Delhi Probation Of Offenders Rules (amended), 2019, India-legitquest

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Delhi Probation Of Offenders Rules (Amended), 2019

[09 November 2021]

F. No. F. 1(249/11)/CPO/DSW/PT.FILE-III/732.-In exercise of the powers conferred under Section 17 of the Probation Of Offenders Act, 1958, read with Government of India, Ministry Of Home Affairs, Notification N0-7/1/58-P IV Dated the 20th September 1958 and with the approval of the Central Government, super cession of the Delhi Probation of Offenders Rules 1960, (Notification No. F-4(134)/59- DSW) except respects things done are omitted to be done before such super cession, the Hon?ble Lieutenant Governor of National Capital Territory of Delhi with concurrence of Ministry of Home Affairs, GOI ( vide No.U-11019/3/2019-UTL Dated 10-09-2021), is pleased to make the following Rules namely:-

I. Preliminary

Rule - 1. Short Title and Commencement :-

(I) These rules may be called the "Delhi Probation of Offenders Rules (Amended), 2019.

(II) They shall come into force on the date of their publication in the Delhi Official Gazette.

(III) These Rules extend to the whole of the National Capital Territory of Delhi.

Rule - 2. Definitions :-

In these rules unless the context otherwise requires,-

(a) "Act" means the Probation of Offenders Act, 1958 (20 of 1958);

(b) "Government" means the Lieutenant Governor of Delhi referred to in article 239 AA of the Constitution;

(d) "Form" means a form appended to these rules;

(e) "Probation District" means a Revenue District of National Capital Territory of Delhi or such smaller area as may be specified by the Administrator;

(f) "Probationer" means any offender in respect of whom a supervision order is in force;

(g) "Probation Officer" means a full time Probation Officer appointed or recognized by the Administrator under Section 13(1)(a) of the Act.

(h) "District Probation Officer" means an Officer appointed by the Government of National Capital Territory of Delhi and assigned the supervision work of probation services and probation officers subordinate to him/her in an assigned district of National Capital territory of Delhi.

(i) "Chief Probation Officer" means an officer appointed by the Government of National Capital Territory of Delhi to supervise the work and conduct of district probation officers and all probation officers in the National Capital territory of Delhi

(j) "Special Probation Officer" means a probation officer appointed by the Court under Section 13(1)(c) of the Act;

(k) "Supervision order" means an order passed under Section 4(3) of the Act.

(l) "Section" means a section of the Act:

(m) "Society" means any society or non-governmental organization providing probation and after care services recognized by the Government of National Capital Territory of Delhi under Rule 23.

(n) "Administrator" means the Lieutenant Governor of National Capital Territory of Delhi appointed by the President under article 239 of the Constitution;

II. Departmental Control of Probation Officers

Rule - 3. Probation Officers and their control :-

(1) The Government may appoint for each district such number of persons as it thinks fit to be Probation Officers for the purpose of Act.

(2) All Probation Officers (whether appointed or recognized by the Government) in the National Capital Territory of Delhi shall be under the control of a Chief Probation Officer to be appointed by the Government in this behalf and designated as Chief Probation Officer

Rule - 4. :-

The Government may appoint Director of the Department of Social Welfare, Government of National Capital Territory of Delhi to be the Chief Controlling Authority who shall exercise administrative control over all the Probation Officers, District Probation Officers and the Chief Probation Officer, and shall perform such other functions as may, from time to time, be assigned to him /her by the Government.

Rule - 5. Chief Probation Officer :-

Subject to the control and supervision of the Chief Controlling Authority, the Chief Probation Officer shall be responsible for overall supervision, management and monitoring of the probation services throughout the National Capital Territory of Delhi; and his /her duties and responsibilities shall include -

(a) Control, guidance and supervision of the work of District Probation Officers and other probation officers;

(b) assisting and fostering after care work in the National Capital Territory of Delhi and other activities for the purpose of rehabilitation of offenders, and maintaining contacts with other related associations, Non Governmental Organizations and the public;

(d) such other functions as may be assigned to him/her by the Government or the Chief Controlling Authority.

(e) implementation of training programs / refresher courses /professional enrichment programs as required under rule 9A(3) for all Probation Officers".

Rule - 6. Jurisdiction and function of District Probation Officer :-

(1) the jurisdiction of the District Probation Officer shall cover the whole of the district in which he or she is posted.

(2) He/she shall-

(a) be responsible for the working of probation related work in the whole area within his/her jurisdiction;

(b) control, guide and supervise the work of probation officers in the district;

(c) submit to the Chief Controlling Authority, the Chief Probation Officer and the Court such other reports as may be specified by the Government or the Chief Controlling Authority or the Chief Probation Officer; and

(d) perform such other functions as may be assigned to him/her by the Chief Controlling Authority or the Chief Probation Officer.

Rule - 7. Special Probation Officer :-

(1) The Court may appoint a Special Probation Officer under Section 13(1)(c) of the Act in view of the special circumstances of a particular case, when no Probation Officer on the lists referred to in rule 10A(2) is available or is considered suitable enough to attend to the case. A Court or a District Magistrate may also appoint a Special Probation Officer under Section 13(2) of the Act.

