head of the institution regarding his attendance, conduct and progress, without prejudicing the probationer's interest in any way.
(4) The frequency of the meetings, including visits by the officer, should depend upon the conduct and mode of life of the probationer and upon the progress he is making. But the number of meetings should be, unless the Court directs otherwise, not less than-
(a) once a week, during the first month;
(b) once fortnight, during the rest of the first half of the period of probation; and
(c) once a month during the remaining period.
(5) The probation officer shall endeavour, by example, advise, persuasion and assistance and, where necessary, by warning, to ensure that (a) the probationer does not violate the conditions of the supervision order or commit any further offence and behaves in conformity with law and (b) his behaviour, attitude to society, habits, character and moral improve, so that he may not revert to crime.
(6) The probation officer shall also take such action as he deems necessary for better regulation of the conduct and mode of life of the probationer or for closer supervision over him.
- Duties in relation to Courts.- (1) The probation officer may move the Court before which the probationer is bound, to vary the conditions of the bond by way of tightening or relaxing them, as may be required by the conduct of the probationer.
(3) If a probationer fails to observe any of the conditions of the bond or behaves in a manner indicating that he is not likely to fulfil the purpose of the supervision order the probation officer shall report the fact to the Court or the District Magistrate for such action as may be considered necessary.
(4) The probation officer shall consult the District Probation Officer with regard to appeal or revision under Section 11 of the Act.
- Responsibilities in relation to District Magistrate.- The probation officer shall-
(1) carry out any directions that the District Magistrate or other officer not below the rank of a sub-divisional Officer duly authorised by him to act on his behalf, may give regarding supervision of a probationer;
(2) submit such report to the District Magistrate on the progress of probationer as may be required, as nearly as may be, in Form VIII;
(3) report to the District Magistrate-
(a) cases where conditions of the supervision order or bond are not adhered to, which would include inter alia-
(i) the probationer changing his residence;
(ii) any fresh offence committed by the probationer;
(iii) any serious violation of the conditions of the supervision order; and
(iv) any plan of the probationer to abscond;
(b) any attempt by any person to avoid or abet the probationer in commission of a crime or otherwise influence him so as to adversely affect his conduct and reformation; and
(c) the factors, if any, obstructing the rehabilitation of the probationer.
- Rehabilitation and after care of probationer.- (1) The probation officer shall assist the probationer's rehabilitation in society, so that he is not forced to revert to crime. For this purpose the probation officer shall endeavour to secure for the probationer-
(a) training facilities,
(b) employment opportunities;
(c) any necessary financial aid; and
(d) contacts and associations with normal individuals and congenial organisations like Boy Scouts and Girl Guides, Youth Organisations and Community Projects.
(2) The probation officer shall try to have constant touch with discharged probationers to follow up the progress made by them towards their rehabilitation for such periods as may be prescribed by the Chief Probation Officer.
(3) The probation officer shall participate, wherever possible, in aftercare schemes and organisations.
- Other duties of Probation Officer.- The probation officer shall also undertake the following functions :-
(1) educating the public and mobilising support for the probation system;
(2) mobilising public assistance and co-operation in the field of Social Defence;
(3) being in charge of any institution or other premises referred to in Rule 31 that may be assigned;
(4) any other duties of a cognate nature which may be assigned by order of the Chief Commissioner.
- Probation Officer not to divulge information.- A probation officer shall not divulge information concerning his inquiries or work of probation to any person other than the authorities to whom he is required to report, except in so far as it is necessary to do so in the interest of the probationer.
- Recognition of Society
- Recognition of Society.- (1) A society primarily devoted to any of the following kinds of work will be eligible for seeking recognition under clause (b) of sub-section (1) of Section 13 of the Act:
(a) social defence, including care, aftercare, or aid to offenders or discharged prisoners and protection and training of rescued or destitute women or children;
(b) education or other social welfare work; and
(c) religious or charitable work, with interest in aiding and rehabilitating such persons as are mentioned in clause (a).
(2) Any society eligible under sub-rule (1) and desiring recognition shall make an application to the Chief Commissioner, together with a copy of each of its rules, bye- laws, articles of association, list of its members and office-bearers and a statement showing its status and past record of social or public service.
(3) The Chief Commissioner may, after making such inquiry as he considers necessary into the status, past record of social or public service and present conditions of the society, and satisfying himself that the society possesses sufficient financial means to carry out its obligations, grant recognition to the society, on condition that it shall undertake to-
(a) provide such probation officers as may be required by the Chief Commissioner or the Court;
(b) abide by these rules and any instructions issued by the Chief Commissioner or the Court;
Authority and see that the same are followed by the probation officers and the personnel of any institution or other premises referred to in Rule 31 under it; and
(c) furnished to the Chief Commissioner whenever required a statement of its financial position including the balance sheet and audited report, if any.
(4) The Chief Commissioner may withdraw the recognition granted to a society under sub-rule (1) after giving a notice of three months to the society. The recognised society may also get its recognition withdrawn by the Chief Commissioner after giving to him a notice of three months.
