Bombay Children (Management of Remand Homes Maintained by District Associations) Rules, 1955
Published vide Notification G. N., E. D., No. BSP. 1452, dated 22nd June, 1955 (B. G., Part 4-B, page 1321)
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| LEGISLATIVE HISTORY 6 |
In exercise of the powers conferred by section 109 of the Bombay Children Act, 1948 (Bombay 71 of 1948), the Government of Bombay hereby makes the following Rules namely :-
CHAPTER I
Preliminary
- Short title and commencement.- (1) These rules may be called the Bombay Children (Management of Remand Homes maintained by District Associations) Rules, 1955.
(2) They shall come into force on the first day of July, 1955.
- Definitions.- In these rules, unless there is anything repugnant in the subject or context; -
(a) "Act" means the Bombay Children Act, 1948;
(b) "Chief Inspector of Certified Schools" or "Chief Inspector" means the Chief Inspector of Certified Schools appointed under section 37 of the Act;
(c) "District Association" means the District Probation and After-Care Association or its subsidiary body affiliated to the Bombay State Probation and After-Care Association referred to in sub-section (1) of section 92 of the Act and recognised by the latter for providing probation and after-care services in the district and which maintains a remand home;
(d) "Educational Inspector" means the seniormost inspecting officer appointed by the Government, for the local area in which the remand home is situated, under sub-section (1) of section 48 of the Bombay Primary Education Act, 1947;
(e) "Managing Committee" means a Committee appointed by the District Association for the day-to-day management of the institutions maintained by the District Association;
(f) "Probation Officer" means a Probation Officer appointed under section 37 of the Act;
(g) "remand home" means a place which has been declared by Government as a remand home under section 26 of the Act;
(h) "Superintendent" means a person in charge of a remand home;
(i) "year" means the year commencing on the 1st day of April.
CHAPTER II
Management
- Office-bearers of the District Association.- (1) Every District Association shall have an Honorary Secretary and an Honorary Treasurer, both offices shall not be held by the same person.
(2) It shall be the duty of the Honorary Secretary to notify to the Secretary of the Bombay State Probation and After-Care Association and the Chief Inspector of Certified Schools the names and addresses of the office-bearers of the District Association and the members of its Committees and Sub-Committees and any changes therein due to death, retirement or otherwise as soon as practicable, but not later than a fortnight from the date of occurrence of the change.
- Managing Committee and its functions.- (1) The District Association shall appoint a Managing Committee from among its members for day-to-day management of the institutions maintained by it.
(2) Subject to the general control and supervision of the District Association and the Chief Inspector of Certified Schools, the Managing Committee shall be responsible -
(a) for the maintenance, upkeep and conduct of the remand home;
(b) for inspecting frequently the remand home to ensure that the general conditions therein and particularly the health, training and welfare of the children are satisfactory. For this purpose, the remand home shall be visited not less than once a month by at least one member of the Managing Committee, who shall satisfy himself that the conditions in the remand home are satisfactory and shall enter his observations in the log book or a book maintained for the purpose at the remand home. Such log book or other book shall be a permanent record of the remand home.
(c) for preparing in time the budget of the remand home for the ensuing year;
(d) for collecting donations and contributions from the public;
(e) for carrying out directions given by the Chief Inspector of Certified Schools for proper and efficient management of the remand home;
(f) for taking such other steps as may be necessary for the smooth and efficient management of the remand home, provided that the Managing Committee may delegate any of its powers and functions to the office-bearers of the Association. The main responsibility will however, be on the Managing Committee.
- Meeting of the Managing Committee.- (1) The Managing Committee shall meet so far as practicable once in a month or at least [once in every quarter of a year]at the remand home.