(2) In deciding whether a person is suitable or not for appointment as a Special Probation Officer in a particular case under Section 13(1)(c) or Section 13(2) of the Act, the Court of the District Magistrate may take into consideration (a) the general attributes specified in rule 8A, and the provisions of rule 9A, his/her age, position, character and attainments and relationship to the offender, (c) his/her ability to follow these rules and to discharge the duties imposed on Probation Officers. and, (d) recognized competence and work experience in the area of human rights, social work, criminology, psychology or special work from the perspective of reform of the offender.

Comment

The Court has been given the power to appoint a Special Probation Officer in view of the special circumstances of a particular case. The District Magistrate has also been authorized to appoint a Special Probation officer if he/she thinks it necessary.

The Court or District Magistrate while appointing a Special Probation Officer should consider the qualification necessary for appointment of such Special Probation Officer. For example, the appointment will be of such person who can understand the rules and procedure to discharge the duties. The Court will also take into consideration the status, character, etc before appointing a person.

Rule - 7A. Leave :-

(1) Casual leave may be granted

(a) to Probation Officer appointed by the Government and District probation officer by the Chief Probation Officer; and

(b) to the Chief Probation Officer, by the Chief Controlling Authority

(2) All other leave may be granted to the Probation Officer, District Probation Officer and the Chief Probation Officer by the Chief Controlling Authority".

Rule - 8. Choice of Probation Officers - precautions :-

(1) Female probationers should not ordinarily be placed under the supervision or control of male Probation Officers.

(2) Religious persuasions of the probationer and the Probation Officer should be taken into consideration.

(3) While choosing a Probation Officer for supervision in a particular case, the Court may, where necessary, consult the District Probation Officer or Chief Probation Officer.

Rule - 8A. General Attributes of Probation Officer :-

While appointing Probation Officers, due regard shall be given to the following general attributes and skills required in a person to be eligible for appointment as a Probation Officer:-

(a) Adequate academic qualifications; At least a Master?s degree in Social Work or Sociology or Criminology or Psychology or Human Rights from a recognized University.

(b) Good character and personality suitable for influencing persons placed under his/her supervision in two essential respects, viz. (i) conforming to law during the period of probation and (ii) building positive attitude towards society and behavior modification for preventing anti-social conduct.

(c) maturity of age and experience; The qualifying age of a Probation Officer shall not be less than Twenty Five years and not more than Forty years of age at the time of appointment (excluding the period of training).

(d) Aptitude, zeal and a "calling" for probation work, and,

(e) Skills in community resource mobilization and inter agency coordination"

III. Probation Officers-Duties and Responsibilities

Rule - 9. Departmental responsibility :-

(1) Every Probation Officer shall carry out the directions, orders, and instructions of the Chief Controlling Authority and the Chief Probation Officer.

(2) Every Probation Officer shall inform the District Probation Officer, as soon as a probationer is placed under his/her supervision, of that fact and of the particulars with such other facts as may be prescribed by the Chief Probation Officer.

(3) Every Probation Officer shall submit-

(a) to the District Probation Officer a monthly report on the progress of each probationer placed under his/her supervision (in Form VII) and copies of pre-sentence report and of other reports submitted to a Court of District Magistrate; and

(b) to the Chief Probation Officer and the District Probation Officer such periodical reports and statistics as may be required.

Rule - 9A. Qualification and Salary of Probation Officers :-

(1) Probation Officers shall at least possess a post degree in Social Work, or Sociology or Human Rights, or Psychology or Criminology subject from a recognized university.

(2) (a) Salary and other emoluments of the Probation Officer would not be less than the presently applicable pay scale of Rs.9,300-34,800 plus Rs.4800 Grade Pay and would be at par with the status of Post Graduate Teacher of the Directorate of Education, Government of National Capital Territory of Delhi at all times. The salary and other emoluments of Probation Officer would be revised by the Government as per rules applicable to other government employees and would be at par with the salary and other emoluments of Post Graduate Teacher of the Directorate of Education, Government of National Capital Territory of Delhi at all the time.

(b) The salary and emoluments of the District Probation Officer would not be less than the presently applicable pay scale of Rs.15600-39,100 plus Rs.6600 Grade Pay and the pay scale will be revised in future in the corresponding pay scale.

(c) Salary and other emoluments of the Chief Probation Officer would not be less than the presently applicable pay scale of Rs.15,600-39,100 plus Rs.7600 Grade Pay and would be at par with the status of Principal of a Govt. Senior Secondary School of the Directorate of Education, Government of National Capital Territory of Delhi at all times. The salary and other emoluments of Chief Probation Officer would be revised by the Government as per rules applicable to other government employees and would be at par with the salary and other emoluments of Principal of a Government Senior Secondary School of the Directorate of Education, Government of National Capital Territory of Delhi at all the time.

(3) (a) Every Probation Officer shall go through an induction training programme which shall be conducted by the Government of the National Capital Territory of Delhi in collaboration with the Judicial Academy of the National Capital Territory of Delhi or with a National Law University in Delhi or any School of Social Work of any prestigious University or any other training / research centre which has the expertise in the areas of criminology / criminal justice, human rights, social work, psychology from the perspective of the reform and rehabilitation of the offender.

(b) The induction training program will comprise training modules (schedule A) in criminology/criminal justice, human rights, social work, psychology and other allied subjects which shall be taught from the perspective of the reform and rehabilitation of the offender. The induction programme shall be for a period of not less than three weeks.