- Subsidy to a society.- (1) A recognised society requiring a subsidy from the Chief Commissioner in aid of its activities relating to probation shall forward to the Chief Controlling Authority through the Chief Probation Officer an application accompanied by a copy of-
(a) its rules regarding salaries, allowances and conditions of service of probation officers and its rules regarding the management of institutions or other premises referred to in Rule 31, if any, under it; and
(b) such other particulars as may be required.
(2) The Chief Commissioner may in deserving cases and on the recommendation of the Chief Controlling Authority pay to a recognised society such subsidy and for so long as it may deem fit.
(3) The society which has been granted a subsidy shall-
(i) submit its annual report and audited accounts and such other reports as may be called for by the Chief Controlling Authority;
(ii) maintain standards of supervision work and manage institutions or other premises referred to in Rule 31, if any, under it to the satisfaction of the Chief Controlling Authority; and
(iii) provide all facilities for inspection by the officers concerned.
- Control of Probation Officers.- (1) (a) If a probation officer appointed by a society fails to observe the duties imposed on him by the Act or these rules or to abide by other orders of the Chief Commissioner or the Chief Controlling Authority or the Chief Probation Officer, for regulation of the work and conduct of probation officers, the Court of the District Magistrate or the District Probation Officer may report the fact to the society; and thereupon the society shall take suitable action on that report, and inform the District Probation Officer of the action taken.
(b) The society shall consider every complaint against such probation officer relating to any matter which affects his fitness for office and shall investigate every such complaint which in its opinion calls for investigation, and take further disciplinary action, wherever necessary.
(2) The work of probation officers provided by the society will be subject to guidance, supervision and control by the Chief Controlling Authority or any officer empowered by the Chief Commissioner to act on his behalf.
- Procedure for Courts and District Magistrates
- Court Procedure
- Enquiry into the character and antecedents.- (1) The Court may direct a probation officer (as in Form II) to enquire into the character and antecedents of the accused, the circumstances in which the offence was committed and other matters and submit a report on a prescribed date, which should ordinarily be the expected date of delivering judgment. The Court shall consult the report only after finding the accused guilty. If he is not found guilty the report should be returned to the probation officer concerned for record for purposes of future reference.
(2) The Court may direct the probation officer to make any further investigations, and where required, to have a medical or psychiatric examination of the offender, and report to the Court for enabling it to decide action to be taken under Sections 3, 4, 5, 6 and 7 of the Act.
- Forms.- The following forms may be used for the purpose noted against each:-
(a) Form IV-Bond for good behaviour under Section 4(1) of the Act.
(b) Form V-Supervision order under Section 4(3) of the Act.
(c) Form VI-Undertaking by probationer under Section 4(4) of the Act.
- Periodical reports.- The Court may require a probation officer to submit a report on a stipulated date or periodical reports on the progress, conduct and mode of living of the probationer placed under his supervision for purposes of Sections 8 and 9 of the Act.
- Copy of supervision order to be supplied to societies.- Where a Court passes a supervision order under sub-section (3) of Section 4 and appoints a probation officer provided by a society, it shall forward a copy of it to the society.
- Functions of District Magistrate
- Inspection by District Magistrate.- The District Magistrate or any other officer not below the rank of sub-divisional Magistrate duly authorised by him may-
(a) inspect the work and any record in the office of any probation officer working within his jurisdiction;
(b) give any directions to probation officers that he considers to be immediately required for the due performance of their work relating to supervision; and
(c) send his observations or report on the foregoing or other facts to the Chief Probation Officer and District Probation Officer.
VII. Residence of Probationers
- Institutions or other premises for reception of probationers.- (1) The Chief Commissioner may maintain, or approve subject to such conditions (including conditions relating to management and inspection) as it may deem fit to impose, any institution or other premises for the reception of probationers who may be required to reside therein by a supervision order.
(2) Any such institution or other premises shall be maintained, managed and inspected in accordance with such instructions as may be issued by the Chief Commissioner from time to time.
- Residence of a probationer in such institution or other premises.- (1) When a probation officer is of opinion that it is necessary or desirable for the probationer to reside in any institution or other premises referred to in Rule 31 on the ground that the probationer has to fixed abode or no abode suitable for the supervision, or that his home surroundings are not suitable for achieving the objects of probation, or that the objects of probation would be better served by his staying in such institution or premises, the probationer may be asked to reside therein.
(2) The probationer may also be required to reside in any such institution or premises in pursuance of any order of the Court which passed the supervision order. A copy of the order should be sent to the officer, person in charge of such institution and an undertaking may be taken from him when necessary (as in Form VII).
Incharge of such Institution may be asked to maintain inmate record (as in Form X).
- Change of residence.- (1) Where a probationer under supervision, consistent with the conditions of the supervision order, changes or proposes to change his place of residence and the place of such residence is outside the jurisdiction of the probation officer he shall obtain the permission of-
(a) the probation officer, if the period of such stay does not exceed a fortnight;
(b) the District Magistrate on the recommendation of the probation officer; if such period exceeds a fortnight but does not exceed three months; or
(c) the Court on application made through the probation officer, if such period exceeds three months.