(2) Minutes of the proceedings of each meeting of the Managing Committee shall be kept in a separate book. This book shall be signed as soon as possible by the presiding authority and shall at all reasonable times be open to inspection by any member of the Managing Committee or by the officers appointed by Government under sub-section (1) of section 37 of the Act. Copies of the minutes shall be supplied to every member of the Managing Committee and the Chief Inspect or of Certified Schools within a fortnight from the date of the meeting.
- Appointment of sub-committees.- (1) The Managing Committee may appoint such sub-committee or sub-committees as it may consider necessary to advise and assist it in the discharge of its duties, functions and responsibilities.
(2) The sub-committee or sub-committees appointed under sub-rule (1) shall exercise such powers and perform such functions as may be assigned to it or them by the managing committee.
CHAPTER III
Superintendent
- Appointment, powers and duties of Superintendent.- (1) The Superintendent of t he remand home may be a Probation Officer or any other trained.or experienced officer appointed by the District Association with the approval of Chief Inspector of Certified Schools to hold charge of the remand home. [He shall perform his duties and exercise his powers under the general control of the Managing Committee, and the Chief Inspector.]
(2) The Superintendent shall reside on the premises of the remand home.
(3) The Superintendent shall -
(a) act as ex officio one of the Secretaries to the Managing Committee but shall have no right to vote;
(b) be responsible for the custody, protection, treatment, training and welfare of the children in the remand home;
(c) move about freely among the children, hear and redress their complaints promptly, acquaint himself with the conduct, progress and behaviour and problems of each child and see that each one of them is provided with proper food, clothing, bedding, and such other amenities as are admissible;
(d) maintain discipline and order at the remand home and among the staff and see that every member of the staff behaves with tact, patience and good temper and discharges his duties satisfactorily and promptly;
(e) maintain the following registers
(i) Admission register.
(ii) Supervision register,
(iii) Weight register.
(iv) Medical Treatment register.
(v) Raw Material register.
(vi) Log Book for visitors.
(vii) Instructions to staff register,
(viii) Cash Book,
(ix) Budget register,
(x) Inquiry register,
(xi) Case files,
(xii) Inward and outward registers in the prescribed forms.
(xiii) Punishment book, and
(xiv) Such other registers as may be directed by the Chief Inspector from time to time;
(f) be responsible for the maintenance of the accounts of the remand home in forms prescribed and in accordance with the directions given by the Chief Inspector from time to time. He shall further satisfy himself that the amounts, earmarked for individual items such as purchase of food, clothing and other amenities are utilised fully, that the rates are reasonable according to the prevalent market rates and that the inmates obtain their full ration;
(g) keep a constant watch on the receipts and expenditure of the remand home and shall satisfy himself by frequent periodical inspections that the registers and account books are written up-to-date, that cash balances correspond with those entered in the cash book, that the daily entries are made in the day books and that outstandings are not allowed to accumulate;
(h) obtain the previous permission of the Managing Committee for leaving the remand home for more than three days and shall also notify his absence to the Chief Inspector of Certified Schools. The Managing Committee may delegate this power to the Honorary Secretary of the District Association.
(4) The Superintendent may -
(a) with the approval of the Managing Committee assign duties to the members of the staff of the remand home. These duties may include those connected with the management and supervision of the children in the remand home, their education, recreation, investigation and other matters connected with the juvenile courts;
(b) may address the Chief Inspector direct on any matter connected with the actual administration of the remand home.
- Annual report.- The Superintendent shall in consultation with the Managing Committee draw up and submit to the Chief Inspector of Certified Schools as soon as possible after the close of each year a report referring to all subjects of interest and giving a brief account of the working of the remand home during the year.
- Arrangements in the absence of Superintendent.- (1) In the absence of the Superintendent on leave or otherwise, the Managing Committee shall appoint in writing the seniormost person or other experienced member of the staff to work as the Superintendent of the remand home and shall communicate to the Chief Inspector of Certified Schools the name of the person so appointed.
(2) The person appointed under sub-rule (1) shall exercise all the powers and perform all the functions of the Superintendent during the absence of the permanent Superintendent and the rules relating to the powers and duties of the Superintendent shall apply to him accordingly.