(c) The in-service training programme / Refresher training programs will be held at least twice in a year, and will be for duration of not less than three days. It shall be mandatory for every Probation Officer to undergo the in-service training programme every year, in order to keep themselves abreast of new developments in the law, social work and related fields, as well as to share best practices. Provisions for additional training/education will be made based on the recommendations of the Chief Probation Officer.

(d) The concerned Government Department may take the assistance of experts in the area of criminology and criminal justice, community justice, social work and/or law/policy related to reform and rehabilitation while preparing the training modules. The Training modules, may include but not limited to the modules listed in "Schedule-A? which could be incorporated in the Training Sessions".

Rule - 10. Pre-sentence report :-

(1) Keeping in view the privacy of the offender and his/her family and for the purpose of Section 14(a) of the Act, the Probation Officer shall, after making discreet inquiries regarding the offenders character and antecedents, his/her social and environmental conditions, the financial and other circumstance of his/her family, the circumstances in which the alleged offence was committed and any other facts which the Court had directed him/her to enquire into, put down the relevant facts fully and faithfully in the report, as clearly as may be in Form III and Annexure-I and Annexure-2.

(2) The summary of the case shall include an objective statement of facts along with the Probation Officers assessment of the case, so as to help the Court in determining the most suitable method of dealing with the offender after he/she is found guilty. In the event that an assessment has been made based on the Probation Officer?s opinion and which has not been verified independently, it should be so indicated in the presentence report. The sources of the information used may be stated in the report.

(3) The report shall be treated as "confidential" and delivered to the Court on the date specified by it. It should be enclosed in a sealed cover, if sent to the Court or delivered on a date prior to the date of delivery of judgment.

Rule - 10A. Appointment and Registration of Probation Officers :-

(1) The procedure relating to the appointment of Probation Officers by the Government, shall be in accordance with general rules relating to recruitment of officers to posts of similar status and responsibility.

(2) The names of all Probation Officers appointed / recognized by the Government with their addresses shall be entered in a register to be kept by the Chief Probation Officer.

Rule - 11. Supervision of probationers :-

(1) The Probation Officer shall act as a friend and guide of the probationer. For this purpose, he/she shall subject to any provision of the supervision order, require the probationer to report to him/her at stated intervals, meet him/her frequently and keep in close touch with him/her.

(2) At the first meeting, the Probation Officer shall-

(a) explain to the probationer the conditions of the supervision order;

(b) advise him/her as to how he/she should conduct himself/herself; and

(c) specify the days on which he/she should report to the officer, the time and place of reporting to be so arranged as to avoid unnecessary hardship to the probationer and to secure proper privacy; and inform the probationer that any omission/lapses on his/her part in so reporting will have to be accounted for.

(3) The Probation Officer shall visit the probationer periodically in his/her home surroundings and, where suitable, his/her occupational environment, in order to see the progress made by the probationer and the difficulties, if any, met with by him/her :

PROVIDED THAT in the case of young offenders attending school or college, the Probation Officer shall not visit the probationer in the institution, but may make discreet enquiries from the teacher or tutor or Head of the institution regarding his/her attendance, conduct and progress, without prejudicing the probationers interest in any way.

(4) The frequency of the meetings, including visits by the Probation Officer, should depend upon the conduct and mode of life of the probationer and upon the progress he/she is making. But the number of meetings should be, unless the Court directs otherwise, not less than-

(a) once a week, during the first month;

(b) once a fortnight, during the rest of the first half of the period of probation; and

(5) The Probation Officer shall endeavour, by example, advise, persuasion and assistance and, where necessary, by warning, to ensure that (a) the probationer does not violate the conditions of the supervision order or commit any further offence and behaves in conformity with law and (b) his/her behaviour, attitude towards society, habits, character and moral improve, so that he/she may not revert to crime.

(6) The Probation Officer shall also take such action as he/she deems necessary for better regulation of the conduct and mode of life of the probationer or for closer supervision over him/her.

Rule - 12. Duties in relation to Courts :-

(1) The Probation Officer may move the Court before which the probationer is bound, to vary the conditions of the bond by way of tightening or relaxing them, as may be required based on the conduct of the probationer.

(2) If the Probation Officer considers that the probationer has made sufficient progress and further supervision is not necessary, he/she shall make an application to the Court for discharging the bond under Sec.8 (3) of the Act.

(3) If a probationer fails to observe any of the conditions of the bond or behaves in a manner indicating that he/she is not likely to fulfill the purpose of the supervision order, the Probation Officer shall report the fact to the Court or the District Magistrate for such action as may be considered necessary.

(4) The Probation Officer shall consult the District Probation Officer with regard to appeal or revision under Section 11 of the Act.

Rule - 13. Responsibilities in relation to District Magistrate :-

The Probation Officer shall-

(1) carry out any directions that the District Magistrate or other officer not below the rank of a SubDivisional Officer duly authorised by him/her to act on his/her behalf, may give regarding supervision of a probationer;

(2) submit such report to the District Magistrate on the progress of probationer as may be required, as clearly as may be, in Form VII;

(3) report to the District Magistrate-

(a) cases where conditions of the supervision order or bond are not adhered to, which would include inter alia-

(i) the probationer changing his residence;

(ii) any fresh offence committed by the probationer;

(iii) any serious violation of the conditions of the supervision order; and

(iv) any plan of the probationer to abscond;

(b) any attempt by any person to avoid or abet the probationer in commission of a crime or otherwise influence him/her so as to adversely affect his/her conduct and reformation; and

Rule - 13A. Terms and conditions of service :-

(1) (a) Subject to the provisions of these rules, the general terms and conditions of service applicable to Probation Officers appointed by the Government shall be the same as those prescribed for other officers appointed by the Government of similar status and responsibility.

