| LEGISLATIVE HISTORY 6 |
In exercise of the powers conferred by sub-section (1) and clauses (a), (b), (c), (d), (e), (i), (i), (k) and (m) of sub-section (2) of section 19 of the Bombay Borstal Schools Act, 1929 (Bombay XVIII of 1929), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (3) of the said section 19, namely
- Short title.- these rules may be called the Maharashtra Borstal Schools Rules, 1965.
- Definitions.- In these rules unless the context otherwise requires,-
(a) "Act" means the Bombay Borstal Schools Act, 1929:
(b) "inmate" means a young offender detained in a Borstal school under the Act or any law corresponding thereto in force in any other State in India;
(c) "Medical Officer" includes the Assistant Medical Officer in-charge of the Borstal Schools Hospitals;
(d) "Principal" means the Principal of a Borstal school;
(c) "Probation Officer" means a probation officer appointed or recognised as such by the State Government under the Bombay Children Act. 1948;
(f) "School" means a Borstal school;
(g) "Section" means a section of the Act.
[2A. Certain offenders not to be detained in Borstal school. - The following classes of persons shall not be ordered to be detained in a Borstal school that is to say,-
(a) offenders who cannot take and follow instructions in Marathi for the purposes of training in a Borstal School in this State, and
(b) female offenders so long as a Borstal School for females is not established by the State Government.]
- Control and management of Borstal school.- Subject to the orders of the Inspector-General of Prisons, the control and management of a Borstal school shall vest in the Principal.
- Appointments and transfers, etc. of officers.- (1) For the purpose of control and management of a Borstal school, the State Government shall appoint in addition to the Principal, a Medical Officer and such other officers as it thinks necessary.
(2) The Principal and officer so appointed shall be liable to be transferred for service in connection with any prison in the State and vice-versa.
(3) The Principal, the Medical Officer and the officers so appointed shall, during the term of their office in the Borstal school, also be subject to the rules made under the Prisons Act, 1894, except in so far as rules made thereunder are inconsistent with the Act and these Rules.
- Duties of Principal.- The Principal shall,-
(a) exercise close and constant personal supervision;
(b) daily visit and inspect the school premises where inmates work or live;
(c) give special attention to every inmate who is a hospital patient;
(d) at least once a fortnight, visit the school during the night and satisfy himself that everything is in order;
(e) carry out all the duties specifically imposed upon him under these Rules.
- Constitution of Visiting Committee.- (1) A Visiting Committee referred to in sub-section (2) of section 4 shall consist of eleven members. Of these, seven shall be officials and four shall be non-officials.
(2)(a) The official members shall be -
(i) the District Magistrate (who shall be the Chairman),
(ii) the Chief Inspector of Certified Schools. State of Maharashtra or his nominee.
(iii) the District Judge,
(iv) the Civil Surgeon,
(v) the Principal of the School,
(vi) the Zilla Parishad Educational Inspector, and
(vii)the Superintendent of Police.
(b) Out of the four non-official members, two shall be nominated by the State Government from amongst the members of the State Legislature and two from social workers.
(c) In the absence of the District Magistrate the senior-most official member shall act as the Chairman.
- Term of office of non-official members of Visiting Committee.- (a) The non-official members of the Visiting Committee shall hold office for a period of three years from the date of their appointment or for such further period as the State Government may, by general or special order, direct.
(b) The non-official members shall be eligible for re-nomination on the expiry of the term of their office.
[7A. Travelling allowance, etc. to the non-official members. - The non-official members of a Visiting Committee shall be eligible for such travelling allowance, daily allowance or conveyance charges, as may be admissible according to Appendix XLII-A of the Bombay Civil Services Rules, 1959, Volume II.]
- Powers and duties of Visiting Committee.- (1) The Visiting Committee shall -
(a) visit the Borstal school on such occasion as may be fixed by the regulations in that behalf for the purpose of ensuring that the provisions of the Act are duly given effect to : provided that it shall be lawful to individual members of the Committee to visit the school on like occasions:
(b) make such suggestions for the improvement in the training imparted to the inmates as is considered necessary and to report to the Inspector-General from time to time any matter which in its opinion should receive his attention;
(c) consider all cases of release on licence under section 14 as may be placed before it. by the Principal;
(d) consider such action as may be necessary in regard to the inmates whose term of detention is about to expire:
(e) consider cases recommended by the Principal for release after being satisfied that there is a reasonable probability that the objects of training have been achieved;
(f) consider cases of inmates who, owing to mental deficiency or other reasonable cause, are unfit for Borstal training;
(g) inspect all parts of the Borstal school and see every inmate detained therein;
(h) satisfy itself that the necessary disciplinary and reformative measures are being carried out;
(i) give every inmate an opportunity for making an application or a complaint to the committee and inquire into the same;
(j) inquire into the details of the past history, the nature of the offence committed, the conduct and character in the Borstal school and the future intentions and prospects of every inmate whose case may be placed before it for consideration by the Principal and if it thinks fit, to recommend him to the Inspector-General for discharge on licence.
(2) A member of the Visiting Committee or any of the inmate's dependants shall not have any interest in any contract made in respect of the Borstal school.
- Meetings of Visiting Committee.- (1) The Visiting Committee shall meet once in every two months. The Principal shall send a notice fixing date, time and place of the meeting to all the members at least seven days before the date fixed for the meeting together with a statement of the business to be transacted thereat.
(2) Five members shall form a quorum.
(3) Where at any meeting there is no quorum, the Chairman shall adjourn the meeting to such hour on the following day or on some other future date as he may reasonably fix. A notice of such adjournment shall be issued to every member of the Committee, and put up at the office of the Principal. The business which would have been brought before the original meeting, had there been a quorum thereat shall be brought before the adjourned meeting and may be disposed of at such meeting or at any subsequent adjournment thereof whether there be quorum present or not.
(4) The proceedings of each meeting of the Visiting Committee shall be recorded in a book kept for the purpose, a copy whereof shall be sent to the Inspector-General for his information and orders.
- Holidays.- The Borstal school shall observe ail Sundays and such other holidays as the Inspector-General may in this behalf direct. A special cultural and recreational programme should, as far as possible, be organised on these days by the Principal.
- House System.- (1) The inmates in a Borstal school shall be classified and segregated into dormitories or Houses,-
(a) according to age groups (i.e.. those between 15 to 18 years of age, those above 18 years but less than 20 years and those above 20 years of age); and
(b) on the basis of institutional treatment (i.e., those having previous institutional experience and those having no previous institutional experience).
(2) Each House shall have a House Master, who shall be responsible to the Principal for -
(a) the tone and general behaviour of the inmates in the House,
(b) the training of each inmate therein,
(c) the cleanliness of the yards, rooms, clothing, bedding and utensils.
(3) The House Master shall be present in the common dining hall at the time of the distribution of food. He shall ensure that the food served is wholesome and according to the prescribed scale and the inmates take their food in a congenial and healthy atmosphere and in an orderly manner.
(4) A group of 10 inmates shall be under a Monitor selected by the House Master from amongst the inmates in the group. The Monitor shall wear a distinguishing mark.
(5) The Principal shall select from amongst the Monitors a Head Monitor for each House who shall wear a special mark distinguishing his rank.
(6) Each House shall be known by a "Name" and be distinguished by its "House Colour".
(7) The inmates of the House shall wear a band of cloth having the "House Colour" on the sleeve of left arm.
- Daily routine and programme of inmates.- The programme of daily routine of the inmates in a Borstal school shall be as follows :-
(A) Early morning -
(i) Toilet;
(ii) Meditation;
(iii) Preparation for opening;
(iv) Unlocking at day-break according to conditions of visibility;
(v) Counting;
(vi) Search;
(vii) Leaving the House.
(B) Morning -
(i) Toilet;
(ii) Prayers in groups;
(iii) Morning conjee;
(iv) Physical Training, drill, individual and group exercises, light yogasanas:
(v) Educational classes (two hours);
(vi) Vocational training (two hours);
(vii) Bath;
(viii) Meal and rest.
(C) Afternoon -
(i) Work and School;
(ii) Outdoor games or Gymnastics upto 5.30 p.m.;
(iii) Toilet.
(D) Early evening -
(i) Wash:
(ii) Evening meal;
(iii) Evening prayers;
(iv) House Master's talk to the offenders in the HOuse followed by lock-up;
(v) Reading in Houses, listening into radio on loud-speaker, or other hobbies as may be allowed by the Principal;
(vi) Lights out at 9 p.m.
- Programme for Sundays and holidays.- The programme for Sundays and holidays shall be as follows:-
(A) Early morning -
(i) Toilet;
(ii) Meditation;
(iii) Preparation for opening:
(iv) Unlocking at day-break according to conditions of visibility;
(v) Counting;
(vi) Search;
(vii) Leaving the House.
(B) Morning -
(i) Toilet;
(ii) Prayers in groups;
(iii) General cleaning of houses, open spaces, etc.;
(iv) Cleaning of equipment;
(v) Washing of clothes;
(vi) Bath;
(vii) Inspection of equipment;
(viii) Meal and rest.
(C) Afternoon -
(i) Cultural or social programme;
(ii) Newspapers, books radio;
(iii) Toilet;
(iv) Games.
(D) Early evening -
(i) Wash;
(ii) Evening meal followed by prayers, etc;
(iii) Preparation for lock-up.
Note. - (a) The above is a general outline of programme and daily routine.
(b) The Principal is authorised to make necessary changes in the daily routine or programme to suit the needs of the institution.
- Searches of new inmates.- (1) Every new inmate before he is received in a Borstal school shall be searched thoroughly and carefully at the gate of the school.
(2) Every article (including private clothing, money and jewellery) shall be entered in the Property register and deposited in the store room. Tobacco in any form, if found with an offender on admission, shall on no account be allowed to remain with him. It shall be disposed of in a suitable manner as may be decided by the Principal.
(3) Jewellery and other valuable articles shall be preserved in the manner detailed in Form 'A'.
- Wash on admission of new inmates.- Every new inmate shall be made to wash himself thoroughly immediately, after his admission and where such admission is given late after lock rip, early next morning. For this purpose, every inmate shall be issued carbolic soap lotion at the scale of 57 MI. of lotion. The private clothing of every such inmate shall also be washed and disinfected, before it is stored in the store room.
- Medical Examination of new inmates.- (1) The Principal shall be responsible to see that every newly admitted inmate is brought on the day or the day following his admission into a Borstal school for examination according to rules before the Maharashtra Medical Service Officer, who shall examine him thoroughly and record in his Health register in Form 'B' the following details; that is to say,-
(a) Weight (both actual and physical equivalent).
(b) Height.
(c) State of health.
(d) Class of labour for which the inmate is fit.
(e) Whether the inmate has been vaccinated or has/had small pox.
(f) Any other remarks.
(2) If an inmate is not in a state of good health or is not fit for hard .labour, reasons, therefore, shall be recorded in the register referred to in sub-rule (1) and also in the personal Record Sheet of the inmate.
(3) The Maharashtra Medical Service Officer shall admit any sick inmate to the hospital for treatment.
(4) Every offender shall, on his admission to a Borstal school, be kept in quarantine for such period, not being less than ten days as the Medical Officer may consider necessary.
(5) Where any epidemic disease is prevalent and accommodation for new admission has been provided outside the Borstal school, then offenders shall not be admitted within such school except in accordance with the orders of Medical Officer or, in his absence, by the Maharashtra Service Officer.
(6) Offenders shall, on admission into a Borstal school, be provided with clothing and other equipment.
- Principal to submit nominal roll to Inspector-General.- The Principal of every Borstal school shall on each Friday submit to the Inspector-General, a nominal roll of all inmates admitted to the school during the week together with full details of the delinquency and the detention period of such inmates.
- Principal to report cases of incorrigibles, etc. to the Inspector-General.- Where the Principal considers, whether on a report of the Medical Officer or otherwise, that any inmate detained in the Borstal school is unsuitable for training in a Borstal school, he shall immediately make a report to that effect to the Inspector-General. The Inspector-General shall decide whether t lie inmate should be transferred to a prison after obtaining the requisite orders of Government under section 12 of the Act.
- Grades.- (1) The inmates of a school shall be divided by the Principal into the following grades :-
(a) Grade I.
(b) Grade II.
(c) Grade III.
(d) Penal Grade [(as provided in rule 26)].
(2)(a) All inmates, on their admission into a Borstal school, shall be placed in Grade III and promotion shall be regulated in the manner hereinafter specified by close personal observation of the inmates, attention being specially paid to their general behaviour, their amenability to instructions, both literary and industrial.
(b) Every inmate shall remain in Grade III for at least six months after his admission to a Borstal school. During this period a suitable programme of work, vocational training and overall education shall be designed for the inmate commensurate with his physical and menial condition. The inmate shall be carefully observed by the House Master, teachers and other officials of the Borstal school, with special reference to his character, mental disposition and fitness for a special trade.
- Facilities for inmates in Grade III.- An inmate shall, on his admission into a Borstal school, be permitted at the cost of Government, to write one letter, and every month thereafter have one interview with his relatives and friends, and write one letter.