CHAPTER IV
Other staff
- District Association to maintain adequate staff.- Every District Association shall with the approval of the Chief Inspector of Certified Schools maintain an adequate staff for the management and control of the remand home.
CHAPTER V
Medical Examination and Treatment of Children
- Medical Officer.- (1) The Managing Committee shall appoint a Medical Officer, honorary or otherwise, whose duties shall include -
(a) A thorough examination of each child on admission.
(b) A quarterly inspection of each child.
(c) Visits to the remand home at least once a week.
(d) General inspection of the remand home from the hygienic point of view and advice as to diet and general hygiene.
(e) Examination and treatment of all sick and ailing children.
(f) Maintenance of medical records in the forms approved by the Chief Inspector of Certified Schools.
(g) Furnishing of such reports and certificates as the Managing Committee may require.
(2) Notice of every meeting of the Managing Committee shall be given to the Medical Officer with an invitation to attend the said meeting so that he may have an opportunity of making suggestions regarding health and nutrition of the children and sanitation of the remand home premises.
- Medical Examination of children.- Each child shall be medically examined by the Medical Officer within forty-eight hours, or in special cases within seventy-two hours, after his admission to the remand home, and also, in the case of a child known to be awaiting removal to a certified school, within a similar period before such removal, and further at any other time or times that may be considered necessary by the Medical Officer or the Superintendent. Such examination shall include any steps necessary to ascertain whether venereal disease is present in cases where reason exists to suspect its presence. Such examination may take place either at the remand home or if the Medical Officer desires it, at a suitable clinic.
- Separation of inmate suffering from infectious diseases.- An inmate known or suspected to be suffering from an infectious disease in the remand home shall forthwith be removed to a hospital and if this is not practicable shall be isolated from others. If any infectious disease breaks out in a remand home, any child subsequently admitted shall so far as practicable be kept separate from those who are known or suspected to be suffering from disease.
- Surgical treatment on the children.- No surgical treatment shall be carried out on an inmate without the previous consent of his parent or guardian [unless no reply is received from the parent or guardian within a reasonable time to any request made to him for giving the consent or]the parent or guardian cannot be found or the condition of the inmate is such that any delay would in the opinion of the Medical Officer involve unnecessary suffering or injury to health.
- Report of illness.- The Superintendent shall report at once to the Chief Inspector of Certified Schools any case of infectious disease that may take place and also report all cases of illness excepting those of a minor nature. The parent or guardian of the child shall also be informed forthwith about the illness.
CHAPTER VI
Conditions to be Observed in Remand Homes
- Accommodation.- (1) The number of children in a remand home whether on remand or commitment shall not, save in exceptional circumstances to be reported to the Chief Inspector of Certified Schools, exceed such number as may be fixed by the Chief Inspector of Certified Schools for that home.
(2) In a remand home admitting both boys and girls, suitable arrangements for housing the boys and girls separately with proper staff including a matron and/or a female attendant for the girls' section shall be made.
- Special Staff for a girls' remand home.- In the remand home meant exclusively for girls, a woman social worker and with adequate qualifications or previous experience shall be appointed as the Superintendent.
- Provision for literacy, craft education, etc.- (1) It shall be the duty of the Managing Committee to provide adequate arrangements for furthering literacy, and imparting craft education and physical education to every inmate of the remand home so that he shall be kept gainfully occupied for at least 5 to 6 hours every day.
(2) For the purposes of imparting instruction, the Managing Committee shall in consultation with the Education Inspector divide the children into suitable age groups and lay down a syllabus for literary and craft work separately for each age group. It shall also draw up a time-table for literary and craft programme for each age group in consultation with the Education Inspector. No change in the final syllabus and time-table shall be made without the previous approval of the Education Inspector.