(b) A special Probation Officer may be paid, if the Court so directs, remuneration or allowances for supervision of probationers at rates similar to those prescribed for salaried probation officers.

(2) (a) Every Probation Officer shall be furnished with an identity card in Form I. The identity card shall be used only when necessary in connection with his/her work and shall be returned to the Chief Probation Officer on suspension or termination of his/her appointment.

(b) Probation Officer shall not wear any uniform or badge.

(3) A Probation Officer shall give at least a month?s notice in writing, if he/she wishes to resign from his/her appointment. In respect of Probation Officers appointed by the Government, the period of notice shall be such as may be prescribed by the Government of National Capital Territory of Delhi for other Government servants of similar grade and status, from time to time".

Rule - 14. Rehabilitation and After Care of probationer :-

(1) The Probation Officer shall assist in the rehabilitation of the probationer in society, so that he/she is not forced to revert to crime. For this purpose the Probation Officer shall endeavour to secure for the probationer-

(a) appropriate vocation or employment related training facilities,

(b) employment opportunities;

(d) contacts and associations with normal individuals and congenial organizations like Boy Scouts and Girl Guides, Youth Organizations and Community Projects.

(2) The Probation Officer shall try to have constant touch with discharged probationers to follow up the progress made by them towards their rehabilitation for such periods as may be prescribed by the Chief Probation Officer.

(3) The Probation Officer shall participate, wherever possible, in aftercare schemes and organisations.

Rule - 15. Other duties of Probation Officer :-

The Probation Officer shall also undertake the following functions:-

(1) educating, awareness building and sensitizing the public and stake holders and mobilising support for the probation system;

(2) mobilising public assistance and co-operation in the field of Social Defence;

(3) being in charge of any institution or other premises referred to in Rule 25 that may be assigned;

(4) any other duties of a cognate nature which may be assigned by order of the government.

Rule - 16. Probation Officer not to divulge information :-

1. A Probation Officer shall not divulge information concerning his/her inquiries or work of probation to any person other than the authorities to whom he/she is required to report, except in so far as it is necessary to do so in the interest of the probationer.

2. The Probation Officer shall submit his / her report to the concerned Court within twenty one days if there is no specific time frame indicated by the court. However, the period of submission of the report may be extended with the permission of the court.

3. The Probation Officer may consult and seek specific inputs from other professionals with not less than ten years of experience in the field of clinical psychology, sociology etc., in case the probation officer consider it necessary to do so.

IV. Recognition of Society

Rule - 17. Recognition of Society :-

(1) A society primarily devoted to any of the following kinds of work will be eligible for seeking recognition under clause (b) of sub-section (1) of Section 13 of the Act:

(a) social defence, including care, aftercare, or aid to offenders or discharged prisoners and protection and training of rescued or destitute women or children;

(b) education or other social welfare work; and

(c) religious or charitable work, with interest in aiding and rehabilitating such persons as are mentioned in clause (a).

(2) Any society eligible under sub-rule (1) and desiring recognition shall make an application to the Government, together with a copy of each of its rules, bye- laws, articles of association, list of its members and office-bearers and a statement showing its status and past record of social or public service.

(3) The Government may, after making such inquiry as it considers necessary into the status, past record of social or public service and present conditions of the society, and satisfying itself that the society possesses sufficient financial means to carry out its obligations, grant recognition to the society, on condition that it shall undertake to-

(a) provide such Probation Officers as may be required by the Government or the Court;

(b) abide by these rules and any instructions issued by the Government and the Chief Controlling Authority and see that the same are followed by the Probation Officer and the personnel of any institution or other premises referred to in Rule 25 under it; and

(c) furnish to the Government whenever required a statement of its financial position including the balance sheet and audited report, if any.

(4) The Government may withdraw the recognition granted to a society under sub-rule (1) after giving a notice of three months to the society. The recognized society may also get its recognition withdrawn by the Government after giving to the Government a notice of three months.

Rule - 18. Subsidy to a society :-

(1) A recognized society requiring a subsidy from the Government in aid of its activities relating to probation shall forward to the Chief Controlling Authority through the Chief Probation Officer an application accompanied by a copy of-

(a) its rules regarding salaries, allowances and conditions of service of Probation Officers and its rules regarding the management of institutions or other premises referred to in Rule 25, if any, under it; and

(b) such other particulars as may be required.

(2) The Government may in deserving cases and on the recommendations of the Chief Controlling Authority, pay to a recognized society such subsidy for such period as it may deem fit.

(3) The society which has been granted a subsidy shall-

(i) submit its annual report and audited accounts and such other reports as may be called for by the Chief Controlling Authority;

(ii) maintain standards of supervision work and manage institutions or other premises referred to in Rule 25, if any, under it to the satisfaction of the Chief Controlling Authority; and

(iii) provide all facilities for inspection by the officers concerned.