- Maintenance of record of inmates in Grade III.- (1) A record of the conduct and industry of each inmate in Grade 111 shall be maintained in a register to be kept for the purpose. The Principal shall record therein every day his remarks,- "Very good", "Good", "Fair" and "Bad" - against the name of each inmate. Marks on the basis of these remarks shall be awarded to every inmate as shown below :-
| Very good | .. | .. | 3 marks. |
| Good | .. | .. | 2 marks. |
| Fair | .. | .. | 1 mark. |
| Bad | .. | .. | Nil. |
(2) The full marks for a month of 26 working days shall be 78 to which the Principal may, when he thinks fit, add 22 marks, to make up a monthly total of maximum of 100 marks.
- Eligibility and promotion to Grade II.- (1) An inmate in Grade III, shall be required to earn at least 500 marks before he can be promoted to Grade II. A progress report in Form 'C' shall be maintained in respect of each such inmate by the House Master under the supervision of the Principal.
(2) The progress reports so maintained shall be scrutinised by the Visiting Committee once in every two months, and indication of its approval or disapproval of the progress of the inmate in his demeanour, educational standard and daily out-turn of work, shall be given by the Visiting Committee to the House Master, who shall communicate the same in an intelligible manner to the inmate concerned so that the inmate could take it. as a reward or a warning, as the case may be, for showing better results in future.
(3) In the first week of the seventh month from the date of admission of an inmate, the Principal shall review the progress of the inmate and his response to the institutional training. The Principal shall decide as to whether the inmate deserves promotion to Grade II immediately or after such period as the Principal thinks fit.
(4) The decision of the Principal shall be communicated to the inmate concerned. If the inmate is required to remain for more than six months in Grade III, the number of additional marks to be obtained by him for promotion shall be increased by such number, as the Principal may consider necessary depending on the merits of each case.
(5) Every inmate promoted to Grade II shall remain in that grade at least for six months from the date of his promotion. A suitable programme consisting of work, vocational training, overall education, and recreational and cultural activities shall be designed for such inmate.
- Facilities to inmates in Grade II.- Every inmate, on his promotion to Grade II, shall be permitted to accompany members of the staff on route marches; to write one letter at Government cost and one more at his own cost, and have one interview with relatives and friends, every month.
- Promotion to Grade I.- In the first week of the seventh month from the date of promotion of an inmate to Grade II, the Principal shall examine the case sheet, progress reports and other relevant records of the inmates and if it appears to him that any such inmate can safety be placed in a position of special trust, he may be promoted to Grade I. Every inmate so promoted to Grade I shall wear a distinctive badge.
- Facilities to inmates in Grade I.- (1) Every inmate on promotion to Grade I shall be given the following facilities, namely :-
(a) to play in the school matches on outside play grounds;
(b) to accompany members of the staff on route marches;
(c) to write one letter at the Government's cost, and two at his own cost every month:
(d) to have one interview with his relatives and friends, every fortnight.
(2) The Principal shall select from among the inmates in Grade I, Monitors not exceeding ten per cent, of the total number of such inmates.
(3) A monitor shall be eligible for being released on furlough for a period of 10 days every year. The period of release shall be treated as detention in the school.
- Penal Grade.- Where there are reasons to believe that an inmate in a school is exercising a bad influence, or is guilty of any serious misconduct, the Principal shall place him in the penal grade for such period, as he may deem necessary, in the interest of the other inmates in the school. For similar reasons, an inmate in Grade I or Grade II may be placed in Grade III or penal grade, as the Principal may think necessary.
(2) While in the penal grade, an inmate shall be employed separately on hard and laborious work, and shall forfeit all privileges previously allowed to him. The Principal shall record in his Order Book particulars of every case in which he orders any offender to be placed in the penal grade, with the reasons therefor, stating the period during which he is to be so retained. This record shall be placed before the Visiting Committee at each visit. If an inmate has been placed in the penal grade, or if he is reverted to Grade III, or Grade II, he shall not be restored to the Grade, from which he was degraded, until he has served such period in the lower grade as the Principal may determine.
- Wages.- Wages may be paid to the inmates for work done by them at such scales as may from time to time be determined by the State Government on condition that they complete their daily quota of work to the satisfaction of the Borstal school authorities, with a view to -
(a) offering on incentive and stimulus for effort, work and industry:
(b) making school work purposive and meaningful;
(c) developing a sense of responsibility and self-respect amongst the inmates;
(d) enabling inmates to purchase their sundry daily extra requirements from the school canteen; and
(e) helping inmates to effect savings for their post release rehabilitation and also for extending economic help to their family members, that is to say, father, mother, brother and sister.
- Savings and Expenditure.- (1) Every inmate shall be allowed to utilise not more than two-thirds of his earnings (the remainder being kept as compulsory savings for his rehabilitation needs) for the following purposes, that is to say :-
(a) purchasing articles from the school canteen,
(b) purchasing post cards, envelopes and the like,
(c) remittance to family members,
(d) purchase of approved books, and
(e) other items are approved by the Principal, such as purchase of National Savings Certificates.
(2) Wages earned by an inmate shall be credited in the wage account of each inmate. All wage disbursements shall be done through debit adjustments in the inmate's wage account.
(3) All matters pertaining to work and wages shall be handled by the concerned staff members.
(4) At the time of an inmate's release on parole or furlough if the inmate so desires, the Principal may, in his discretion pay him in cash the balance or portion of his balance after reserving one-third portion of his earnings.
- Hours of work.- All inmates, provided they are medically fit shall be required to labour for nine hours on every working day. The day's work shall ordinarily be divided as follows
| (a) | Drill and Physical exercises | 1 hour. |
| (b) | Recreation | 1 hour. |
| (c) | Literary instructions | 2 hours. |
| (d) | Manual Work (including agriculture) | 5 hours. |
- Clothing, bedding and equipment.- The items to be supplied at Government cost to inmates of the school shall be as follows :-
[(1) Clothing -
| (i) | Shirts - half sleeves with thread buttons and with arms and the seal of the Borstal school, stitched on the breast of the shirt with collar and without pockets, made of white double dungaree pattern | 2 |
| (ii) | Half Pants - (khaki) drill with flaps, thread buttons without pockets | 3 |
| (iii) | Caps - cotton (white) | 2 |
| (iv) | Triangular Langota - cotton (white) | 2 |
| (v) | Standard convict Towel | 1 |
| (vi) | Bandi (cotton or wool) | 1 |
| (vii) | Underwear (Chuddies) | 2 |
| (viii) | Banians without sleeves | 2] |
[One set of the clothing of the inmates shall be washed and ironed
[once in a week] at Government cost.]
(2)(1) Monitors and inmate in Grade I shall have to wear armed bands of red and saffron colours respectively.
(2) Cotton or woollen bandi shall be issued every two years.
(3) Bedding and other equipment -
| (i) | Chaddar - cotton or woollen | 1 |
| (ii) | Pillow and pillow-case | 1 |
| (iii) | Cotton sheet | 1 |
| (iv) | Loom carpet | 1 |
| (v) | Aluminium mug | 1 |
| (vi) | Aluminium bowl | 1 |
| (vii) | Aluminium katora | 1 |
(4) Cotton or woollen chaddar and cotton sheet shall be given every two years, the loom carpet every five years and the aluminium mug, bowl and katora every three years.
(5) In addition to the clothing supplied as above, the inmates may be allowed by the Principal to receive from their relatives or friends one vest and one pair of shorts to be used for recreational purposes.
(6) Every inmate on release may be supplied with one outfit of suitable clothing at Government cost, if he has no suitable clothing of his own.
[31. Diet. - (1) The inmate in a Borstal school shall, subject to the provisions of this rule, be provided with daily food according to the scale laid down in Appendix I.
(2) The rules in the Maharashtra Prison (Diet for Prisoners) Rules, 1970 shall apply mutalis mutandis in relation to immates in the Borstal school so far as they are not inconsistent with the Act and these rules.]
- Canteen for inmates.- (1) There shall be a canteen in every Borstal school run on self-supporting basis.
(2) The following articles may be stocked in every such canteen, namely :-
(a) Tea, coffee, milk:
(b) such eatables and articles as the Inspector-General may, from time to time, approve:
(c) soap, oil, combs, and the like:
(d) fruits like bananas and mangoes;
(e) tooth paste, tooth powder, tooth brushes; and
(f) stationery articles like pencils, exercise books and papers.
(3) No inmate other than one working in the canteen shall have access to the canteen stores. .Arrangements shall be made to sell the articles therefrom to the inmates by means of trolleys kept outside the canteen at such places and during such hours as may be fixed by the Principal.
(4) The inmates shall be permitted to purchase the articles referred to in sub-rule (2) from the canteen either from the amount of wages standing to their credit or from their private cash or both.
- Exhibition of Films.- (1) Necessary arrangements to exhibit suitable films for the benefit of the inmates shall occasionally be made by the District Publicity Officer of the State Government in consultation with the Principal.
(2) The Principal may request the District Publicity Officer to communicate to him the names and subject-matter of the films he intends to exhibit so as to enable him to consider the suitability of the films for exhibition to the inmates of the school.
(3) The District Publicity Officer shall record his visit to the school in a register maintained for the purpose together with the names of the films exhibited by him and his remarks thereon, if any.
(4) The Principal shall submit a monthly report to the Inspector-General stating therein the number of films so exhibited with the dates and the names and subjects of the films exhibited. He shall also forward along with his report the relevant extract of the register referred to in sub-rule (3).
- Annual Sports.- (1) The Principal shall arrange for the Borstal school annual tournaments and for distribution of prizes of an amount not exceeding Rs. 75, to the first three inmates in each item of sport as under:-
First Prize of Rs. 7;
Second Prize of Rs. 5;
Third Prize of Rs. 3 :
Provided that, the Principal may, with the previous sanction of the Inspector-General, distribute prizes not exceeding Rs. 150.
- Discipline.- (1) The Principal shall be responsible for maintaining discipline in the Borstal school.
(2) In dealing with an inmate, no officer shall use force unnecessarily. When force has to be applied, no more force shall be used than is necessary. No officer shall act in a manner calculated to provoke or annoy any inmate.
(3) If the Principal is satisfied that the behaviour of any inmate is such that in the interest of his own training or for the good of the other inmates, he should be temporarily removed from the normal community life, he may order the removal of the inmate from his House for a specific period, and the inmate may be accommodated in a separate room under such restrictions regarding association and privileges as the Principal may impose.
- School offences and punishment therefor.- (1) Every offence against school discipline shall be reported forthwith to the Principal who shall investigate into the same as early as possible. If the offence is proved, the Principal may award one or more of the following punishments, that is to say -
(a) Minor punishment -
(a) Formal warning.
(b) Change of labour.
(c) Forfeiture of wages for a period not exceeding three months.
(d) Reduction in grade for a period not exceeding three months.
(e) Extra drill.
(f) Deduction of marks upto a maximum of 50 at a time.
(g) Penal Grade not exceeding one month.
(h) Forfeiture of any of the privileges of the grade for a period not exceeding three months.
(b) Major punishment -
(a) Reduction in grade for more than three months.
(b) Combination of any of the punishments, specified in clause (a).
(c) Deduction of marks over 50 but not exceeding 100 at any one time.
(d) Penal grade exceeding one month but not exceeding three months.
(e) Forfeiture of any of the relevant privileges of the grade for a period exceeding three months, but not exceeding six months.
(2) No punishment as aforesaid shall be awarded to any inmate by any person other than the Principal or in his absence the officer exercising his functions.
(3) If the Principal is of the opinion that an inmate has committed any of the offences specified in section 45 of the Prisons Act, 1894, he shall report the case to the Inspector-General.
- Medical Care.- (1) In every school, there shall be provided by the State Government a hospital for the treatment of sick inmates. It shall be properly equipped and furnished.
(2) The Medical Officer in-charge of the Hospital shall have the care of the mental and physical health of every inmate. He shall visit the sick inmates every day. Every inmate who complains of illness shall be immediately brought before the Medical Officer who shall examine and decide whether the inmate should be treated in the hospital or detained therein for observation or treated in any hospital outside.
(3) The Medical Officer shall advise the Principal regarding the fitness of an inmate for games, exercise and training.
(4) All raw and cooked food shall be approved by the Medical Officer before it is used.
(5) The Medical Officer may alter the scale of diet in any deserving case on medical grounds, which shall be recorded in the Report Book.
- Release on Licence under section 14.- (1) No inmate shall be eligible for release on licence under section 14 of the Act. unless he has completed a period of at least six months in the school. The Principal shall obtain the opinion of District Probation Officer regarding the suitability for discharge on licence of an inmate and place it before the Visiting Committee. The recommendations of the Committee shall state whether any society or responsible person is willing to take charge of the inmate under its or his supervision and provide work for him and whether the inmate is willing to be placed under the authority and supervision of such society or person. Cases of release recommended by the Visiting Committee shall be submitted for orders to the Inspector-General.
(2) The licence granted under section 14 of the Act shall be in the Form D' appended to these rules.
