GOA, DAMAN AND DIU SUPPRESSION OF IMMORAL TRAFFIC IN WOMEN AND GIRLS RULES, 1978

PREAMBLE

In exercise of the powers conferred by section 23 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956), the Lieutenant Governor of Goa, Daman and Diu hereby makes the following rules, namely:-

Rule - 1. Short title and commencement.

(i)       These rules may be called the Goa, Daman and Diu Suppression of Immoral Traffic in Women and Girls Rules, 1978.

(ii)      They shall come into force at once.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,

(a)      "Act" means the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956);

 

(b)      "Board" means the Board of visitors appointed by the Government under rule 41;

 

(c)      "Chief Inspector" means the person appointed as such by the Government under rule 40 to discharge the functions of the Chief Inspector under the rules;

 

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

 

(e)      "Government" means the Government of Goa, Daman and Diu;

 

(f)       "Licence" means a licence issued under section 21;

 

(g)      "Section" means a section of the Act; and

 

(h)     "Superintendent" means the principal officer-in-charge of a protective home and includes any person specially appointed to discharge the functions of a Superintendent under these rules.

Rule - 3. Manner of notifying public places.

A copy of every order of District Magistrate notifying a place to be a public place under sub-section (1) of section 7 shall be affixed to a conspicuous part of the public place so notified and also displayed on the notice Board of Police Station of that place and the court of the District Magistrate.

Rule - 4. Placing of girls in safe custody.

(1)     Where a responsible and trustworthy person or a body of persons belonging to the same religious persuasion as that of a girl produced before a Magistrate under sub-section (1) of section 17 is willing to take charge of the girl and the Magistrate, acting under sub-section (1) or sub-section (2) of that section, passes an order placing the girl in the safe custody of that person or body of persons such person or body of persons shall execute before the Magistrate an undertaking in Form I.

(2)     If the person or the body of persons in whose custody the girl is placed is no longer willing to fulfill the conditions of the undertaking, he may apply to the Magistrate for releasing him from the obligation to keep the girl in his custody.

Rule - 5. Detention of woman or girl in Protective Home.

Where, in pursuance of sub-section (2) of section 10, or sub-section (2) of section 17, or sub-section (2) of section 19, a Magistrate passes an order directing that a woman or a girl be detained in a protective home, a warrant of detention in Form II shall be prepared in duplicate and shall be forwarded to the Superintendent of the protective home who shall retain one copy and return the other to the Magistrate after making an endorsement therein that the woman or girl referred to in the warrant has been duly taken in his charge.

Rule - 6. Notification of residence, etc. by previously convicted offenders.

(1)     Any previously convicted offender who has been ordered by the court under section 11 to notify her residence or any change of, or absences from, such residence shall immediately after her release, report herself to the police officer having jurisdiction over her place of residence and shall also leave her correct address with such police officer. Thereafter, she shall report herself to such police officer once in every month till the expiry of the period for which she is required to notify her residence.

(2)     When any such offender intends to change her place of residence, she shall intimate her intention to the police officer having jurisdiction over her place of residence and also furnish to him the correct address of the intended place of residence. In every such case, the police officer shall send to the police officer having jurisdiction over the new place of residence a report of the intended change of residence together with full particulars of the convicted offender.

(3)     As soon as the offender takes up her residence in the new place, she shall report herself to the police officer having jurisdiction over that place and shall also report herself to such officer once in every month till the expiry of the period for which she is required to notify her residence.

(4)     If, for any reason, the offender does not change her place of residence, as originally intended, she shall report the fact to the police officer having jurisdiction together with the reasons for such change of intention.

(5)     The provisions of sub-rules (2), (3) and (4) shall apply to temporary absence from the place of residence for any period exceeding seven days.

Provided that, in the case of temporary absence, the convicted offender shall again report to the police officer as soon as she returns to her usual place of residence.

(6)     Any person who commits a breach of any of the sub-rules (1) to (5), shall be punishable with fine which may extend to two hundred and fifty rupees.

Explanation.- In this rule, "Police Officer" means the Officer in charge of a Police Station.

Rule - 7. Licensing of Protective Home.

(1)     Application for a licence under sub-section (3) of section 21 shall be made in Form III to the Government.