Rule - 19. Control of Probation Officers :-

(1) (a) If a Probation Officer appointed by a society fails to observe the duties imposed on him/her by the Act or these rules or to abide by other orders of the Government or the Chief Controlling Authority or the Chief Probation Officer, for regulation of the work and conduct of Probation Officers, the Court of the District Magistrate or the District Probation Officer may report the fact to the society; and thereupon the society shall take suitable action on that report, and inform the District Probation Officer of the action taken.

(b) The society shall consider every complaint against such Probation Officer relating to any matter which affects his/her fitness for office and shall investigate every such complaint which in its opinion calls for investigation, and take further disciplinary action, wherever necessary.

(2) The work of Probation Officers provided by the society will be subject to guidance, supervision and control by the Chief Controlling Authority or any officer empowered by the Government to act on its behalf.

V. Procedure for Courts and District Magistrates

A. Court Procedure

Rule - 20. Enquiry into the character and antecedents :-

(1) The Court may direct a Probation Officer to enquire into the character and antecedents of the accused, the circumstances in which the offence was committed and other matters and submit a report on a prescribed date, which should ordinarily be the expected date of delivering judgment. The Court shall consult the report only after finding the accused guilty. If he is not found guilty, the report should be returned to the Probation Officer concerned for record for purposes of future reference as prescribed in Form-II.

(2) The Court may direct the Probation Officer to make any further investigations, and where required, to have a medical or psychiatric examination of the offender, and the Probation officer shall furnish such report to the Court for enabling it to decide action to be taken under Sec. 3, 4, 5, 6 and 7 of the Act.

Rule - 21. Forms :-

The following forms may be used for the purpose noted against each:-

(a) Form IV-Bond for good behaviour under Section 4(1) of the Act.

(b) Form V-Supervision order under Section 4(3) of the Act.

Rule - 22. Periodical reports :-

The Court may require a Probation Officer to submit a report on a stipulated date or periodical reports on the progress, conduct and mode of living of the probationer placed under his/her supervision for purposes of Sec. 8 and 9 of the Act.

Rule - 23. Copy of supervision order to be supplied to societies :-

Where a Court passes a supervision order under sub-section (3) of Section 4 of the Act and appoints a Probation Officer provided by a society, it shall forward a copy of it to the society.

B. Functions of District Magistrate

Rule - 24. Inspection by District Magistrate :-

The District Magistrate or any other officer not below the rank of Sub-Divisional Magistrate duly authorized by him/her may-

(a) inspect the work and any record in the office of any Probation Officer working within his/her jurisdiction;

(b) give any directions to Probation Officers that he/she considers to be immediately required for the due performance of their work relating to supervision; and

(c) send his/her observations or report on the foregoing or other facts to the Chief Probation Officer and District Probation Officer.

VI. Residence of Probationers

Rule - 25. Institutions or other premises for reception of probationers :-

(1) The Government may maintain, or approve subject to such conditions (including conditions relating to management and inspection) as it may deem fit to impose, any institution or other premises for the reception of probationers who may be required to reside therein by a supervision order.

(2) Any such institution or other premises shall be maintained, managed and inspected in accordance with such instructions as may be issued by the Government from time to time.

Rule - 26. Residence of a probationer in such institution or other premises :-

(1) When a Probation Officer is of the opinion that it is necessary or desirable for the probationer to reside in any institution or other premises referred to in Rule 25 on the ground that the probationer has no fixed abode or no abode suitable for the supervision, or that his/her home surroundings are not suitable for achieving the objects of probation, or that the objects of probation would be better served by his/her staying in such institution or premises, the probationer may be asked to reside therein.

(2) The probationer may also be required to reside in any such institution or premises in pursuance of any order of the Court which passed the supervision order. A copy of the order should be sent to the officer/person in charge of such institution and an undertaking may be taken from him/her when necessary (as in Form VI and Form IX).

Rule - 27. Change of residence :-

(1) Where a probationer under supervision, changes or proposes to change his/her place of residence and the place of such residence is outside the jurisdiction of the Probation Officer he/she shall obtain the permission of-

(a) the Probation Officer, if the period of such stay does not exceed a fortnight;

(b) the District Magistrate on the recommendation of the Probation Officer; if such period exceeds a fortnight but does not exceed three months; or

(2) Where the period of stay referred to in sub-rule (1) exceeds a fortnight, the probationer shall be required to report to a Probation Officer having jurisdiction in the changed place of residence on or before a specified date.

(3) The Probation Officer in the changed place of the residence shall send to the original Probation Officer a report of the arrival of the probationer and send copies of the report and such other reports as may be required by the Chief Probation Officer to the District Magistrate or District Magistrates concerned and to the Chief Probation Officer.

(4) Where the period of stay referred to in sub-rule (1) exceeds one month, a new Probation Officer may be appointed under Section 13(2) of the Act by the District Magistrate having jurisdiction over the changed place of residence or by the Court.

VII. Records

Rule - 28. Records to be maintained by Probation Officers :-

(1) A Probation Officer shall maintain the following records-

(a) a diary showing his/her day-to-day work including preliminary enquiries, attendance at Court, meetings with probationers, contacts with societies and visits to the institutions and premises referred to in rule 25.