(3) An inmate discharged on licence shall ordinarily be accompanied by a member of the school staff to the place of his destination.
(4) When the release of an inmate is about to fall due, the Visiting Committee shall take such measures as it thinks fit, inclusive of the following :-
(a) sending the inmate to his home,
(b) finding employment for him, or
(c) otherwise assisting him.
(5) The Visiting Committee may recommend the grant of an award not exceeding Rs. 20 to a deserving inmate at the time of his release. The amount so recommended shall be paid through the Probation Officer to such inmate if he does not go home or does not find any employment.
- Form of licence.- Every licence granted in Form 'D' appended to the rules shall contain following conditions that is to say
(a) that the licensee shall proceed forthwith to the place mentioned in his licence and report himself to the Probation Officer;
(b) that he shall remain under the supervision of the Probation Officer under whose care an inmate has been placed or any other Probation Officer to whose supervision he may be transferred by the Inspector-General during the period of the licence and he shall obey all the instructions of the Probation Officer issued to him either verbally or in writing regarding his residence, employment and conduct;
(c) that he shall not proceed beyond the limits of the places within which he may be restricted from time to time by the Probation Officer, without the permission in writing of the said Officer, and that, he shall proceed to any place indicated by the Probation Officer and by the route specified by him;
(d) that he shall report himself at such time and at such places and to such persons as the Probation Officer may, from time to time, direct;
(e) that he shall apply himself, with due industry and to the satisfaction of the Probation Officer, to the work upon which the said officer may permit him to be employed;
(f) that he shall not commit any criminal offence and shall not associate with men of known bad character;
(g) that he shall receive such remuneration for his work as the said Probation Officer may settle;
(h) that the licence shall be liable to be revoked if there is a breach of any of the conditions mentioned in clauses (a) to (f).
- General provisions regarding release on licence.- (1) No inmate shall be sent out from a Borstal school without his consent, and no inmate shall be licensed, unless the conditions of the licence are personally explained to him by the Principal and are accepted by him. The fact that the conditions are explained to the inmate and are accepted by him shall be certified on the licence by the Principal.
(2) On the suspension or revocation of the licence, the licensee shall return to the Borstal school named in the order of suspension or revocation on or before the date specified in the said order.
(3) If an inmate to whom a licence has been granted becomes unfit or incapacitated to leave the school, whether due to disease or otherwise, his licence shall be cancelled by the Inspector-General, unless in the opinion of the Visiting Committee, his unfitness or incapacity is of a temporary nature in which case the licence shall be kept pending with the Principal.
(4) The Principal in such cases, shall obtain the opinion of the District Probation Officer regarding the suitability for discharge on licence or parole, as well as of his surety and place it before the Inspector-General.
(5) If at any time during the period of licence, a Probation Officer under whose care an inmate is placed is of the opinion that the inmate has not made any efforts to show progress in his work or finds that his conduct is not satisfactory, he shall immediately report the matter to the Principal who shall immediately report to the Inspector-General for his orders.
(6) Unless especially recommended by the Principal and the Visiting Committee, no inmate who escaped or attempted to escape from a Borstal school or from an employer shall be released on licence.
(7) Every inmate shall, for a period of one year from the date of his discharge from the school excluding the period under licence, be under the supervision of such society or person (being the Probation Officer), as may be approved by the Inspector-General and while under supervision he shall be under an obligation to comply with such requirements as may be specified. Such society or person shall send a half-yearly report on the conduct and work of the ex-inmate to the Principal of the Borstal school.
(8) A register of licences shall be maintained by the Principal, and shall be laid before the Visiting Committee at least once in every two months.
- Release on parole and furlough.- The provisions of rules 2 to 31 (both inclusive), of the Prison (Bombay Furlough and Parole) Rules, 1959 (in Appendix II, hereto) shall mutatis mutandisapply in relation to an inmate detained in a Borstal school, as if the school were a prison, the inmates prisoners, and the Principal, Superintendent.
- Report on death of inmate.- On the death of any inmate, the Medical Officer shall forthwith record in a register the following particulars so far as they can be ascertained, namely :-
(1) the day on which the deceased inmate first complained of illness or was observed to be ill.
(2) the' labour, if any, on which the inmate was engaged on that day,
(3) the scale of diet on the day of the death of the inmate.
(4) the day on which the inmate was admitted to hospital,
(5) the day on which the Medical Officer was first informed of the illness.
(6) the nature of the disease,
(7) when the inmate was last seen before his death by the Medical Officer,
(8) when the inmate died.
(9) any other remarks that may in the opinion of the Medical Officer be made.
- Temporary detention of inmates pending admission in Borstal school.- (1) If accommodation for an adolescent offender, who has been directed by a Court to be detained in a Borstal school, is not immediately available in the Borstal school in the State, he may be sent for detention, to a juvenile section of any prison.
(2) The period so spent in the juvenile section shall be computed towards the term of detention ordered by the Court.
- Maintenance of records, etc.- (1) The Principal shall be responsible for the maintenance of records and registers and for the preparation and submission of the reports and returns required under the Act and these Rules or as may be ordered, from time to time, by the State Government.
(2) Statistics shall be maintained of all inmates who are -
(a) discharged from the Borstal school and who are settled down; and
(b) reconvicted by Courts.
- Repeal and Saving.- On the commencement of these rules, the rules made under the Cental Provinces Borstal Act, 1928 and the Hyderabad Borstal Schools Act, 1956 and in force in Vidarbha and Hyderabad areas of the State shall stand repealed; except as respects things done or omitted to be done before such repeal.
Form A
(See rule 14(3))
Register No.
Name
Sentence
Arrival in School
Release date
Party
Form B
(See rule 16(1))
Register of lads showing particulars of Health on their Admission and Discharge from the School for the year 19 ...
| Sr. No. | Lad's name | Age | Date of admission | State of Health on admission | Class of Labour H. (Hard). M. (Medium) L. (Light) Weight on admission | On admission vaccinated, small-pox or unprotected |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Date of discharge | Weight on discharge | State of Health on discharge | Gained, lost, or stationary | Remarks (If a lad is disposed of otherwise than by discharge, it should be indicated here) | Medical Officer's initials |
| (8) | (9) | (10) | (11) | (12) | (13) |
Form C
(See rule 22(1))
Progress Report
- Number
- Name
- Date of initial classification
- Physical and Mental Health
- Work (task, proficiency, quality, etc.)
- Education
- Interest taken in institutional activities (P. T., Prayers, recreational and cultural activities)
- Discipline
- Change in habits, attitudes and behaviour
- Attitude towards staff
- Attitude towards inmates
- Borstal offences and punishments
- Individual problems, if any (about family, land litigation, business, etc.).
- General assessment about progress
Date .........
House Master/Principal, Borstal School
Recommendation of the Visiting Committee
Orders of the Principal.
Date .........
Principal, Borstal School.
Form D
(See rule 38)
(Order for discharge on licence)
I, the Inspector-General of Prisons, State of Maharashtra, do by this licence permit son of. residence..................................number.... who was ordered to be detained in a Borstal school by the...............Court.............under section 6 of the Bombay Borstal Schools Act, 1929 (Bombay XVIII of 1929) for a term of..........on the...................day of......19 and who is now detained in the Borstal school, at to be discharged from the said school on condition that he be placed under the care, supervision, and authority of...........during the remaining portion of the aforesaid period of detention.
This licence is granted subject to the conditions endorsed hereon, upon the breach of any of which, it will be liable to be revoked.
Inspector-General of Prisons, State of Maharashtra
Conditions
- The licensee shall proceed forthwith to the place mentioned in his licence and report himself to the Probation Officer there.
- The licensee shall -
(a) remain under the supervision of the said Probation Officer or any other Probation Officer to whose supervision he may be transferred by the Inspector-General during the period of the licence:
(b) obey all the instructions of the Probation Officer issued to him, either verbally or in writing regarding his residence, employment and conduct;
(c) report himself at such time and at such places and to such persons as the Probation Officer may, from time lo time, direct;
(d) apply himself with due industry and lo the satisfaction of the Probation Officer, to work upon which the said officer may permit him to be employed;
(e) not proceed beyond the limits of the places within which he may be restricted, from time lo time, by the Probation Officer without the permission in writing of the said Officer and shall proceed only to the place indicated by the Probation Officer and by the route indicated by him;
(f) neither commit any criminal offence, nor associate himself with persons of bad character.
- The licensee may receive such remuneration for his work as settled by the Probation Officer.
I hereby acknowledge that I am aware of the above conditions which have been explained to me.
Signature or mark of the inmate of the Borstal School at...............
Certified that the conditions specified in the above order for discharge on licence have been read over to the inmate named in the said order, and that he has accepted them as the conditions under which he is discharged before the expiry of the term of his detention.
Principal, Borstal School
Certified that the inmate in the above order for discharge on licence has been discharged on .............. and made over to .................
Principal,
Borstal School at...............
(Here the Signature of the person under whose supervision and authority the inmate is required to live ......)
[Appendix I
(See rule 31)
Diet scale for Borstal Lads
| Sr. No. | Article of Food | Scale in grams | Remarks |
| (1) | (2) | (3) | (4) |
| All values are expressed in grams/ mililitres are for daily issue, unless otherwise expressed. | |||
| 1. | Conji | 35 | Rice or wheat or jawar according to availability. |
| 2. | Wheat flour/Jawar or Bajri flour | 650 | According to availability. |
| 3. | Rice | 270 | Twice a week subject to availability in lieu of equal quantity of wheat, jawar or bajri flour. |
| 4. | Pulses and dais | 100 | Except on Sundays |
| 5. | Leafy Vegetables | 100 | |
| 6. | Root Vegetables | 100 | |
| 7. | Other Vegetables | 100 | |
| 8. | Gur | 55 | |
| 9. | Vegetable ghee | 30 | (On Sundays only). |
| 10. | Gram flour | 30 | (On Sundays only). |
| 11. | Onion | 55 | (Thrice a week). |
| 12. | Sweet Oil | 40 | |
| 13. | Groundnuts seeds | 75 | Groundnut seeds and gur may be issued between 8.00 p.m. to 9.00 a.m. |
| 14. | Salt | 20 | |
| 15. | Condiments | 9 | Turmeric ½ gram, Corriander ¾ gram. Garlic ¾ gram. Chillies 5 gram, Jira ¼ gram, Rai ¾ gram, Methi ¾ gram, Asafoetida ¼ gram. |
| 16. | Tamarind | 5 | |
| 17. | Milk | 225 Mililitres | To be reconstituted from 40 grams of skimmed milk powder. |
| 18. | Fuel | 680] |
Appendix II
(vide rule 41)
No. MIS. 5157/74036 (XXIV)-IV, dated 22nd June, 1959. - In exercise of the powers conferred by clauses (5) and (28) of section 59 of the Prisons Act, 1894 (IX of 1894), in its application to the State of Bombay, the Government of Bombay hereby makes the following rules, namely :-
- Short title and extent.- (1) Those rules may be called the Prisons (Bombay Furlough and Parole) Rules, 1959.
(2) They extend to the whole of the State of Bombay.
Rules Regulating the grant of Furlough
- Sanctioning Authority.- The Inspector General of Prisons or the Deputy Inspector-General of Prisons (Headquarters), when the former is out of headquarters (hereinafter referred to as "the Sanctioning Authority") shall, subject to these rules, be competent to grant furlough to convicted prisoners as hereinafter mentioned.
- When prisoner may be granted furlough.- (1) A prisoner, who is sentenced to imprisonment for a period exceeding one year but not exceeding five years, may be released on furlough for a period of two weeks at a time for every year of actual imprisonment undergone.
(2) A prisoner, who is sentenced to imprisonment for a period exceeding five years may be released on furlough for a period of two weeks at a time for every two years of actual imprisonment undergone :
Provided that, a prisoner sentenced to imprisonment for more than five years but not to imprisonment for life may be released on furlough every year instead of every two years during the last five years of his unexpired period of sentence;
Provided further that, a prisoner sentenced to life imprisonment may be released on furlough every year instead of every two years after he completes seven years actual imprisonment.
Note 1. - The period of imprisonment in this rule includes the sentence or sentences awarded in lieu of fine in case the amount of fine is not paid;
Provided that, if fine is paid during the period of imprisonment and the total sentence thereby reduced to a term not exceeding 5 years, he shall thereafter eligible to be released every year in accordance with sub-rule (1) instead of every two years under sub-rule (2).
Note 2. - For the purposes of this rule, the period of imprisonment shall be computed as the total period for which a prisoner is sentenced even though one or more sentences be concurrent.
Note 3. - If at any time, a prisoner who could have been granted furlough is either not granted or is refused the same, the period for which he could have been granted the furlough shall not be carried forward but shall lapse.
Note 4. - The period of two weeks may be initially extended up to three weeks in the case of prisoners desiring to spend the furlough outside the State of Bombay.
Note 5. - An order sanctioning the release of a prisoner on furlough shall cease to be valid if not given effect to within a period of two months of the date thereof.