- School.- The practical training given to the inmates of school-going age shall, as far as practicable, aim at giving the inmate training in some productive craft and keeping him usefully occupied. For this purpose, the Superintendent after taking into account the stay of the inmate in the remand home may send him to an outside school in consultation with the Education Inspector. Record shall be kept in respect of each inmate and in all suitable cases the parent or guardian, if alive, shall be kept informed of the progress of the inmate.
- Recreation.- Adequate provision shall be made if possible for free recreation including organised games, walks and visits outside remand home boundaries.
- Employment.- (1) No inmate shall be employed in such manner as to impair his capacity for profiting by instruction or depriving him of reasonable recreation or leisure.
(2) No inmate shall be employed for private or domestic work either by the District Association or the remand home.
- Remand home routine.- Daily routine of the remand home including the hours of rising, school room instructions, and practical training, domestic work, meals, recreation, interview hours and retiring hours, etc., shall be in accordance with a scheme approved from time to time by the[Managing Committee.]A copy of the daily routine shall be posted in the office of the Superintendent. Any substantial deviation in the daily routine shall be entered in the Log Book. [* * *]
- Discipline and punishment.- (1) Superintendent of the remand home shall be responsible for maintaining discipline in the remand home.
(2) If there is an occasion for punishment it shall be reasonable and according to modern methods, such as lack of recreation, loss of amenities, etc.
(3) No inmate with any physical or mental disability shall be punished except on the advice of the Medical Officer.
(4) A Punishment Book shall be maintained and cases of punishment shall be recorded therein. No inmate shall be allowed to administer punishment in any form, to any other inmate.
- Hygiene.- Proper lighting arrangements, water facilities for both drinking and sanitary purposes shall be provided and separate kitchen accommodation shall be made.
- Inspection.- The remand home shall be open to inspection at all time by the officers of the Juvenile Department or by the Education Inspector or by such other officers as may be authorised by Government in this behalf.
- Miscellaneous.- (1) Each inmate shall be provided with separate bedding and clothing. Each inmate shall sleep in a separate bed.
(2) Every inmate shall be supplied with sufficient and varied food in accordance with the diet scale laid down by Government.
(3) Each inmate shall have a separate plate, vati and drinking glass.
CHAPTER VII
Finance
- Budget of the remand home.- (1) The Superintendent of the remand home shall prepare the budget of the remand home for the ensuing year on the basis of the actual expenditure, for the past three years and the probable requirements for the ensuing year and shall submit it to the Managing Committee for consideration before the 1st day of August of every year. The budget shall be prepared in the form laid down by the Chief Inspector of Certified Schools.
(2) The Managing Committee shall scrutinise the budget prepared under sub-rule (1) and shall forward it with its remarks thereon to the Chief Inspector not later than the 31st August. The Chief Inspector may sanction the budget forwarded to him with such modifications as he deems fit.
- Accounts.- The Superintendent shall maintain the accounts of the remand home in the forms prescribed to Schedules "A" and "B" to these rules. He shall submit to the Chief Inspector of Certified Schools a copy of the annual statement of account required to be submitted by him to the Charity Commissioner under the Bombay Public Trusts Act, 1950.
- Permanent advance.- The Superintendent shall have a permanent advance not exceeding Rs. 100 for meeting the day-to-day expenses of the remand home. The bills and vouchers in support of the expenditure incurred from the advance shall be kept in such forms as may be directed by the Chief Inspector of Certified Schools and shall be submitted by the Superintendent regularly to the Honorary Treasurer of the District Association.
- Receipts to be passed for every amount received.- The Superintendent shall pass a receipt to the Honorary Treasurer for every amount received by him for the management of the remand home and shall maintain accounts of such receipts and expenditure in such forms as may be specified by the Chief Inspector.
- Submission of quarterly statement of accounts.- The Superintendent shall submit a quarterly statement of accounts to the Chief Inspector of Certified Schools in the form prescribed in Schedule "C" to these rules.