A copy of the diary will be submitted every week to the District Probation Officer;

(b) a file containing copies of all reports or preliminary inquiries submitted to the Courts;

(c) a register showing the receipt and disposal of all orders of the Courts to the Probation Officer for making enquiries;

(d) probationers case-file as in Form VIII containing-

(i) a front cover page indicating the main particulars of the probationer and the case;

(ii) a summary of the probationers antecedents, character, his/her family and other environments and the circumstances of the offence, further progress of supervision and all other important events during the period of probation; and

(iii) copies of pre-sentence report, order of Courts, bonds or undertakings, and all other records relating to him/her including a history sheet.

(e) an index card, and a chronological register (as nearly as may be in Form X) of probationers;

(f) register of payments made on account of probationers showing :-

(i) payments to institutions or premises referred to in Rule 25 for maintenance of probationers;

(ii) payments to probationers for travelling expenses to such institutions or premises and back;

(iii) fares for reporting to a Probation Officer;

(iv) other financial aid to probationers; and

(g) such records as may be prescribed by the Chief Probation Officer or the Chief Controlling Authority from time to time.

(2) A special Probation Officer shall maintain the records mentioned in clauses (a) and (d) of sub-rule (1) and send such other information to the District Probation Officer, the Chief Probation Officer and the Chief Controlling Authority as prescribed by the Government from time to time.

Rule - 29. Preservation of records :-

(1) Each probationers case-file with the Probation Officer shall be preserved for not less than five years from the date of the expiry of the supervision order to which it relates.

(2) The diary shall be closed on the 31st December of each year and thereafter be deposited as a confidential record in the office of the Chief Probation Officer. Each volume of diary shall be preserved for not less than ten years from the date of its closure.

(3) The index card and the chronological register should be preserved for at least ten years more after the destruction of the history sheets to which they relate.

Rule - 30. Inspection Book :-

An Inspection Book shall be maintained at each Probation Officers office. The Chief Controlling Authority, Chief Probation Officer, District Magistrate, District Probation Officer and such other persons as may be appointed by the Chief Controlling Authority for inspecting the work of Probation Officers, shall record their observation in the book. The observations made therein shall be forwarded to the Chief Probation Officer along with the comments of the Probation Officer.

Rule - 31. Records to be maintained by District Probation Officers :-

The District Probation Officer shall maintain the following records in his/her office in such manner as may be prescribed by the Chief Controlling Authority,-

(1) lists of Probation Officers in the district or area under his/her jurisdiction;

(2) lists of institutions or premises referred to in rule 25, in that area;

(3) a dossier for each probationer under supervision in the district containing a summary of the case and duplicates of important documents in the case-records with the Probation Officer;

(4) register of probationers in the district (as nearly as may be in Form VIII), received from probation officer;

(5) an inspection file containing notes of inspection of offices of Probation Officers and copies of reports of inspection submitted to the Chief Probation Officer;

(6) register of probationers staying in institutions or premises referred to in Rule 25, in the district;

(7) register of payments to probationers in the district;

(8) register of payments to societies in the district; and

(9) such other records as may be directed to be maintained by the Chief Controlling Authority.

VIII. Miscellaneous

Rule - 32. Probationers not to be employed on private work of Probation Officer :-

A Probation Officer shall not employ any probationer placed under his/her supervision for his/her own private purpose or take any private service from him/her.

Rule - 33. Quantum of Work Load on Probation Officers :-

(1) The Government may deploy adequate number of Probation Officers in courts in view of number of cases requiring probation services. However, a Probation Officer is not to be assigned more than 15 cases at any given point of time in order to ensure professional efficiency and standards of services.

(2) There shall be at least one Probation Officer available to / attached to not more than three criminal courts at any given point of time as a norm of professional service standard.

(3) There shall be one District Probation Officer for each revenue district of Delhi.

Rule - 34. Submission of statistics :-

Every Probation Officer shall collect and submit in January and July of each calendar year, the following statistics for the preceding half year to the District Probation Officer concerned, who in turn, will consolidate these statistics for the district and submit the same to the Chief Probation Officer:-

(1) the number of probationers;

(2) employment of probationers;

(3) the number of cases of variation /deviations of court order under Section 8 of the Act and of failure to observe conditions of bond dealt with under Section 9 of the Act;

(4) the number of offenders in his/her jurisdiction (a) discharged after admonition under Section 3 of the Act, (b) released under Section 4(1) of the Act without supervision, (c) sentenced to imprisonment though under 21 years of age.

The statistics mentioned above should be shown separately according to sex; age group, specifying nature of crimes and offences committed by probationers.

FORM I

[See Rule 13A (2) (a)]

Government of NATIONAL CAPITAL TERRITORY of Delhi

Office of the Chief Probation Officer

Instructions:-

1. This card is meant for establishing the identity of the holder as a District Probation Officer/Salaried Probation Officer/Associate probation Officer.

2. The Holder shall keep the card in his personal custody and shall be responsible for the safe custody thereof. Any loss or subsequent recovery of this card must be immediately reported to the Chief Probation Officer.

3. This card shall be returned to the Chief Probation Officer when the holder is placed under suspension or cease to hold office.

4. Holder of the card will be liable for disciplinary action, if the card is misused in any way.

(Inside)

Serial No. ........................................................

Name in full........................................................

(in Block letters)

Designation of ........................................................

the post held

(in Block letters)

Full Signature of the holder ............................

Date ............................

(Signature)............................

Chief Probation Officer

Dated ............................