- When prisoners shall not be granted furlough.- The following categories of prisoners shall not be considered for release on furlough :-
(1) Habitual prisoners.
(2) Prisoners convicted of offences under sections 392 to 402 (both inclusive) of the Indian Penal code.
(3) Prisoners convicted of offences under the Bombay Prohibition Act, 1949.
(4) Prisoners whose release is not recommended in Greater Bombay by the Commissioner of Police and elsewhere, by the District Magistrate, on the ground of public peace and tranquillity.
(5) Prisoners who, in the opinion of the Superintendent of the prison show a tendency towards crime.
(6) Prisoners whose conduct is, in the opinion of the Superintendent of the Prison, not satisfactory enough.
(7) Prisoners confined in the Ratnagiri Special Prison [other than prisoners transferred to that prison or jail services;]
(8) Prisoners convicted of offences of violence against person or property committed for political motives, unless the prior consent of the State Government to such release is obtained.
(9) A prisoner or class of prisoners in whose case the State Government has directed that the prisoner shall not be released or that the case should be referred, to it for orders.
(10) Prisoners who have at any time escaped or attempted to escape from lawful custody or have defaulted in any way in surrendering themselves at the appropriate time after release on parole or furlough.
- Furlough not t o be granted after return from parole.- Ordinarily furlough shall not be granted to a prisoner within a period of six months from the date of his return from parole.
- Furlough not to be granted without surety.- A prisoner shall not be granted furlough unless he has a relative willing to receive him while on furlough and ready to enter into a surety bond in Form A appended to these rules for such amount as may be fixed by the Sanctioning Authority.
[Provided that, the Sanctioning Authority may dispense with the requirement of execution of such bond by relatives of prisoners confined in Open Prisons as defined in clause (b) of rule 2 of the Maharashtra Open Prisons Rules, 1971.]
- Prisoners to give personal bond before release on furlough.- Every prisoner desirous of release on furlough shall be required to give a personal bond of the required amount in Form B appended to these rules.
- How applications for grant of furlough should be dealt with.- (1) Two months before a prisoner becomes eligible to be considered for release On furlough, the Superintendent of Prison shall inform the prisoner accordingly. If the prisoner desires to be considered for such release, he shall make an application (in duplicate) to the Inspector General of Prisons through the Superintendent of Prison stating clearly the name and full address of the place where he desires to spend the furlough, the full name of the relative willing to receive him on furlough and prepared to execute the surety bond, and shall also state whether he is in a position to bear the expenses of the journey both ways or either way and, if not, the amount of expenses that may be required by him for such journey.
(2) On receipt of the application under sub-rule (1), the Superintendent of Prison shall, unless the prisoner is prima facie not entitled to release on furlough, forward it expeditiously to the District Magistrate concerned through the District Superintendent of Police of that District or to the Commissioner of Police, Greater Bombay, as the case may be, with such remarks as he deems fit. A copy of this communication together with the prisoner's Nominal Roll shall be endorsed by the Superintendent of Prison to the Inspector General of Prisons, and such endorsement shall inter alia state -
(a) the amount of money the prisoner has to his credit including the amount he may have earned in prison,
(b) the amount of money required for the journey both ways,
(c) the amount of security the Superintendent considers proper.
(d) the name of the village, taluka and district and the State in which the prisoner proposes to spend his furlough,
(e) the name of the District from which he hails,
(f) the name of the District in which he was convicted.
The District Magistrate or the Commissioner of Police, Greater Bombay, as the case may be, should be requested to furnish, along with his opinion, the following information regarding the relatives of the prisoner with whom he intends to stay while on furlough
(a) their relationship with the prisoner concerned,
(b) whether such relatives are willing to keep the prisoner while on furlough.
(c) whether they (viz., relatives) are willing to enter into surety bond.
(3) The District Magistrate or the Commissioner of Police, Greater Bombay, as the case may be, shall thereafter forward the application to the Inspector General of Prisons together with his recommendations.
(4) The District Superintendent of Police shall, before forwarding the application to the District Magistrate concerned and the Commissioner of Police, Greater Bombay shall, before forwarding the application to the Inspector General of Prisons, cause enquiries to be made regarding the prisoner's statement, if any, that he is not able to bear the expenses of the journey both ways or either way, as the case may be, and make recommendations accordingly.
(5) If furlough is not recommended, adequate reasons therefor shall be given.
(6) If on receipt of the application together with the recommendations under sub-rule (3), the Sanctioning Authority considers that furlough be granted, it shall make an order for the release of the prisoner on furlough on such conditions as may be specified in the order.
- Fresh application for furlough.- A prisoner may, if he so desires, make a fresh application for furlough, six months after the rejection of the previous application.
- Conditions of release.- The Sanctioning Authority shall grant furlough to a prisoner subject to his executing a personal bond or giving cash security in Form C appended to these rules and also subject to a surety executing a bond, in Form A appended to these rules, if so required. The release may further be subject to all or any of the following conditions :-
(1) that the said prisoner shall reside at Taluka in the District/Greater Bombay during the period of release on furlough and shall not go beyond the limits of the said District/Greater Bombay without the permission of the District Magistrate/Commissioner of Police, Greater Bombay, or such Officer as the said District Magistrate/Commissioner of Police may appoint in this behalf,
(2) that the said prisoner shall be of good behaviour and shall not commit any offence punishable by or under any law in force in India,
(3) that the said prisoner shall not associate with bad characters or lead a dissolute life,
(4) that the said prisoner shall, in case he proposes to change his religion during the period of furlough, give a minimum of seven days prior intimation to the said District Magistrate/Commissioner of Police as also the Superintendent of the Prison from which he has been released, about such intention, and he shall also furnish them with information regarding the new religion and the new name, if any, which he proposes to adopt,
(5) that the said prisoner will surrender himself to the Superintendent of the Prison from which lie was released on the expiry of the period of furlough,
[(6) that the said prisoner will report once a day to the officer in-charge (...) police station during the period of furlough,
or
that the said prisoner shall, immediately on arrival at the place mentioned in (1) above report at the police station nearest to the said place, and thereafter.]
- Declaration before release.- Before releasing a prisoner on furlough, a declaration as under shall be taken from him on the release order itself :-
"I hereby accept and agree to abide by the above conditions of the release order and I acknowledge that should I fail to fulfill these conditions or any portion of them, the Sanctioning Authority may revoke the order of release and forfeit the amount of security furnished by me and I may be arrested by any police officer without warrant and remanded to undergo the unexpired portion of my sentence, and I further acknowledge that should I fall to fulfill these conditions or any portions of them, I am liable to be punished, on conviction, with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 1,000, or with both, under section 51 -B of the Prisons Act, 1894, as applicable to the State of Bombay."
- Prisoner ordinarily to bear journey expenses.- When a prisoner is released on furlough, the cost of his journey both ways shall be borne by the prisoner concerned :
Provided that, if in the opinion of the Sanctioning Authority, the Prisoner is not able to bear the expenses of journey both ways or either way, as the case may be, the Sanctioning Authority may direct that the whole or any portion of such expense's be borne by the State Government.
- Extension of the period of furlough.- Notwithstanding anything contained in the foregoing rules, the Sanctioning Authority may, on the application of a prisoner or otherwise, by an order in writing extend the period of furlough [The Sanctioning Authority may determine the extension of furlough level shall be granted for only 14 days only once in calendar year and no further extension shall be granted to prisoner on the same conditions].
- Intimation of release and of non-surrender of prisoner.- (1) Whenever any prisoner is released on furlough an intimation of his release on furlough shall forthwith be given by the Superintendent of prison
(i) to the Inspector - General of Prisons,
(ii) to the District Magistrate and the District Superintendent of Police of the District in which the prisoner intends or agreed to spend his furlough and if the prisoner intends or agreed to spend his furlough in Greater Bombay, to the Commissioner of Police,
(iii) to the District Magistrate and the District Superintendent of Police of the District in which the prisoner was convicted and if the prisoner was convicted in Greater Bombay, to the Commissioner of Police,
(iv) if the prisoner belong to this State, to the District Magistrate and the District Superintendent of Police of the District from which the prisoner hails and if the prisoner hails from Greater Bombay, to the Commissioner of Police.
(2) Where a prisoner does not surrender himself to the prison authorities after the expiry of the period of furlough, the Sanctioning Authority may, if it is satisfied that any of the conditions on which the furlough was granted has not been fulfilled, cancel its order granting such furlough. An intimation regarding such cancellation shall forthwith be given by the Superintendent of Prison to the Officers specified in clauses (ii), (iii) and (iv) of sub-rule (1). Upon such intimation, the police authorities may arrest the prisoner, if at large, and remand him to undergo the unexpired portion of his sentence.
- Release order inoperative on a prisoner's surrender to the prison authorities.- As soon as a prisoner released on furlough surrenders himself to the prison authorities, his order of release shall become Inoperative. Where, therefore, a prisoner who is released on furlough has applied for the extension of the period of furlough and before his application has been sanctioned surrenders himself to the prison authorities he shall not be released after such surrender without obtaining a fresh order from the Sanctioning Authority.
- Furlough to be counted as remission of sentence.- The furlough period shall be counted as a remission of sentence :
Provided that, where any furlough period has been extended under Note 4 below rule 3 or under rule 13, the period of extension shall not be counted as a remission of sentence.
- No legal right to furlough.- Nothing in these rules shall be construed as conferring a legal right on a prisoner to claim release on furlough.
Rules Regarding the grant of parole
[18. Authorities competent to sanction parole. - The authority competent to sanction release of a convicted prisoner on parole (hereinafter referred to as "the Competent Authority") shall be as follows namely :-
(i) the State Government in the following eases
(a) prisoners convicted by Courts situated outside the State of Maharashtra,
(b) prisoners convicted by Courts situated within the State of Maharashtra, but confined in prisons situated outside the State,
(c) prisoners convicted of political offences,
(d) any other case or class of cases wherein the State Government has directed that I he case or specified class of cases be referred to it for orders, and
[(ii) the Commissioner of the Division, in all other cases in a Division, in.which the convicted prisoner is confined, or when the Divisional Commissioner is out of headquarters, the Additional Divisional Commissioner :
Provided I hat, if an application for release on parole or for an extension of the period of parole is refused by the Divisional Commissioner, as the case may be, an appeal shall lie to the State Government, whose decision thereon shall be final.]
(2) Notwithstanding anything contained in sub-rule (1), the Superintendent of Prison shall also be the Competent Authority to release a convicted prisoner on parole for a period not exceeding fifteen days, in case of death of his close relation i.e. father, mother, sister, spouse or child of the prisoner.]
[19. When a prisoner may be released on parole. - A prisoner may be released on parole for such period not exceeding thirty days at a time, as the Competent Authority referred to in rule 18, in its discretion may order, in cases of serious illness, or death of nearest relative such as mother, father, sister, brother, children, spouse of the prisoner, or in case of natural calamity such as house collapse, floods, fire. No such parole or extension of parole shall be granted without obtaining a police report in all cases except in the case of death of his nearest relatives mentioned above :
Provided that, a prisoner shall not be released on parole for one year after expiry of his last parole except in case of death of his nearest relatives mentioned above.]
- Parole not to be counted as remission of sentence.- The period spent on parole shall not count as remission of the sentence.
- Application for grant of parole.- A prisoner may be granted parole either on his own application or on an application made by his relatives or friends, or legal adviser.
- Applications for parole how to be dealt with.- (1) Any prisoner desiring to be released on parole shall ordinarily submit his application (in triplicate) in Form D appended to these rules to Superintendent of Prison who shall endorse his remarks thereon and submit one copy direct to the Competent Authority along with the nominal roll of the prisoner and the other to the District Superintendent of Police of the District in which the prisoner proposes to spend his parole period and to the Commissioner of Police if such place is in Greater Bombay.
Note. - Prisoners who apply for parole on false grounds or who abuse the concession or commit breach of any of the conditions of parole are liable to be punished under section 51B of the Prisons Act, 1894, as applicable to the State of Bombay.
(2) The District Superintendent of Police concerned or the Commissioner of Police, Bombay, as the case may be, shall immediately make enquiries to ascertain whether the ground or grounds on which parole is applied for is or are genuine and submit immediately his report to the Competent Authority mentioning inter alia whether it recommends the grant of parole and also whether there is a likelihood of breach of peace if the prisoner is released on parole.
- Enquiries may be made on receipt of application.- On receipt of an application for parole, the Competent Authority may make such enquiries as it considers necessary, and pass such orders as it considers fit. If the Competent Authority considers that there is no objection to release the prisoner concerned on parole it shall make an order for his release on parole.
- Conditions subject to which prisoners may be granted parole.- The Competent Authority may grant parole to a prisoner subject to his executing a surety bond and a personal bond in Forms A and B respectively to observe all or any of the conditions mentioned therein and also subject to such other conditions, if any, as may be specified by the Competent Authority :
Provided that, when prisoners convicted of serious offences are released on parole, a condition shall be included in the parole order directing or requiring the prisoner to report at the Police Station nearest to the place where he intends to spend his parole initially on his. reaching such place and thereafter once or twice a week at such intervals as may be considered expedient :
Provided further that, when a prisoner applies for parole for the purpose of appearing at an examination he will not be eligible to be released on parole unless the Inspector-General of Prisons has passed an order permitting him to appear at such examination.