- Audit of accounts.- The Managing Committee shall get the accounts of the remand home audited annually by a Registered or a Chartered Accountant as soon as the year is over and shall submit to the Bombay State Probation and After-Care Association and the Chief Inspector of Certified Schools the audited annual statement of accounts by the 31st of August in the next year.
- Account books to be open for inspection.- All account books, bills, vouchers etc., of receipts and expenditure in respect of the remand home shall be open (o inspection and scrutiny by the inspecting officers of the Juvenile Department or by any other officer nominated by Government in this behalf at all reasonable times during working hours with or without previous notice. It shall be the duty of the Superintendent and the Managing Committee to give all reasonable facilities and information to the aforesaid officers and to take prompt action on all the points raised by these officers in regard to such accounts.
- Calculation of grant-in-aid.- (1) Subject to the availability of funds and to the provisions of these rules, an institution declared as a remand home shall during the period for which the declaration is in force be entitled to receive grant-in-aid at such rates as may be sanctioned by Government from time to time.
(2) The grant-in-aid shall also be subject to the following conditions, namely :-
(a) there is no adverse report by the Chief Inspector of Certified Schools or any officer authorised by Government in this behalf against the institution;
(b) if the institution has a surplus (i.e.. excess of income over total approved expenditure) exceeding 10 per cent, of its approved expenditure then the grant payable shall be reduced to the extent of the excess of such surplus over 10 per cent, of the approved expenditure;
(c) the total unexpended accumulation of such surplus to be credited to a special reserve fund to be utilised for approved recurring as well as non-recurring expenditure of the remand home, does not exceed on an average the six months' expenditure of the remand home.
Note 1. - Approved expenditure shall include besides the expenditure on all items on which under the orders of Government for the time being in force grant is payable, all reasonable expenditure on other items which are considered as approved by the inspecting officers in the interest of efficient, administration of the remand home, all other expenditure shall be treated as unapproved and shall be excluded from the total expenditure while calculating the surplus, if any, of the income over expenditure. The Chief Inspector of Certified Schools shall circulate from time to time the items of expenditure which shall be held as approved.
Note 2. - In the event of any dispute between the inspecting officers and the managing committee regarding whether a particular item of expenditure or the total expenditure on the particular item is approved or not, the matter shall be referred to the Chief Inspector of Certified Schools and the decision of the Chief Inspector of Certified Schools thereon shall be final.
Note 3. - Donations and subscriptions earmarked for specific purposes shall not be taken into account while calculating the income for purposes of this rule.
(3) The grant determined under this rule may further be reduced or even discontinued by the Chief Inspector of Certified Schools for any one or more of the following defaults or irregularities, provided that before doing so the District Association shall be given an opportunity to show cause why the grant may not be so reduced or discontinued.
(i) for unsatisfactory conduct and management of the remand home or for unsatisfactory conduct and/or work of the staff directly recruited by the District Association, if the Association fails to take suitable corrective action within a reasonable period;
(ii) for non-compliance to the satisfaction of the Chief Inspector of Certified Schools or the inspecting officers of any of the directions given by them;
(iii) for not providing food and other amenities to the children under their care according to the standard laid down by Government in this behalf.
The District Association may submit an appeal to Government against the order enforcing any cuts in or withdrawal of the grant made by the Chief Inspector of Certified Schools, provided such appeal is submitted within 30 days or the date of receipt of the order appealed against. The decision of Government thereon shall be final.
CHAPTER VIII
Regulations
- Regulations to be made by Association.- (1) Every District Association shall, with the previous approval of the Bombay State Probation and After-Care Association and the Chief Inspector of Certified Schools, make regulations, consistent with the Act and these rules :-
(a) for determining its constitution:
(b) for regulating the recruitment and the conditions of service of its staff;
(c) for regulating its procedure and management of its affairs.
(2) No alteration shall be made in the regulations except with the previous approval as aforesaid.