FORM II

[See Rule 20 (1)]

Order under sub-section (2) of Sec. 4 of the Probation of Offenders Act, 1958

Probation Officer ............................ whereas a report under sub-section (2) of Sec. 4 of the Probation of Offenders Act, 1958 (20 of 1958) or under the provision of ............................ Is required for dealing with (Name) ............................ son/daughter of ............................ on bail / In custody of (full address) ............................ under section Sec. ............................ in case No. ............................ of P.S. ............................ you are hereby directed to collect or arrange to collect necessary information after making an enquiry and submit your report of social enquiry on or before ............................ or within such further time as may be allowed to you by the Court.

(Signature) ............................

Magistrate in Court of Session.

Seal of the Court

FORM III

[See Rule 10 (1)]

Report on Preliminary Enquiries under the Probation of Offenders Act, 1958

Serial No. ............................

In the Court of the ........................................................Magistrate ............................ (Place) ............................ (District) C.C. No. ............................20............................

Date of hearing ............................

Offence ............................

State............................(Police Station) ............................Crime No. ............................20............................

Name of offender ........................................................

Address (Place of residence) ........................................................

Age ........................................................

Sex and religion ........................................................

Give section and brief Description:

Personal History:

Behavior and habits (moral, recreational, etc) :

Temperament (outstanding character and personality traits):

Physical and mental history and present condition:

Leisure time activities:

External Influences:

School-record and report of teacher, if available ............................

Employment history:

Present occupation and wages (give also condition of labour, leisure, etc)............................

Report of employer, if any ........................................................

Associates ........................................................

Contact with Social and religious organizations, if any ........................................................

Home conditions ........................................................

Family History:

(a) Father ........................................................

(b) Mother ........................................................

(d) Step - mother ........................................................

(e) Brothers ........................................................

(f) Sisters ........................................................

(g) Wife/Husband........................................................

(h) Children ........................................................

(i) Other interested relations, if any........................................................

Economic conditions of the family:

Any social agencies, institutions or individual interested in the family:

Report of parents and relations ........................................................

Attitude of family towards offender and extent of its influence on him/her ........................................................

Report of neighbours ........................................................

Home surrounding and general outlook ........................................................

In poverty or unsettled life the cause of offence?

Legal History:

Previous institutional record, if any, ........................................................

statement of the present offence and circumstances in which it was committed............................

Offenders own reaction to the offence and his attitude towards possible punishment ............................

Any special information required by the Court ............................

Summary:

(a) Factual background of offender and his environment and offence.

(b) Diagnosis (offenders attitudes, defects in character or family, motivations and factors regarded as casual factors for the offence.)

(d) Recommendation (if asked by the Court.)

Name and address of the Probation Officer:

State ............................

Date ............................

Nature of disposal of the case............................

Date of disposal ............................

............................

Signature of Probation Officer

FORM IV

See Rule 21 (a)

Bond to keep the peace and to be of good behavior

[Under sub section (1) of Section 4 of the Probation of Offenders Act, 1958]

In the Court of the ............................Magistrate Case No. ............................ of 20 ............................

Whereas I, ............................inhabitant of ............................ have been ordered to be released by the Court of ............................on condition of my entering into a bond to appear and receive sentence when called upon during a period of ............................

I hereby bind myself,

(1) To appear and receive sentence when called upon to do so,

(2) That he/she will not to commit a breach of the peace or to do any act that may occasion a breach of the peace; and

(3) That he/she will be good behavior to Government and all the citizens of India during the said period.

In case of my making default therein, I hereby bind myself to forfeit to Government the sum of Rupees

........................................................

Dated this............................day of ............................on ............................Executed before me.

Signature

Magistrate

I / we do hereby declare myself / ourselves surety / sureties for the above named -

(1) To appear and receive sentence when called upon to do so;

(2) That he will not commit a breach of the peace or do any act that may occasion a breach of the peace; and

(3) That he will be good behaviour to Government and all the citizens of India during the said period.

In the case of his making default therein, I / we bind myself/ourselves jointly and severally to forfeit to Government a sum of Rupees ............................

Dated this ............................day of ............................20 ............................

(Signature) (Signature)

Executed before me. Magistrate

FORM V

[See Rule 21 (b)]

Supervision Order

[Under subsection (3) of Section 4 of the Probation of Offenders Act, 1958]

In the Court of ............................Magistrate

Whereas ............................has this day been found guilty of an offence under section ............................ and the Court is satisfied that it is expedient to deal with the said person by making an order placing him under supervision :

It is hereby ordered that the said person is placed under supervision of ............................the Probation Officer for a period of ............................subject to the following conditions, namely :-

(1) that he will present himself, within fourteen days from the date of this order, before the Probation Officer named herein, and will produce copies of the order and the bond executed by him;

(2) that he will submit himself to the supervision of the Probation Office or any other Officer appointed in his place;

(3) that he will

(a) during the period specified herein, keep the Probation Officer advised of his place of residence and means of livelihood,

(b) reside at ............................for a period of ............................

(4) That he will not quit the district or jurisdiction of ............................

(5) That he will not associate with bad characters or lead a dissolute life :

(6) That he will live honestly and peaceably and will endeavour to earn an honest livelihood ;

(7) That he will not commit any offence punishable by any law in force in India ;

(8) That he will abstain from taking intoxicants ;

(9) That he will carry out such directions as may, from time to time, be given by the Probation Officer for due observance of the conditions mentioned above.