[25. Extension of the period of parole. - The Competent Authority may, on the application made by the prisoner or by his relatives or friends, or legal advisor one week in advance, before the expiry of the period of parole granted, by an order in writing, extend the period of parole for such further period or periods as may be specified in such order, on the same grounds, and on the same conditions on which the prisoner was originally granted parole, or on such other conditions as the Competent Authority may determine :
Provided that, the total period of parole so extended shall not exceed ninety days.]
- Parole order ineffective on prisoner's surrender.- As soon as a prisoner released on parole surrenders to the Prison Authority, his original order of release will be inoperative. Where, therefore, a prisoner who is released on parole has applied for the extension of the period of parole and before his application has been sanctioned surrenders himself to the Prison Authority, he shall not be released after such surrender without obtaining a fresh release order passed by the Competent Authority.
- Intimation of release and of non-surrender of a prisoner.- (1) Whenever any prisoner is released on parole, an intimation of his release on parole shall forthwith be given by the Superintendent of Prison to the authority which granted him parole and copies thereof shall also be sent-
(i) to the Inspector-General of Prisons,
(ii) to the District Magistrate and the District Superintendent of Police of the District in which the prisoner intends to spend his parole and if the prisoner intends to spend his parole in Greater Bombay, to the Commissioner of Police.
(2) Where a prisoner does not surrender himself of the prison authorities after the expiry of the period of parole, the Competent Authority may, if it is satisfied that any of the conditions on which the parole was granted has not been fulfilled cancel its order granting such parole. An intimation regarding such cancellation shall forthwith be given by the Superintendent of Prison to the officers specified in clause (ii) of sub-rule (1). Upon such intimation, the police authorities may arrest the prisoner, if at large, and remand him to undergo the unexpired portion of his sentence.
- Application of certain rules to parole cases.- The provisions of rules 8(5), 10, 11 and 12 shall mutatis mutandisapply in the case of release of prisoners on parole.
Miscellaneous
[29. Form of order of release on furlough or parole. - Every order of release on furlough or parole shall, -
(a) if it is made by Die State Government under clause (i) of sub-rule (1) of rule 18, or 11 re Commissioner of the Division or the Additional Divisional Commissioner under clause (ii) of sub-rule (1) of rule 18 shall be made in Form 'E'.
(b) if it is made by the State Government in appeal against the order made by the Commissioner of the Division or the Additional Divisional Commissioner under clause (ii) of rule 18 shall be made in Form 'F'.]
- Forms in general.- The Forms appended to these rules, with such variations as the circumstances, of each case requires, may be used for the respective purposes therein mentioned, and if used, shall be sufficient.
- Reference to "District Magistrate" to be construed as reference to Collector and Additional District Magistrate.- Reference to "District Magistrate" in these rules shall be construed, in relation to the Hyderabad area of the State of Bombay, as references to the Collector and Additional District Magistrate.
- Repeal.- The following rules and orders (including the forms referred to therein), that is to say,-
(i) rules 1500, 1500-A, 1500-B, 1500-C, 1501, 1502, 1503, 1504, 1505, 1506. 1507, 1508, 1509, 1510, 1511, 1512, 1513 and 1514 contained in the Bombay Jail Manual, 1955;
(ii) rule 757, 758, 759, 760, 761, 762, 763, 764 and 765 of the Hyderabad Prisons Rules, 1955;
(iii) all rules and orders made by the Governments of the pre-Re-organisation States of Saurashtra, Madhya Pradesh and Kutch in the matter of grant of furlough or parole and in force in the Saurashtra area, Vidarbha region and Kutch area of the State of Bombay, immediately before the commencement of these rules, are hereby repealed :
Provided that, such repeal shall not affect any furlough or parole granted under the rules or orders so repealed or the conditions on or subject to which such furlough or parole was granted, unless and until superseded or modified under the Act or these Rules.
Form A
Surety Bond
(See rules 6, 10, and 24)
I,.......... inhabitant of...............hereby declare myself surety for prisoner ............... No...........and give the guarantee that he shall duly observe the conditions of release on furlough/parole set out in Schedule *'A' and shall appear himself before the Superintendent of.........Prison at ............on the expiration of the period of his release on furlough/parole and in case of his making default herein, I hereby bind myself to pay to the Government of Bombay, the sum of Rs..........
And I agree that the Government of Bombay may, without, prejudice to any other rights or remedies of Government, recover from me the said sum as an arrear of land revenue.
And I agree that any extension of time given to prisoner will not discharge me from my liability to pay the said amount.
Dated this ..........day of........ 19 ... .
Signed by the abovenamed Surety in the presence of............
1 .............
2.................
Signature of Surety.
[Schedule A]
(To be filled in.)
Form B
Personal Bond
(See rules 7 and 24)
Whereas I (name).................inhabitant of (place)...........have been sentenced to undergo imprisonment for the term of............ years.
And whereas the Government of Bombay/(he Inspector General of Prisons, State of Bombay/the Deputy Inspector General of Prisons (Headquarters)/Commissioner, Division/the Assistant Commissioner.............has been pleased to release me on parole/furlough for the term of (.....) commencing from..............and ending on............op condition of my executing a Personal Recognition Bond for my appearance on the following date viz..............
I hereby agree with and bind myself unto the Government of Bombay to abide by the conditions mentioned in the Schedule attached and further agree to appear and surrender myself before the Superintendent, of........Prison at...........o'clock on the following date viz.,.........and in case the period of parole/furlough is extended then on the date following the date of expiry of such extended period of parole/furlough and in case of my making default herein I bind myself to pay to the Government of Bombay a sum of Rs. .......... and I agree that the Government of Bombay may, without prejudice to any other rights or remedies, recover the said sum from me as an arrear of land revenue.
Dated this ............ day of...........19
Before me
Superintendent.
.......Prison.
Signature of the Prisoner.
Schedule E
(To be filled in.)
Form C
Bond giving a Cash Security
(see rule 10)
Whereas I (name) ...........inhabitant of (place) have been sentenced to undergo imprisonment for the term of years.
And whereas the Government of Bombay/Inspector General of Prisons, State of Bombay/the Deputy Inspector General of Prisons (Headquarters)/Commissioner............ Division/the Assistant Commissioner .......... has been pleased to release me on furlough/parole for the term of......commencing from ............ and ending on ........ on condition of my giving a cash security for my appearance on the following date viz.,
I hereby agree with and bind myself unto the Government of Bombay to abide by the conditions mentioned in the appended Schedule and further agree to appear and surrender myself to the Jail Authorities at............at............o'clock on t lie following date viz., .......in case the period of furlough/parole is extended then on the date following the date of expiry of such extended period of furlough/parole and in case of my making default herein I bind myself to forfeit to the Government the sum of Rs.
Dated this .............. day of......... 19.....
Before me
Superintendent,
.........Prison.
Signature of the Prisoner.
Schedule E
(To be filled in.)
Form D
Form of Application for Release on Parole
(See rule 22)
To,
The Commissioner.....................Division.
Sir,
I (name of Prisoner) ............... Prisoner No ............. Prison hereby apply for parole for.....to my native place at (full address to be given here).. following reasons
Signed by the Prisoner before me.
Jailor, .............. Prison.
Signature of Prisoner
Date ............
The Prisoner confirms that the facts stated by him are true. He is prepared for the action that may be taken against him if they prove to be false.
Superintendent, .................................... Prison, No..........of.......Prison Office, Dated........................
| Forwarded to the | District Superintendent of Police ............/
Commissioner of Police, Bombay |
with a request to make immediate enquiries to ascertain if the ground or grounds on which parole is applied for is or are genuine and to submit his report immediately to the Commissioner................. Division ........... mentioning inter alia whether he recommends the grant of parole and. if so for what period, and also whether there is a likelihood of breach of peace if the prisoner is released on parole.
Superintendent, ...........Prison
Copy, with the Nominal Roll of the Prisoner, submitted to the Commissioner............... Division.
Date..........
Place.........
Superintendent, ...........Prison
Form E
(See rule 29)
Form of Order of Release of Furlough/Parole
No.......... - In exercise of the powers conferred by rule 2/18 oi the Prisons (Bombay Furlough and Parole) Rules. 1959, the Government of Bombay/Inspector General of Prisons/Deputy Inspector-General of Prisons Commissioner of the Division [or the Additional Divisional Commissioner]of......../Assistant Commissioner of the Division of............./hereby suspends for a period of.............days with effect from the date of release on furlough/parole, the execution of the sentence of imprisonment awarded to the prisoner ............ (No...........) subject to the following conditions, namely :-
| (To be filled in | |
| Place ......................... | Signature.................... |
| Date .......................... | Designation................. |
"I hereby accept and agree to abide by the above conditions of the order of release on furlough/parole and I acknowledge that should I fail to fulfil any of these conditions, the Sanctioning Authority/Competent Authority may revoke the order of release and forfeit the amount of security furnished by me, and I may be arrested by any Police Officer without warrant and remanded to undergo the unexpired portion of my sentence, and I further acknowledge that should I fail to fulfil any of these conditions, I am liable to be punished, on conviction, with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 1,000 or with both, under section 51-B of the Prisons Act, 1894, as applicable to the State of Bombay."
Dated the ..................
Prisoner..............
Certified that the foregoing conditions were read over and explained to the Prisoner and accepted by him in my presence.
Dated the .........
Witness ..........
Dated the ......................
Superintendent...............
[Form F]
[See rule 29(b)]
In exercise of the powers conferred by the proviso to clause (ii) of sub-rule (1) of the rule 18 of the Prisons (Bombay Furlough and Parole) Rules, 1959, the Government of Maharashtra hereby set aside the Order No. dated the ....... passed by the Divisional Commissioner/Additional Divisional Commissioner and suspends, for a period of.........
with effect from the date of release on parole, the execution of the sentence of imprisonment awarded to prisoner No............ subject to the following conditions namely :-
(1) That the said prisoner will reside at Taluka District state during the period of suspension and will not go beyond the limits of the said district without the permission of the District Magistrate or such officer as the District Magistrate may appoint in this behalf.
(2) That the said prisoner will be of good behaviour and will also not commit any offence punishable by any law in force in India.
(3) That the said prisoner will not associate with notoriously bad characters or lead a dissolute life.
(4) That the said prisoner shall, in case Ire proposes to change his religion during the period of suspension of sentence, give minimum of seven days, prior intimation to the said District Magistrate as also the Superintendent of the Prison from which he has been released, about such intention and he shall also furnish them with information regarding the new religion and the new name, if any, which he proposed to adopt.
(5) That the said prisoner will report himself to the Superintendent of ....... the Jail on the expiry of the period of suspension.
(6) That the said prisoner will report himself to the officer in-charge of the Police Station, which is nearest to the place of the residence, immediately on his arrival at.
(7) That the said prisoner will furnish a surety bond to the tune of Rs. 1,000 or Rs. 2,000".
I hereby accept and agree to abide by the above conditions of the order of release on parole and I acknowledge that should I fail to fulfil any of these conditions, the Government of Maharashtra may revoke the order of release and I may be arrested by any of Police Officer, without warrant and remand to undergo the unexpired portion of my sentence: and I further acknowledge that should I fail to fulfil any of these conditions I am liable to be punished on conviction with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 1,000 or with both under section 51-B of the Prisons Act, 1894 as applicable to the State of Maharashtra.
Dated the ..............
Prisoner.
Certified that the foregoing conditions were read over and explained to the prisoner and accepted by The Maharashtra Chit Funds Rules, 1976
Published vide Notification G. N., F. D., No. CFR. 1076/155/RES-10, dated 24th December, 1976 (M. G., 1977, Part 4-B, page 16)
mh643
| LEGISLATIVE HISTORY 6 |
In exercise of the powers conferred by sub-sections (1) and (2) of section 73 of the Maharashtra Chit Funds Act, 1974 (Maharashtra LV of 1974), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section 73, namely :-
CHAPTER I
Preliminary
- Short title.- (1) These rules may be called the Maharashtra Chit Funds Rules, 1976.
(2) They shall come into force from the 1st day of January, 1977.
- Definitions.- In these rules, unless the context otherwise re-quires:-
(a) "Act" means the Maharashtra Chit Funds Act 1974 (Maharashtra LV of 1974):
(b) "Form" means a form in Appendix I to these rules;
(c) "Section" means a section of the Act;
(d) Words and expressions used in these rules but not defined shall have the meanings respectively assigned to them in the Act.
CHAPTER II
Constitution and Registration
- Subject matter of by-laws.- The by-laws shall provide for the following matters, namely
(1) Scheme of the chit. -
(a) The objects of the chit;
(b) place where the chit is proposed to be conducted and the Registrar within whose jurisdiction it is situated;
(c) chit amount;
(d) total number of tickets in the chit:
(e) total number of instalments and the amount of subscription payable for each instalment;
(f) minimum number of tickets or the minimum fraction of a ticket and the maximum number of tickets, if any, fixed for which subscription can be made by a subscriber;
(g) date of commencement and termination of the chit.