 

(2)     On receipt of an application for a licence, Government shall before issuing the licence, the cause full and complete investigation to be made through an officer or authority appointed in this behalf. The said officer or authority before reporting on the application to the Government shall record the statement of applicant or applicants and the Special Police Officer appointed for the area. In addition, he may make enquiries from such social welfare workers or respectable persons of the locality as he may deem necessary. The Government, if satisfied, that the applicant or applicants is or are fit person or persons to whom a licence may be issued, may issue a licence in Form IV, which, if issued, will remain in force for a period of one year.

 

(3)     An application for the renewal of a licence shall be made in Form V at least thirty days before the date of its expiration. The licence may thereupon be renewed for a like period.

 

(4)     No licence issued or renewed under this rule shall be transferable.

 

(5)     The management of every licensed protective home shall, wherever practicable, be entrusted to women.

 

(6)     The licensee shall comply with all the conditions of the licence and the provisions of the Act and these rules and shall maintain all registers and accounts in the manner hereinafter laid down and shall submit all statements and returns as prescribed in the rules.

 

(7)     The duties and responsibilities of the Superintendents of a private protective home licensed by the Government under this rule shall be the same as those specified under rules 14 and 15.

Rule - 8. Admission into Protective Home.

(1)     On the admission of a woman or a girl into a protective home under the provisions of the Act, she shall be examined by the Superintendent who shall record in the Inmates' Register in Form VI the particulars required to be shown in that register.

 

(2)     The woman or girl admitted into a protective home shall then be supplied with a new set of clothes and the clothes worn by her at the time of admission shall be destroyed, if they are in rags or in filthy and verminous condition. The clothing of a woman or girl shall be returned to the parents, guardians or relatives of the woman or girl and if it is not possible to do so, shall be washed, tied up in a bundle and stored and returned to the woman or girl on her discharge. She shall also be given a bath, which shall be of a disinfecting nature.

 

(3)     The Superintendent or some other official of the protective home considered suitable by such Superintendent or a female police shall then take the woman or girl to the nearest hospital for examination. If there is no hospital within a reasonable distance, the medical examination of the woman or girl shall be conducted by the nearest qualified lady doctor.

 

(4)     Women or girls found to be suffering from any venereal disease or any other contagious disease shall be kept, as far as possible separate from the other inmates, of the protective home. Women or girls suffering from minor ailments shall be treated by the medical officer of the protective home. If any woman or girl is suffering from serious illness, she shall be taken to the nearest hospital for admission and a report shall immediately be sent to the Magistrate who has ordered detention or the keeping of the woman or girl in the protective home. A copy of the report shall be simultaneously sent to the Chief Inspector.

Rule - 9. Admission of children accompanying inmates into Protective Home.

(1)     A child below seven years of age in the care of its mother who is detained or ordered to be kept in the protective home may also be admitted to the home along with her, if it cannot be placed with its relative or otherwise properly provided for. If any question arises as to whether a child is below seven years of age or not, such question shall be determined by the Superintendent.

 

(2)     A child born after the admission of the inmate into the protective home may remain with her.

 

(3)     No child shall be kept in the protective home if it has completed the age of seven years. On a child completing such age, the Superintendent shall intimate the fact to the Chief Inspector with a view to his making arrangements, if possible, to place the child with its relatives.

 

(4)     A child kept in the protective home shall be allowed such diet and clothing as the medical officer attached to the protective home may think fit.

Rule - 10. History ticket.

A record hereinafter referred to as history ticket shall be maintained in respect of each inmate in Form VII.

Rule - 11. Medical examination.

Every inmate shall be medically examined and weighed once in every month and the result of such examination and weighment shall be recorded in the history ticket of the inmates. A statement in Form VIII showing the weighment statistics of the protective home shall be submitted before the 10th of every month to the Chief Inspector.

Rule - 12. Strength of establishment of Protective Home.

The Strength of the establishment including medical officer of each protective home, whether established or licensed by the Government, shall be determined by the Government from time to time in consultation with the Chief Inspector. The Government, in consultation with the Chief Inspector, may also assign duties to them. Necessary arrangement for medical aid in consultation with the Chief Inspector.

Rule - 13. Superintendent.

The Superintendent shall generally be responsible for the observance of all rules and orders, the supervision of the subordinate staff and the maintenance of discipline among the inmates. He shall, in his own hand writing maintain an office journal in which shall be recorded daily, every occurrence of importance connected with the management of the home, which is not otherwise disposed of in the register of correspondence and which is desirable to note for future guidance. The journal shall be forwarded to the Chief Inspector of the end of each month, who shall immediately return it after perusal with such remarks as he may consider necessary.