Dated this ............................day of ............................20 ............................

(Signature)

Magistrate.

FORM VI

[See Rule 26 (2)]

Form of Undertaking by Authority in Charge of institutions or other premises for Reception of Probationers

In the Court of the ............................Magistrate

I, ........................................................ do hereby declared that I am willing to take charge of ............................ aged ............................under the orders of the Court subject to the following terms and conditions:

(1) I shall do my best for the welfare of the probationer as long as he/she remains in my charge and shall make proper provision for his/her maintenance.

(2) If the probationer?s conduct is unsatisfactory, I shall at once inform the Court/probation Officer.

(3) In the event of the probationer?s illness, he/she shall have proper medical attention in the nearest hospital.

(4) The probationer shall be free to follow the observance of his/her own religion.

(5) I undertake to produce him/her before the Court when so required.

Dated this ............................day of ............................20............................

Signature............................

Magistrate

FORM VII

[See Rule 9(3)(a) & 13(2)]

Monthly report on Progress of Probationer

Part I

Probation Officer ............................For the month of ............................ Register No. ............................ Court ............................

Case No. ............................

Probationers name ............................Date of Supervision order............................

Probationers address ............................Period of Probation ............................

PART II

Place of Interview Date

....................................................................................

1. Where the probationer is residing?

2. Progress made in any educational/ training course.

3. What work he is doing and his/her monthly average earning?

4. Savings kept in the Post Office Savings/ Bank account in his/her name.

5. Probationers health.

6. Remarks on his general conduct and progress.

PART III

7. Any proceedings before Court/District Magistrate for -

(a) variation of condition of bond under Section 8(1) or 9(1) of the Act: or

(b) change of residence, See Rule............................or

8. Probation period completed on ............................(date)

9. Result of probation with remarks (if any).

10. Occupation and address after discharge.

To,

The District Probation Officer

Court............................

Signature............................

Probation Officer

Date of Report............................

Address............................

FORM VIII

[Vide Rule 28(1) (d)]

Probationer?s Case-file

A. [FRONT/COVER PAGE]

Probation Officer ............................Court

........................................................

Officer register No. ............................Case No.

............................

Name of Probationer ............................Date of supervision order............................ Address ............................ Offence (Section)............................

Occupation ........................................................

Home Address........................................................

Mother tongue ........................................................

Sex ............................Age ............................

Date, time and place of arrest ............................

Facts of the case (in brief) ............................

Previous conviction(s) ............................

Referred for enquiry on ............................

Enquired by ........................................................

Enquiry report submitted on ............................

Monthly progress report submitted on ............................

....................................................................................

1st year

2nd year

3rd year

1. Brief family history and home conditions ...................................

2. School record and employment history ...................................

3. Delinquencies ......................................................................

4. Health ......................................................................

5. Mental condition ......................................................................

6. Neighbourhood
conditions......................................................................

7. Any other outstanding features and additional
information...................................

8. Chronological development of the case......................................................................

9. Final order (with date) of the Court......................................................................

10. Suggestions made by the Probationer Officer......................................................................

11. Name and address of the surety /sureties while under supervision

...................................

12. (a) Restrictions as to residence in any area/probation home/or otherwise...................................

(b) other restrictions...................................

13. Salient points in progress reports ......................................................................

14. Amendment to order, if any, under Secs. 8 and 9 of the Act ...................................

15. Final disposal......................................................................

Signature ...................................

Probation Officer

B. Other Contents of Dossier

1. Pre-sentence report......................................................................

2. Order of the Court......................................................................

3. Copy of bond / undertaking executed, if
any......................................................................

4. Correspondence......................................................................

5. Monthly report......................................................................

FORM IX

(See Rule 26(2))

Inmates Record

1. Serial No. and date of admission

2. Name of probationer

3. Father?s name and address

4. Identification details (caste, religion, age, sex, language, etc)

5. Name and address of :

(a) Probation Officer; and

(b) Sureties

6. (a) time of day during which he has to be inside the Home and time during which he is allowed to go out.

(b) Other conditions imposed on the probationer during his stay in the Home.

7. Health

8. Any reports or complaints received from where he works

9. Any violation of co9ndition of probation noticed or complained of date of report to Probation Officer

10. Any other remarks

11. The date of leaving the institution or other premises for reception of probationers.

12. His new address, new occupation, etc ......................................................................

Signature

Incharge of Probation Home

FORM X

[See Rule 28 (1) (e)]

Chronological Register of Probationers

Serial No. and date of admission

Name of probationer, Father?s name and address

Sex, age, religion, Identification marks, etc

Offence (give section and brief description of the offence)

(Give brief order) Court passing the supervision order and case No

Date of supervision order and period of supervision

Name of probation officer

Pre-sentence report submitted or not (if submitted, give P.R. No. and date)

Whether the probationer is residing in and nstitution or other premises for reception of probationer, if so, give the name and address of

Name and address of sureties, if any

(a)

(b)

(c)

(e)

(f)

Occupation, if any and wages, name and address of employer, if any

Any variation in original supervision order and date of such

No. of visits paid

No. of visits received

No. of (progress) reports submitted

Result of probation and remarks of Probation officer, if any

First year

Second year

Third year

Fourth year

Fifth year

Subsequent History after completion of Probation

Subsequent history after completion of probation