(2) Foreman. -
(a) If the Foreman is not a firm or Corporation, his name, father's name or mother's/husband's name, age, occupation and permanent address of the Foreman;
(b) if the Foreman is a firm, the name of the firm and the name of each one of the partners of the firm and the other particulars mentioned in sub-clause (a) of each partner thereof;
(c) if the Foreman is a Corporation the name of the Corporation, its registration number and the name and situation of its registered office :
Provided that, if the Foreman is a firm or a Corporation, a true copy of the entry in the Registrar of Firms or of the registration certificate, as the case may be, duly certified by the Registrar of Firms or the Registrar of Companies shall be produced with the by-laws before the Registrar. The true copy of the entry in the Register of Firms or the registration certificate shall be retained by the Registrar along with the by-laws in his office.
(3) Rights of the Foreman. -
(a) Right, if any, reserved to the Foreman to obtain the chit amount at. any specified instalment without any auction, drawal or tender:
(b) the rate of commission or remuneration;
(c) to transfer the right of defaulting subscribers to substitute subscribers, subject to the condition that every substituted subscriber executes the chit agreement and have it filed by the Foreman with the Registrar before the drawing of the instalment next to the one at which the substituted subscriber concerned participated in the chit;
(d) lien of the Foreman on the amounts due to prized subscribers, for the subscription due to chit payable by each subscriber.
(4) Duties of the Foreman. -
(a) Duty of Foreman to specify the date and place for payment of the prize amount to the prized subscribers;
(b) details of the arrangements made for the investment of funds including the undisbursed amount due to prized subscribers, arrears of subscription collected from substituted subscribers and future subscriptions from defaulting prized subscribers;
(c) names of the approved Banks into which all the moneys relating to the chit .shall be deposited under the provisions of the Act;
(d) description and kind of security offered by the Foreman for running the chit with right reserved to change or substitute the security subject to the previous sanction of the Registrar;
(e) nature and kind of audit of accounts proposed and the person by whom the balance-sheets are to be audited as required by section 17;
(f) date, time and place for the examination of chit records under section 37 and the fee payable therefor;
(5) Subscription, place of payment and last date for payment of each instalment;
(6) Date, time and place of drawal, auction or receipt of tender and the maximum and minimum amounts of dividend, if any, fixed in respect of each instalment;
(7) Dividend Information as to how a dividend is assessed and how it is distributed among the subscribers;
(8) Mode of determining the successful bidder;
(9) Procedure to be adopted when there are no bidders or when there is a tie between the bidders;
(10) Persons competent to bid at each instalment;
(11) Penalties and fines imposed, if any, on defaulting subscribers;
(12) Provision made for the payment of subscription due from a defaulting subscriber till a substituted subscriber takes his place;
(13) Provision made for t he transfer of the ticket of non-prized subscribers and of the interest of the Foreman;
(14) Procedure to be adopted on the death of a subscriber before the termination of the chit;
(15) Procedure for the continuance of the chit in the event of,-
(i) the death of the Foreman or his becoming of unsound mind, if the Foreman is an individual;
(ii) the dissolution of the firm, if the Foreman is a partnership firm; and
(iii) the winding up of the Company if the Foreman is an incorporated company.
(16) Procedure to be adopted for meeting the expenditure connected with the execution of chit agreement, the security bond to be executed by prized subscribers, release of security and any other matter relating to the chit.
(17) Such other matters incidental to the conduct and management of the chit as may be deemed necessary.
- Application for registration of the chit and its by-laws.- Every application for the registration of a chit and its by-laws shall be made to the Registrar by the Foreman in Form I, and it shall be accompanied by the fee set out in Appendix II and two copies of the by-laws.
- Certificate of Registration.- The certificate of registration to be issued under sub-section (2) of section 4 shall be in Form No. II.
- Registration number of chit and its by-laws.- Every chit and its by-laws registered under the Act shall be numbered serially by the Registrar in separate series for each calendar year.
- Communication of order of refusal to register chit and its bylaws.- If the Registrar refuses to register a chit and its by-laws, he shall record his reason for such refusal in writing and communicate a copy of the order to the applicant.
- Registration of amendment or cancellation of by-laws.- (1) No amendment or cancellation of any by-laws of a chit shall have effect unless such amendment or cancellation is registered. If the Foreman makes any amendment to or cancellation of a by-law, he shall submit the amendment or cancellation in duplicate to the Registrar duly signed and attested by two witnesses along with art application for the registration of such amendment or cancellation of the by-laws.
(2) An application to register an amendment or cancellation of by-laws shall be dealt with in the same manner as an application to register the by-laws.
- Date of effect of amendment to or cancellation of by-laws.- An amendment to or cancellation of a by-law of a chit shall not take effect from a date earlier than the date of registration of such amendment or cancellation unless otherwise ordered by the Registrar [for reasons to be recorded in writing]:
Provided that, the Registrar shall not give effect to the amendment or cancellation from a date earlier than the date for application of the registration of the amendment or cancellation of the by-law as the case may be.
- Place of conducting chit.- A chit shall be conducted only at the place specified in the registered by-laws of the chit.
- Particulars to be contained in the chit agreement.- The chit agreement shall, in addition to the particulars specified in section 6, contain full and complete particulars on the following points namely :-
(1) The Registrar with whom the by-laws have been registered;
(2) Registration number and date of registration of the by-laws;
(3) (a) if the Foreman is not a firm or a Corporation, the name, father's or mother's/husband's name, age, occupation and permanent address of the Foreman;
(b) if the Foreman is a firm, the name of the firm and the name of each one of the partners of the firm and other particulars mentioned in sub-clause (a) in respect of each partner thereof;
(c) if the Foreman is a Corporation, the name of the Corporation, its registration number and the name and situation of its registered office:
(4) chit amount;
(5) time and place at which and the period within which every prized or non-prized subscriber shall pay his subscription:
(6) if the prized subscriber at a draw is to be ascertained by auction or tenders, provision for determining the prized subscriber when there are no bids or tenders;
(7) persons who can bid or participate in the draw and the rights of the participants if they are nominees of subscribers;
(8) whether non-prized and unpaid prized subscribers will get their contributions to the chit on the termination of the chit without any deduction;
(9) particulars of security given or deposited by the Foreman under section 13 with the right reserved to change or substituted the security, subject to the permission of the Registrar;
If the security is in the form of cash, the place or bank wherein they are deposited; and if Government securities, their nature and value shall be specified. The value of the security shall be given in each case;
(10) period within which subscription for each instalment is payable and the fine or penalty, if any, for belated payment;
(11) nature and kind of audit of accounts proposed and the person to whom the audit of balance sheets is to be entrusted under section 17:
(12) date, time and place for the examination of the chit records under section 37 and the fee payable thereof;
(13) the manner of security to be furnished by prized, subscribers for the due payment of future subscriptions;
(14) whether the subscribers to the agreement undertake to abide by the by-laws of the chit.
- Form of certificate of commencement of chit business.- The certificate of commencement referred to in section 8 shall be in Form III.
- Form of certificate referred to in sub-section (2) of section 9.- The certificate to be filed under sub-section (2) of section 9 shall be in Form IV.
- Form of minutes of proceedings.- The minutes of proceedings of every draw shall in addition to the particulars specified in sub-section (2) of section 1 1, contain full particulars on the following points, namely :-
(1) particulars of deposit, if any. of money under sub-section (1) and (2) of section 15 since the date of the previous draw;
(2) particulars of deposit, if any. of money under sub-section (3) of section 22, section 23 and sub-section (4) of section 26 since the date of the previous draw:
(3) amount withdrawn from the approved bank (the name of the bank to be specified) and the purpose for which the amount was withdrawn since the date of the previous draw;
(4) how the prized subscriber was ascertained according to the terms of the chit agreement and particulars of tickets and prize amount. If the ascertainment of the prized subscribers related to fraction of a ticket, particulars in respect of each such fraction shall be entered;
(5) full particulars of the commission paid to the Foreman and the amount of dividend assigned to each subscriber;
(6) names of subscribers or their authorised agents who bid at the drawing, their ticket numbers and signatures.
CHAPTER III
Foreman
- Procedure in case of cash deposit or Government securities.- (1) In the case of cash deposited in an approved bank and transferred in favour of the Registrar under clause (a) of sub-section (1) of section 13. the receipt or the book issued by the approved bank shall be delivered to the Registrar. The Registrar shall inform the approved bank that the security amount has been deposited in the bank in pursuance of section 13.
(2) In the case of Government securities transferred in favour of the Registrar under clause (b) of sub-section (1) of section 13. the Registrar shall keep them in safe custody under his control in a Government Treasury. -
- Substitution of security.- (1) During the currency of a chit, the Foreman may apply in Form V to the Registrar for permission to substitute the security given by him for the proper conduct of the chit by fresh security.
(2) The Registrar may grant the permission after satisfying himself,-
(i) that the request of the Foreman for the substitution of the security given under section 13 is for reasons stated in the application; and
(ii) that the fresh security offered is adequate.
(3) The procedure prescribed in rule 15 shall apply mutatis mutandis to substituted security given by the Foreman under this rule.
- Procedure on accepting fresh security.- (1) The Registrar shall if so required by the Foreman, execute and register a deed of release in respect of the original security at the cost of the Foreman.
(2) If the original security to be returned is Government securities deposited in a Government treasury, the Registrar shall arrange to return the securities offered by the Foreman after making endorsements of re-transfer in the pass book (receipt) or Government security (or other record), as the case may be.
- Applications for release of security.- On the termination of chit the Foreman may apply to the Registrar for t he release of the security given by him.
- Declaration by Foreman.- An application for release of security under sub-section (5) of section 13 shall contain a declaration separately signed by the Foreman stating that claims of all the.subscribers have been fully satisfied and that all dues payable by the Foreman under the Act to the Registrar or any other officer have been paid.
- Procedure for release of security.- (1)(a) The Registrar may, for the purpose of releasing the security under sub-section (4) of section 13. call upon the Foreman to produce a copy duly certified to be a copy, of any register and book of account maintained by the Foreman, and shall exhibit a notice on his office notice board stating that the security is proposed to be released and that any person objecting to such release may file with the Registrar his statement of objections, if any, within fifteen days from the date of exhibition of the notice.
(b) If no objections are received within the period specified in the notice, the Registrar shall release the security.
(2) If any objections are received, the Registrar shall enquire into the objections summarily within fourteen days after the date of expiry of the period specified in the notice referred to in sub-rule (1). and record his decision in writing and communicate a copy thereof to the Foreman and to the objector.
- Books and accounts to be maintained by the Foreman.- In addition to the book of minutes of draws mentioned in section 11, every Foreman shall keep the following registers and books of accounts, namely:-
(1) a register of subscribers in Form VI;
(2) a ledger in Form VII;
(3) a day book in Form VIII;
(4) a receipt book in Form IX duly certified by the Foreman as to the number of pages in duplicate;
(5) a book containing copies of all notices issued by the Foreman to the subscribers;
(6) a file containing the vouchers for payments made by the Foreman; and
(7) a file containing documents relating to securities given by the prized subscribers.
- Account to be written up promptly.- {1) Every entry in the register of subscribers, the ledger or the day book mentioned in rule 21 shall be made as and when the particular event occurs.
(2) On the receipt of any money, a receipt shall immediately be prepared or caused to lie prepared by the Foreman in Form IX and delivered to the payer.
(3) The Foreman shall, at the time of issuing every notice, prepare a copy thereof in the book mentioned in clause (5) of rule 21. certify it to be a true copy, and enter therein under his signature the date of despatch of the notice.
(4) A voucher duly signed by the recipient shall be obtained by the Foreman at the time any payment is made to him and such voucher shall be immediately filed in the file specified in clause (6) of rule 21 after due verification of all the particulars entered therein.
(5) Every document relating to the security given by prized subscribers shall as soon as it is received be filed in the file mentioned in clause (7) of rule 21. The file shall contain an index for facilitating the scrutiny of the documents.
- Filing of vouchers.- As soon as each payment is made, the Foreman shall obtain a voucher from the payee. Me shall verify whether the voucher specifies the purpose for which the payment was received and whether it is properly signed by the recipient and preserve it in the file mentioned in clause (7) of rule 21 after assigning a serial number thereto for each calendar month.
- Form of balance sheet.- The balance sheet referred to in sub-section (1) of section 17 shall be in Form X.
- When balance sheet is to be prepared.- (1) The balance sheet shall be prepared by the Foreman -
(a) when the duration of the chit does not exceed one year, on the termination of the chit;
(b) when the duration of the chit exceeds one year, on the expiry of every period of twelve months, and also on the termination of the chit.
(2) The balance sheet shall be filed by the Foreman within two months from the date of expiry of the period referred to in sub-rule (1).