Rule - 14. Superintendent.

The following duties, in addition to other duties assigned by the Government from time to time, appertain to the Superintendent, namely:-

(1)     He shall be in charge of general supervision and sanitation of the home and health of inmates;

 

(2)     He shall be responsible for the discipline of the subordinate staff.

 

(3)     He shall be in charge of maintaining general accounts, disbursing bill, custody of jewellery, cash and other belongings of the inmates;

 

(4)     He shall be in charge of office correspondence, interviews with visitors and showing them round the protective home:

 

(5)     He shall arrange meetings of the Boards of Visitors and submit immediately the reports of the meetings to the Chief Inspector;

 

(6)     He shall make surprise inspection of provision stores at least once in a month, shall visit the protective home at uncertain hours and check that everything is in order;

 

(7)     He shall be responsible for submitting statements and returns as may be prescribed by the Government in consultation with the Chief Inspector from time to time;

 

(8)     He may grant casual leave to the subordinate staff;

 

(9)     He shall reside in the quarters in or near the premises of the protective home;

 

(10)   He shall be responsible for the purchase of provision and by informing himself of the current bazar rate shall satisfy himself that, the full amount of food is purchased and the rates are reasonable. He shall also see the rations weighed and served out to the cooks, and shall with the medical officer, inspect the food daily, when it is cooked and ready for distribution, to make sure that it is properly cooked and that the full quantity reaches the inmates. The result of the Superintendent's inspection of food shall be noted in the Officer Journal;

 

(11)   He shall be responsible for all the property of the protective home and all money and stores received.

Rule - 15. Weekly inspection.

(1)     On one morning of every week which shall usually be Monday, the Superintendent shall hold an inspection of all the inmates. At each such inspection the Superintendent shall satisfy himself:-

(a)      that every inmate is provided with proper clothing and bedding;

(b)      that they are clean and tidy; and

(c)      that the rules and orders applicable to inmates are being duly carried out.

(2)     The Superintendent shall, at every such inspection hear and enquire into any complaints and request that the inmates may wish to make. It shall be his duty to hear the complaints and requests of inmates patiently and to afford them reasonable facilities for making such complaints and requests.

(3)     Nothing in this rule shall debar any inmate from making a complaint or request to the Superintendent at other times than at the weekly inspection and it shall be the duty of every member of the staff to produce before the Superintendent, without delay, any inmate desiring to see him.

Rule - 16. Documents to be kept in personal custody of Superintendent.

The following documents shall be kept in the personal custody of the Superintendent:-

(a)      Contract agreement bonds,

 

(b)      Contractor's and subordinates security deposit receipt of Post Office Savings Books, Accounts Books and Post Office Cash Certificate,

 

(c)      Personal files, service books and character rolls of the staff,

 

(d)      History Sheets of inmates.

Rule - 17. Previous sanction required by Superintendent to leave station.

Without written sanction of the Chief Inspector, the Superintendent shall, on no account, absent himself, from the station.

Rule - 18. Office order book.

The Superintendent shall maintain an order book for the protective home in which he shall record all standing orders issued to his subordinates from time to time. He shall, by an order, allot the various duties to his subordinates and may, by a subsequent order, vary such allotments.

Rule - 19. Duties of Medical Officer of Protective Home.

(1)     In addition to such other duties as may be assigned to the Medical Officer of a protective home by the Government from time to time in consultation with the Chief Inspector, the Medical Officer shall visit the protective home once a week, provided that when necessary he shall visit the protective home on Sundays and Holidays also. He shall attend to the health and cleanliness of the inmates, the treatment of the sick, the sanitation of the protective home, general inspection and supervision of food and all other matters, connected directly or indirectly with the health of the staff and inmates of the home.

 

(2)     On each visit to the protective home, the Medical Officer shall enter his remarks in the register in Form IX.

 

(3)     The Medical Officer shall accompany the Chief Inspector during his inspection of the protective home whenever possible.

Rule - 20. Educational and vocational training of inmates of Protective Home.

(1)     Provision may be made for general education in all protective homes. Besides general education, each protective home shall, as far as possible, provide for the vocational training of the inmates, the wishes of each inmate being consulted, as far as possible, as to the particular training she shall undergo. Suitable employment, which shall include house work, sewing, weaving, spinning and the like may be provided. All courses of training shall be approved by the Chief Inspector.