(2) Where the period of stay referred to in sub-rule (1) exceeds a fortnight, the probationer shall be required to report to a probation officer having jurisdiction in the changed place of residence on or before a specified date.
(3) The probation officer in the changed place of the residence shall send to the original probationer officer a report of the arrival of the probationer and send copies of the report and such other reports as may be required by the Chief Probation Officer to the District Magistrate or District Magistrates concerned and to the Chief Probation Officer.
(4) Where the period of stay referred to in sub-rule (1) exceeds one month, a new probation officer may be appointed under Section 13(2) of the Act by the District Magistrate having jurisdiction over the changed place of residence or by the Court.
VIII. Records
- Records to be maintained by Probation Officers.- (1) A probation officer shall maintain the following records-
(a) a diary showing his day-to-day work including preliminary enquiries, attendance at Courts, meetings with probationers, contacts with societies and visits to institutions and premises referred to in rule 31, a copy of the diary being submitted every week to the District Probation Officer;
(b) a file containing copies of all reports or preliminary inquiries submitted to the Courts;
(c) a register showing the receipt and disposal of all orders of the Courts to the probation officer for making enquiries;
(d) probationer's case-file as in Form IX containing-
(i) a front cover page indicating the main particulars of the probationer and the case;
(ii) a summary of the probationer's antecedents, character, his family and other environment and the circumstances of the offence, further progress of supervision and all other important events during the period of probation; and
(iii) copies of pre-sentence report, order of Courts, bonds or undertakings, and all other records relating to him including a history sheet.
(e) an index card, and a chronological register (as nearly as may be in Form XI) of probationers;
(f) register of payments made on account of probationers showing :-
(i) payments to institutions or premises referred to in Rule 31 for maintenance of probationers;
(ii) payments to probationers for travelling expenses to such institutions or premises and back;
(iii) fares for reporting a probation officer;
(iv) other financial aid to probationers; and
(g) such records as may be prescribed by the Chief Probation Officer or the Chief Controlling Authority from time to time.
(2) In the end, cases of part time probation officers, the records mentioned in clauses (b), (c), (e) and (f) of sub-rule (1) shall be kept in the office of the District Probation Officer.
(3) A special Probation Officer shall maintain the records mentioned in clauses (a) and (d) of sub-rule (1) and send such other information to the District Probation Officer, the Chief Probation Officer and the Chief Controlling Authority as prescribed by the Chief Commissioner from time to time.
- Preservation of records.- (1) Each probationer's case-file with the probation officer shall be preserved for not less than ten years from the date of the expiry of the supervision order to which it relates.
(2) The diary shall be closed on the 31st December of each year and thereafter be deposited as a confidential record in the office of the Chief Probation Officer. Each volume of diary shall be preserved for not less than ten years from the date of its closure.
(3) The index card and the chronological register should be preserved for at least ten years more after the destruction of the history sheets to which they relate.
- Inspection Book.- An Inspection Book shall be maintained at each probation officer's office; and a copy of the Inspection Book relating to a part time probation officer shall be maintained in the District Probation Officer's Office. The Chief Controlling Authority, Chief Probation Officer, District Magistrate, District Probation Officer and such other persons as may be appointed by the Chief Controlling Authority for inspections in the Book. The observations made therein shall be forwarded to the Chief Probation Officer along with the comments of the Probation Officer.
37.Records to be maintained by District Probation Officers. - The District Probation Officer shall maintain in his office in such manner as may be prescribed by the Chief Controlling Authority,-
(1) lists of probation officers in the district or area under his jurisdiction;
(2) lists of institutions or premises referred to in rule 31, in that area;
(3) a dossier for each probationer under supervision in the district containing a summary of the case and duplicates of important documents in the case-records with the probation Officer;
(4) register of probationers in the district (as nearly as may be in Form VIII), received from probation officer;
(5) an inspection file containing notes of inspection of offices of probation officers and copies of reports of inspection submitted to the Chief Probation Officer;
(6) register of probationers staying in institutions or premises referred to in Rule 31, in the district;
(7) register of payments to probationers in the district;
(8) register of payments to societies in the district; and
(9) such other records as may be directed to be maintained by the Chief Controlling Authority.
- Miscellaneous
- Probationers not to be employed on private work of probation officer.- A probation officer shall not employ any probationer placed under his supervision for his own private purpose or take any private service from him.
- - Every probation officer shall collect and submit in January and July, the following statistics for the proceeding half year to the District Probation Officer concerned, who in turn, will consolidate these statistics for the probation district and submit the same to the Chief Probation Officer:-
(1) the number of probationers;
(2) employment of probationers;
(3) the number of cases of variation of order under Section 8 of the Act and of failure to observe conditions of bond dealt with under Section 9 of the Act;
(4) the number of offenders in his jurisdiction (a) discharged after admonition under Section 3 of the Act, (b) released under Section 4(1) of the Act without supervision, (c) sentenced to imprisonment though under 21 years of age.
The statistics mentioned above should be shown separately according to sex; age group, particulars of the legal provisions specifying nature of crimes and offences :
Provided that in the case of part-time probation officers the statistics mentioned in this rule shall be collected and maintained by the District Probation Officer.
[Forms are not printed]