- Audit by Chit Auditor.- (1) If a Foreman desires to have the balance sheet and profit and loss account audited by a Chit Auditor appointed under sub-section (3) of section 53, the Foreman shall immediately after the preparation of the balance sheet make an application for such audit to the Registrar in whose jurisdiction the chit is conducted, specifying whether the audit shall be at the premises of the Foreman or not and the application shall be accompanied by the fees set out in Appendix II.
(2) The Registrar shall forward the application of the Foreman to the inspector of Chits having jurisdiction, who shall cause the balance sheet and profit and loss account to be audited by the Chit Auditor as expeditiously as possible. On receipt of the application, the Inspector of Chits shall forward it to the Chit Auditor who shall thereupon call upon the Foreman to produce the chit records on such date, time and place as he may fix and the Foreman shall produce all registers, books of accounts and other records relating to the chit, accordingly, and furnish such information and give such facilities as may be necessary or required for the proper audit of the balance sheet and profit and loss account at the time and place fixed by the Chit Auditor.
(3) Notice of not less than seven days shall be given to the Foreman as to the date of audit in the premises of the Foreman, or for the production of registers, books of account and other records records relating to the chit, as the case may be.
- Audit certificate and report of Chit Auditor to be in quadruplicate.- The Chit Auditor shall prepare his report and audit certificate in quadruplicate and shall send one copy to the Foreman, the second to the Registrar, the third to the Inspector of Chits and keep the last copy for his own file.
- Time for filing balance sheet audited by Chit Auditor or by other Auditors.- (1) Where the audit is done by the Chit Auditor, the Foreman shall file with the Registrar a copy of the balance sheet and profit and loss account together with the audit certificates and the auditor's report within one month from the date of receipt of the audit certificate and audit report from the Chit Auditor, or within four months from the last date of the period covered by the balance sheet, whichever is earlier.
(2) In the case of audit by an auditor qualified to act as auditor of companies under the Companies Act, 1956 (I of 1956), the Foreman shall file with the Registrar the documents referred to in sub-rule (1) within three months of the expiry of the period with reference to which the balance sheet is to be prepared under rule 25.
CHAPTER IV
Winding up of Chits
- Form of petition for winding up and presentation.- A petition for winding up shall contain the following particulars, namely :-
(1) Full name,, description, occupation and address of petitioner/ petitioners.
(2) Address of his/their advocate for the service of all notices, process etc.
(3) Address of the Foreman.
(4) Particulars of the chit -
(i) Number and date of registration of by-laws;
(ii) Officer where the by-laws were registered;
(iii) the chit amount:
(iv) the total number of tickets;
(v) the number of subscribers and the number of tickets subscribed by each subscriber;
(vi) the number of the non-prized subscribers on the date of the petition; and
(vii)the number of unpaid prized subscribers.
(5) Facts on which the petitioner/petitioners reply in support of the petition.
(6) Particulars relating to the decree and execution of other process which has been returned unsatisfied in whole or in part, if the ground of the petition is that execution of other process issued on a decree or order of any court in favour of any subscribers in respect of the amounts due to him from the Foreman was returned unsatisfied in whole or in part.
(7) Full details to show that the condition prescribed in clause (a) of the proviso to section 41 is satisfied, if the winding Up of the chit is applied for under clause (d) or (h) of section 40 and if the said clause (a) applied.
(8) Whether the previous sanction of the Government has been obtained. if clause (b) of the proviso to section 41 applies. (A copy of the relevant order of Government to be attached).
- Proposals for collection and distribution of chit assets.- (1) The Receiver shall as soon as possible settle and submit to the Court a statement (hereinafter referred to as the "Provisional Statement") showing-
(a) The names of subscribers and other persons from whom moneys are due to the chit;
(b) The names of subscribers and other persons to whom moneys are due from the chit;
(c) Proposals as to how the chit assets are to be collected and applied in the discharge of its liabilities, and
(d) The amount proposed to be paid to each of the persons specified in clause (b).
(2) Notice of the preparation of the provisional statement accompanied by a copy thereof shall be published and be served on the petitioner, the subscribers and other persons mentioned by the court, in such manner as the court may direct. If the number of persons on whom notice is to be served is large, the notice may in the discretion of the court be served on the petitioner only and advertised in one or more daily newspapers. The notice shall specify the date on which objections to the provisional statement will be heard and shall call upon any person having such objections,-
(i) to submit his statement of objections and the grounds therefor supported by an affidavit before the date appointed by the court in this behalf; and
(ii) to appear in person or by advocate on the date of hearing with all the evidence in support of his objections.
- Set-off to be allowed.- When money is due from the Foreman to a subscriber and also from the subscriber to the Foreman, the subscriber shall be allowed the benefit of a set-off.
- Hearing of objections to the provisional statement.- On the date fixed for the hearing of objections under sub-rule (3) of rule 30, the court shall enquire into the objections and after considering the evidence adduced in support thereof pass orders on the objections and call upon the Receiver to revise, if necessary, the provisional statement in accordance with its orders. The court shall fix a date by which such revision is to be made and intimate orally or in writing such date to the persons who have appeared in person or through their advocates on the date of the hearing.
- Final orders of settlement by Court.- (1) As soon as possible thereafter and at least ten days before the date fixed under rule 35, the Receiver shall submit to the court a fresh list of subscribers or other persons to whom or from whom moneys are due and fresh proposals for the distribution of the available chit assets after making such further enquiry as may be necessary. The court shall thereupon consider the said list and proposals and approve or modify them in such manner as it considers necessary. The court shall pass final orders accordingly on the date fixed under rule 36 for the collection and distribution of the chit assets. The Court may also pass such orders as may be necessary for the distribution of the available chit assets in case such assets happen to be insufficient to meet sums which have to be paid to the subscribers.
(2) The final orders passed by the court under this rule shall be conclusive evidence of the several claims to be met out of the chit assets.
- Provision for expenses of winding up.- In making proposals for the distribution of the chit assets, the Receiver shall specify the estimated amount of the cost of winding up including remuneration for the Receiver and such other items of expenditure as are incidental to the winding up and such estimated amount shall first be provided for and deducted from the value of the chit assets and the balance amount shall also be proposed for distribution in the provisional statement and the fresh list mentioned in rules 30. 32 and 33.
- Filing of final accounts by Receiver.- (1) Upon the termination of the proceedings relating to the winding up, the Receiver shall file his final account into the court. Within fifteen day of such final account being passed by the court, the balance of money in the hands of the Receiver shall be paid into the court. The Receiver shall also state how the balance amount may be disposed of together with his reasons for his proposals. He shall also deposit into the court all books, accounts and all other records relating to the chit which has been wound up.
(2) The Receiver may thereafter apply to the court for a certificate of discharge from the duties as Receiver and for the vacating of his recognizance bonds entered into by him and the sureties, if any. On receipt of such application, the court may pass orders of such discharge and vacating of the bonds and for the disposal of the final balance of the chit assets, if any.
- Receiver to send copy of final order to the Registrar for custody of chit assets etc.- (1) After the affairs of a chit have been completely wound up and the court makes an order recording the fact, the Receiver shall send a copy of such order to the Registrar within fourteen days from the date of the order.
(2) On receipt of the copy specified in sub-rule (1), the Registrar shall enter in his books a gist of the order passed by the court.
- Disposal of records.- The books and papers of a chit which has been completely wound up and of the Receiver shall be retained and disposed of in such manner as the court directs.
- Meetings.- When the number of subscribers is large and the Court, whether on application of the Receiver or not at any stage considers that a meeting of all such parties is necessary in order to ascertain their wishes in any matter, the court may pass an order for holding such a meeting. The court may direct the manner in which and the time and place at which the meeting shall be held and the Receiver shall convene and hold the meeting accordingly.
CHAPTER V
Fees
- Table of Fees.- The fees payable to the Registrar for the matters specified in section 55 shall be as set out in Appendix II and shall be paid in cash.
- Receipt of Fees.- The Registrar shall grant receipts for all fees received by him.
- Refund of Fees.- The Registrar may refund any fee paid to him in excess of the amount prescribed or any fee that is unearned.
Explanation. - The expression "Fee that is unearned" in this rule means fee paid in connection with the registration of the by-laws, the filing of a document or other service to be performed by the Registrar where such registration or filing is not actually effected or the service is not actually rendered.
CHAPTER VI
Miscellaneous
- Appeal to be in writing.- (1) An appeal under sub-sections (1) and (2) of section 56, shall be either presented in person or sent by registered post to the Director.
(2) The appeal shall be in the form of a memorandum and shall be accompanied by the original or a certified copy of the order appealed against.
(3) Every appeal shall, -
(a) specify the name and address of the appellant and also the names and addresses of the respondents;
(b) state by whom the order appealed against was made;
(c) set forth concisely and under distinct heads the grounds of objections to the order appealed against with a memorandum of evidence;
(d) state precisely the relief which the appellant claims; and
(e) give the date of the order appealed against.
- Hearing and disposal of appeal.- (1) On receipt of the appeal, the Director shall, as soon as possible, examine it and ensure that,-
(a) the person presenting the appeal has the locus standi to do so;
(b) it is made within the specified time limit; and
(c) it conforms lo all the provisions of the Act and these rules.
(2) In the proceedings before the Director, the appellant and the respondents may be represented by an agent holding a power-of-attorney or by a legal practitioner.
(3) The Director shall, on the basis of the enquiry conducted and with reference to the records examined, pass such order on the appeal as may seem just and reasonable.
(4) Every order of the Director under sub-rule (3) shall be in writing, and it shall be communicated to the appellant and the Registrar concerned.
- Procedure in certain appeals and applications.- In respect of an appeal under sub-section (5) of section 21 the procedure specified in rules 42 and 43 shall mutatis mutandisapply.
- Period of retention of records.- The records of a chit including registers and books of account shall be preserved in the office of the Registrar for twelve years (a) from the date of release of security in the case of chits which are terminated, and (b) from the date when the affairs of the chit are completely wound up in the cases dealt with in Chapter X of the Act and if orders passed under that Chapter are appealable, from the date of disposal of such appeal.
- Register of records kept.- Every Registrar shall keep a separate register in which shall be entered particulars of all records relating to chits registered in his office.
Appendix I
Forms
Form I
(See rule 4)
Application for the issue of certificate of registration under section 4 of the Maharashtra Chit Funds Act, 1974)
(Maharashtra LV of 1974
From ................... .....................
To,
The Registrar of Chits,
(Station).
Sir,
[I (Name), son/wife/daughter of............................. (profession or occupation) ................residing at............]
We (name of the firm or Corporation) situate at....................having the registered office at ..........desire to conduct a chit as Foreman at (specify the place with postal address, taluka and district). The chit amount is Rs. .......... (Rupees ......... only),
- I/We remit herewith the sum of Rs............... being the fees for the registration of the chit and its by-laws.
- The by-laws of the chit proposed to be conducted are herewith submitted in duplicate signed by me/us and attested by two witnesses.
- I/We request that the chit and its by-laws may be registered and the duplicate copy of the by-laws returned to me/us with the fact of registration of the by-laws duly endorsed thereon.
Station :
Date :
Signature of the Applicant.
Note. - Strike out the words not applicable.
Form II
(See rule 5)
Certificate of Registration under section 4 of the Maharashtra Chit Funds Act, 1974
(Maharashtra LV of 1974)
I hereby certify that the chit and the by-laws relating to the chit proposed to be conducted by (the name and address of the Foreman should be filled in here) as Foreman have this............. day of 19... been registered by me under sub-section (2) of section 4 of the Maharashtra Chit Funds Act, 1974 as number ... of 19 ...
Date :
Signature of Registrar Station ;
Seal
Form III
(See rule 12)
Certificate of commencement of chit business under section 8 of the Maharashtra Chit Funds Act, 1974
(Maharashtra LV of 1974)
I hereby certify that ....... is entitled to commence the business of conducting the chit [..................] the by-laws of which have been registered in my office as number........... of.......... 19.....
Given under my hand and seal, this day of 19 ....................
Signature of Registrar Station ;
Seal
Form IV
(See rule 13)
Certificate to be filed with Registrar under sub-section (2) of section 9 of the Maharashtra Chit Funds Act, 1974
(Maharashtra LV of 1974)
I/We.............the Foreman/Foremen of the chit, the by-laws of which have been registered bearing registration number of 19 ... in the office of the Registrar of certify that 1/We have furnished to every subscriber of the chit a copy of the by-laws of the chit and a copy of the chit agreement duly certified by me/us to be true copies. The copies were furnished to each of the subscribers on ....
The date of obtaining the certificate of commencement granted under sub-section (2) of section 8 is ....
The first draw of the chit was held on ....
Station :
Date :
Signature of the Foreman.