(2)     Teachers shall be engaged for imparting general education and instructors appointed for giving vocational training to the inmates. In an emergency, the Superintendent may direct such teachers and instructors to attend to executive or administrative duties.

(3)     The inmates of a protective home may be sent wherever advisable to other institutions for similar educational and vocational training with the prior approval of the Chief Inspector.

Rule - 21. Daily Routine of Protective Home.

The following model time-table is given for the guidance of the Superintendent who shall prepare the time table of the Protective Home on these lines:

Note: Daily routine may be suitably modified on Sundays and other Gazetted Holidays.

Rule - 22. Diet of inmates in Protective Home.

All inmates of a protective home shall receive diet on such scale as may be fixed by the Chief Inspector from time to time.

Rule - 23. Supply of Clothing, etc. to inmates of Protective Home.

(1)     Each inmate shall be supplied with a box, an unbreakable plate and a tumbler.

(2)     Clothing and bedding to inmates shall be supplied on the following scale:-

(3)     Every inmate shall be given for the purposes of washing clothes soap per month and for bathing purposes half a cake of toilet soap per month and 3/4 oz. of washing soda per week. Every inmate shall also be provided with three ozs. of oil per week for dressing of hair and half an ounce of oil once a week for oil bath. A sufficient number of mirrors shall be placed in each dormitory.

Rule - 24. Leaving Space for inmates of Protective Home.

Every inmate shall have a separate bed. A place shall be allowed for every inmate in the dormitory.

Rule - 25. Religious and Moral Instruction.

(1)     A protective home shall not be used as a means of fostering any one religion' at the expense of other and the principle of secularism shall be maintained strictly.

(2)     Religious and moral instructions to inmates of protective homes shall be allowed on condition that no proselytising is carried on under the cloak of such instruction and that nothing is done to take the inmates away from the religion professed by them. The instruction may be in the form of prayer, worship or occasional bhajans with music according to the religion an individual inmate professes.

(3)     The Superintendent shall endeavour to secure the service of honorary instructors; and in their absence, the senior members of the staff preferably the teachers, shall be deputed to impart religious and moral instruction to the inmates of their own faith at least once a week.

Rule - 26. Libraries for Protective Home.

Every protective home shall be provided with a library of suitable books with a catalogue. The choice of books shall be made by the Superintendent and approved by the Chief Inspector, who will be responsible for the suitability of the books chosen.

Rule - 27. Attendance of inmates of Protective Home before Police or Magistrate.

Any inmate whose attendance is required before the police or before a court shall be permitted to leave the protective home for the purpose, only on receipt of a written requisition signed by a police officer not below the rank of Deputy Superintendent of Police or of a summons issued by the court of competent jurisdiction. The inmate shall in such cases be accompanied by the Superintendent or by any other female member of the staff considered suitable by the Superintendent or a female police.

Rule - 28. Escape and recapture of inmates of Protective Home.

(1)     The Superintendent shall give immediate notice of the escape or recapture of any inmate of the home to:-

(a)      the Chief Inspector,

 

(b)      the nearest Police Station; and

 

(c)      the Inspector General of Police,

 

(d)      the court which had ordered detention or keeping of the inmate in the Home.

(2)     On receipt of notice of escape under sub-rule (1), the officer-in-charge of the police station shall take necessary steps to bring her back to the home from which she escaped.

Rule - 29. Death of inmate of Protective Home.

In case of death of any of the inmates, the Superintendent shall immediately report the circumstances of the case to the Inspector General of Police and the court which had ordered detention or keeping of the inmate in the Home.-

Copies of report shall also be sent to the Chief Inspector and to the parents, guardians or relative, as the case may be, of the inmate.

Rule - 30. Transfer of inmates.

(1)     The Chief Inspector may, for any of the following reasons to be recorded in writing, order the transfer of an inmate detained in a protective home to any other protective home:-

(a)      When the transfer is for the welfare of the inmate or is in the interest of discipline;

(b)      when there is no accommodation in the protective home; or

(c)      for any other special reason.

Provided that no inmate should be transferred merely to make room for a new entrant.