Form V
(See rule 16)
Application for substitution of the security given by Foreman under section 13 of the Maharashtra Chit Funds Act, 1974
(Maharashtra LV of 1974)
| 1. | Name of Foreman | |
| 2. | Age and occupation if the Foreman is not a firm or a Corporation. | |
| 3. | The office in which the by-laws of the chit have been registered and the number and year of registration | |
| 4. | Chit amount Rs. | |
| 5. | Details regarding the original security. | |
| 6. | Details of all movable and immovable properties belonging solely to the applicant. | |
| 7. | Whether the applicant has any debt and if so, the amount of any such debt and to whom they are due. | |
| 8. | Details of money or Government securities offered as substituted security. |
I hereby declare that the information and particulars furnished herein are true and correct to the best of my knowledge and belief.
| Station : | Signature of Foreman. |
| Date : | Decision of Registrar. |
| Seal | Signature of Registrar. |
Form VI
(See rule 21)
Register of subscribers to be maintained under section 16 of the Maharashtra Chit Funds Act, 1974
(Maharashtra LV of 1974)
Office where the by-laws of the chit are registered
The registration number and year of registration of by-laws of the chit
| Sr. No. according to chit agreement | Name and full address of the subscriber | Date of signing the chit agreement | Date of receipt of the copy of the chit agreement by the subscriber | Chit subscriber Number of tickets | Amount |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Rs. |
| Assignment | ||||
| Name and address of the assignee | Date of assignment | Number of fraction of tickets | Amount | Date on which the Foreman recognised the assignment |
| (7) | (8) | (9) | (10) | (11) |
| Rs. | ||||
| Substitution | |||||||
| Reason for the removal of subscribers | Date of removal | Name and address of the substituted subscriber | Date of substitution | Number and fraction of tickets | Amount | Date of intimation of the substitution to the removed subscriber | Remarks |
| (12) | (13) | (14) | (15) | (16) | (17) | (18) | (19) |
| Rs. | |||||||
Form VII
(See rule 21)
Ledger to be maintained under section 16 of the Maharashtra Chit Funds Act, 1974
(Maharashtra LV of 1974)
Office where the by-laws of the chit are registered
Registration number of by-laws of the chit
Section I - Receipts and payments in respect of subscriber-
Number of subscriber
Name of subscriber
Number of tickets taken
Chit amount Rs.
Ledger
| Date | No. of instalment | On what account received or paid by the Foreman | Amount of subscription for each instalment | Dividend due to the subscribers for each instalment |
| (1) | (2) | (3) | (4) | (5) |
| Rs. |
| Amount paid by subscribers | Amount received back by subscriber | General No. in the day book | Signature of the | Remarks | ||
| Share amount | Interest | Subscriber | Foreman | |||
| (6) | (7) | (8) | (9) | (10) | (11) | (12) |
| Rs. | Rs. | Rs. | ||||
Section II. - Deposit and withdrawal account of the Foreman.
Office where the by-laws of the chit are registered.
Registration number of the by-laws of the chit.
Name of the Bank in which money is deposited.
| Date | For what purpose deposited or withdrawn | Amount deposited | Interest accruing | Balance after each transaction |
| (1) | (2) | (3) | (4) | (5) |
| Rs. | Rs. | Rs. |
| Amount withdrawn | Balance | Number in the day book | Signature of the Foreman | Remarks |
| (6) | (7) | (8) | (9) | (10) |
| Rs. | Rs. |
Form VIII
(See rule 21)
Day book to be maintained under section 16 of the Maharashtra Chit Funds Act, 1974
(Maharashtra LV of 1974)
Office where the by-laws of the Chit are registered .........
Registration number of the by-laws of the chit ........
Day Book
| Date | General No. | On what account received or paid | Receipts | ||||
| Subscription | Interest | Withdrawal from Bank | Other items | Total receipts | |||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Rs. | Rs. | Rs. | Rs. | Rs. | |||
| Reference to receipt in the receipt book | Expenditure | ||||
| Amount paid to subscriber | Foreman's commissions | Deposit in the bank | Other items | Total Expenditure | |
| (9) | (10) | (11) | (12) | (13) | (14) |
| Rs. | Rs. | Rs. | Rs. | Rs. | |
| Balance | Reference to the page No. of the voucher in the file of vouchers | Signature of Foreman | Remarks |
| (15) | (16) | (17) | (18) |
Note. - (1) The balance should be struck in column (15) at the close of each day. The monthly total receipts and expenditure shall be struck at the end of each month.
(2) In column (2) such transaction shall be assigned a serial number. There shall be one separate set of serial numbers for each calendar year.
(3) If any amount is received from or paid to more than one subscriber at a time the amount paid to or received from each subscriber should be entered as a separate item.
(4) If more than one amount is received from or paid to the subscriber at a time each amount paid to or received from the subscriber should be entered as a separate item.
Form IX
(See rule 21)
Receipt book to be maintained under section 16 of the Maharashtra Chit Funds Act, 1974
(Maharashtra LV of 1974)
Receipts
Serial number
Original
Duplicate
Received from ......... to the credit of the amounts detailed below in respect of the chit under registered[by-laws number] ............ of ........... 19......
| Payment for current instalment | Rs. P. |
| Arrears of subscription (with details) | |
| Penalty for overdue subscription | |
| Fees for inspection of records | |
| Other receipts (to be specified) | |
| Total |
(In words Rupees.................. paise...........)
Date
Foreman.
Form X
(See rule 24)
Balance sheet to be prepared and filed under section 17 of the Maharashtra Chit Funds Act, 1974
(Maharashtra LV of 1974)
| Office where the by-laws of the chit are registered. | Registration number and year of the by-laws of the chit. |
| Date on which the balance sheet was prepared. | Name of Foreman. |
| Number of instalment conducted till date of balance sheet. | Chit amounts. |
| Number of instalments. |
- Receipts and Expenditure
| Receipts | Current Year | Total including previous years | Expenditure | Current Year | Total including previous years | ||
| Rs. | Rs. | Rs. | Rs. | ||||
| 1. | Subscriptions paid by the prized and non-prized subscribers including the Foreman. | 1. | Prize amounts disbursed to prized subscribers. | ||||
| 2. | Receipts under dividend. | 2. | Interest paid to subscribers. | ||||
| 3. | Interest realised from the subscribers. | 3. | Amounts paid to defaulter non-prized subscribers. | ||||
| 4. | Contributions by substituted or assignee non-prized subscribers in respect of dues of defaulters. | 4. | Amount contributed by Foreman for payment of the prize amount. | ||||
| 5. | Any other amount received from subscriber. | 5. | Foreman's Commission. | ||||
| 6. | Amount contributed by the Foreman for payment of prize amount. | 6. | Amounts on account of interest realised for delayed payments and forfeited dividend. | ||||
| 7. | Interest accrued from investments | 7. | Dividend paid. | ||||
| 8. | Other Items (details to be annexed) | 8. | Other Items (details to be annexed) | ||||
| Total expenditure | |||||||
| 9. | Investments withdrawn. | 9. | Investment made. | ||||
| Grand Total | Grand Total | ||||||
- Statement of Assets and Liabilities
| Assets | Liabilities | ||||
| Rs. Ps. | Rs. Ps. | ||||
| 1. | Amounts due on account of arrears of subscription due from prized subscribers. | 1. | Amount paid by non-prized subscribers (including dividends). | ||
| 2. | Amounts due from the subscribers including the Foreman towards future subscriptions. | 2. | Amounts due to non-prized defaulter subscribers. | ||
| 3. | Interest due from defaulter subscribers. | 3. | Arrears of prize amount due to prized subscribers. | ||
| 4. | Investments in bank (including interest therein). | 4. | The amount due to the Foreman towards contributions made by him for payment of prize amount. | ||
| 5. | Other items (details to be annexed). | 5. | Other items (details to be annexed). | ||
| Total | Total |
III. Details of Investments
| Receipt | Rs. Ps. | |
| 1. | Investment made on account of the failure on the part of prized subscribers to receive the prized amount due to them. | |
| 2. | Investment made on account of lump-sum collection made from defaulter prized subscribers. | |
| 3. | Amount deposited for payment to non-prized defaulter subscribers. | |
| 4. | Investments on account of other items of receipts of the chit (details to be annexed). | |
| Total |
- Assessment of Value of Investment
| Rs. Ps. | ||
| 1. | Investment in Pass Book Account Numbers. | |
| 2. | *Amount due from the future instalments of the chit as per bonds, etc., obtained for........ instalments of the chit including the arrears of Rs. ........... due on account of defaulting instalments from defaulters. | |
| 3. | Balance of contributions due from the Foreman on account of prize amount received by him. | |
| Total |
Note. - To facilitate audit of balance sheets, the following statements of details should be annexed by the Foreman to the balance sheet -
(i) statement of details of receipts and expenditure for each instalment,
(ii) of disbursement,
(iii) of the prize amount in respect of each of instalment, and
(iv) statement of details of arrears due on the date of the preparation of the balance sheet from the prized and non-prized subscribers.
* Particulars of documents to be entered here.
Security offered by the Foreman, hypothecation bonds, etc., executed under section 13 of the Act, and hypothecation bonds, etc., obtained from the prized subscribers under section 24 of the Act.
- Profit and Loss Accounts
| Rs. P. | Rs. P. | |
| 1. Salaries and allowances. | 1. Rent. | |
| 2. Rents, taxes and lighting. | 2. Net profit on sale of investments. | |
| 3. Law charges. | 3. Net profit on revaluation of investments. | |
| 4. Postage, telegrams, telephone and stamps. | 4. Chit commission. | |
| 5. Registration of by-laws, security bond. | 5. Interest realised from defaulted subscribers. | |
| 6. Filing of chit agreement, filing of minutes audit fees, etc. special fee for auditing at Foreman's premises. | 6. Interest on deposits made on behalf of prized subscriber who failed to furnish sufficient security. | |
| 7. Stationery, printing, advertisement, notice charges. | 7. Other receipts. | |
| 8. Other expenses. | ||
| 9. Net profit. |
- Certificate by Foreman
I certify that this Balance Sheet has been prepared correctly and that it contains a true and complete statement of the affairs of the chit.
Date :
Name of Foreman and his signature.
VII. Certificate by Auditor
Certified that I have examined the chit books and records maintained in respect of the chit the by-laws of which have been registered in .... as Number ....... 19 conducted by Foreman ...... and have verified the entries in the balance sheet with accounts. The balance sheet is drawn up in conformity with the provisions of the Maharashtra Chit Funds Act. 1974 and the rules framed thereunder.
Date :
Name and signature of the Auditor.
Appendix II
(See rules 4 and 39)
Levy of fees under section 55 of the Maharashtra Chit Funds Act, 1974
(Maharashtra LV of 1974)
Table of Fees
| Rs. P. | ||
| 1. | For the registration of a chit and its by-laws under section 4. | 25.00 |
| 2. | For filing a chit agreement under sub-section (1) of section 7. | 0.25 |
| 3. | For issue of certificate of commencement of chit business under sub-section (2) of section 8. | 1.00 |
| 4. | For filing a copy of the minutes of the proceedings under section 12. | 0.50 |
| 5. | For every application for registration of amendment to or cancellation of a by-law of a chit under sub-rule (2) of rule 8. | 3.00 |
| 6. | For every appeal under sub-section (3) of section 21 or an application to the officer empowered by the State Government under sub-section (2) of section 27. | 3.00 |
| 7. | A fee of rupee one shall be levied in each case for filing with the Registrar, - | |
| (a) a copy of each entry relating to the removal of defaulting subscriber under sub-section (2) of section 21; | ||
| (b) a true copy of each entry relating to the substitution of a subscriber under sub-section (2) of section 22; | ||
| (c) a true copy of entry relating to transfer of the rights of Foreman under section 30; | ||
| (d) a true copy of entry relating to transfer of non-prized subscriber's rights under section 30: | ||
| (e) a true copy of assent of non-prized subscribers and unpaid prized subscribers for withdrawal of a Foreman under section 34; | ||
| (f) a true copy of consent of all non-prized or unpaid prized subscribers to the termination of chit under section 34; | ||
| (g) each copy of winding up order under sub-section (1) of section 48; | ||
| (h) each petition protesting against or objecting to the orders passed or proposed to be passed by the Registrar. | ||
| 8. | For the audit of each balance sheet under section 17 or the audit of accounts under sub-section (3) of section 17 by the Chit Auditor and for issue of audit certificate in respect of each chit - | |
| (a) when the chit amount does not exceed Rs. 500 | 5.00 | |
| (b) when the chit amount exceeds Rs. 500 for the first Rs. 500 as under sub-clause (a) and for every Rs. 500 or part thereof in excess of Rs. 500 subject to the maximum of Rs. 25. The fee leviable under this clause shall not exceed Rs. 25. | 2.50 | |
| 9. | If the balance sheets are audited under section 17 or the chit books and records inspected by the Registrar or any officer authorised by the Director under section 39, or the accounts books and other records of the chit audited by the Chit Auditor under sub-section (3) of section 17 at the premises of the Foreman or outside the office of the Registrar, for each such audit or inspection in addition of the fee, if any, payable under clause 8. | 15.00 |
| 10. | For inspection of one or more records relating to a chit under clause (a) of section 54 for each inspection. | |
| 11. | For every 125 words or fraction thereof of a copy or extract of the records relating to a chit furnished under clause (b) of section 54. | 0.25 |
| 12. | For every appeal to the Director under section 56. | 5.00 |
him in my presence.
Dated the .....
Superintendent.
Witness
Dated the .....