(2)     If and when an inmate detained in a protective home is found to be incorrigible or exercising bad influence upon other inmates of the protective home, the Superintendent shall report the case to the Chief Inspector and, if approved in writing by the Chief Inspector shall move a court of competent jurisdiction under which the protective home is situated for the transfer of the inmate to a prison and for the detention in such prison for a period not exceeding six months. If the removal of the inmate to a prison is ordered by the court, the Superintendent shall take immediate steps for effecting the transfer and report the matter to the Chief Inspector.

(3)     The Superintendent shall before effecting such transfer, satisfy himself that the inmate to be transferred is in a fit state of health to undergo the transfer.

 

(4)     The inmate shall be escorted by a woman employee of the protective home considered suitable for the purpose by the Superintendent of the home or by a female police. The Superintendent may, if necessary take the assistance of the Special Police Officer of the area.

 

(5)     All the records and personal property, if any, relating to the inmate transferred shall be handed over to the escort to be delivered to the Superintendent of the protective home to which the inmate is transferred.

 

(6)     The Superintendent of the home to which the inmate is transferred shall, on the arrival of the inmate and after verification, acknowledge the correct receipt of the documents and property.

 

(7)     The total period of detention or stay of an inmate ordered by the court shall on no account be increased by any transfer under sub-rule (1).

 

(8)     Whenever an inmate of a protective home is transferred to another protective home, intimation of the transfer of the inmate shall be sent to the parent or guardian.

Rule - 31. Visits to and communications with inmates of Protective Home.

(1)     No inmate shall be allowed to see visitors or receive letters without the express permission of the Superintendent and no male visitor shall be permitted to interview any of the inmates except in the presence of the Superintendent or any other member of the staff of the protective home so authorised by the Superintendent in this behalf.

 

(2)     All letters addressed to the inmates will pass through the Superintendent of the home, who may in his discretion withhold any letter from delivery, if, in his opinion, the contents of the letter are harmful to the interests of the inmate or are intended to undermine the general discipline of the home.

 

(3)     Every inmate newly admitted to a protective home shall be allowed reasonable facilities for seeing or communicating with her relatives, friends or legal advisers for the purpose of preparing an appeal.

(4)     Parents and guardians may visit inmates of a protective home on Saturdays and Sundays between 4 p.m. and 6 p.m. but for very urgent reasons, visitors may be allowed on other days and at other time with the special permission of the Superintendent. The privilege of receiving visitors may be refused on the orders of the Superintendent as a punishment for misconduct by the inmate, or if it is used to introduce any prohibited article into the protective home or if the parent or guardian has or is likely to have, in the opinion of the Superintendent a bad influence on an inmate or inmates or any other sufficient cause. The Superintendent shall record his reasons for such refusal in the office journal.

(5)     Every inmate shall be allowed to write or receive a letter twice a month during the period of her detention or stay in the protective home to and from a parent or near relation subject for the condition of good conduct.

(6)     If the address of the parents or guardians is known, they shall be given notice of any serious illness of the inmate and the Superintendent shall answer any reasonable enquiries made by the parent? or guardians.

(7)     Inmates shall be allowed, if they so desire, special letter in order to inform the parents or guardians of their transfer from one protective home to another. This shall not be counted as a letter for the purpose of sub-rule (5).

(8)     The Superintendent may at his direction grant interviews or allow the despatch or receipt of letters at shorter intervals than those provided in sub-rule (5) inspite of the inmates' misconduct, if he considers that special or urgent grounds exist for such concession.

(9)     A register in Form X shall be maintained by the Superintendent for recording the visits of parents or guardians of the inmates of the protective home. Cases of refusal to permit visit shall be recorded in such register with reasons.

(10)   A register of correspondence between the inmates, their parents and guardians or near relatives shall be maintained in Form XI.

Rule - 32. Permission to inmates to absent themselves for short periods from Protective Home.

(1)     With the previous sanction of the Chief Inspector and in very special cases, the Superintendent may grant to any inmate leave of absence for a period not exceeding a week on the death of the parent or guardian or to visit the parent or guardian who is seriously ill. The Chief Inspector may extend the leave granted by a period not exceeding two weeks. The leave granted may, at any time, be cancelled without assigning any reasons and the inmate recalled.

(2)     The inmates may be taken to places of interest under the supervision of the Superintendent or somebody deputed by him with the prior approval of the Chief Inspector.

Rule - 33. Discipline and punishments.

(1)     The following acts are forbidden in a protective home and every inmate who willfully commits any of them shall be deemed to have willfully disobeyed the regulations of the protective home:

(a)      quarrelling with any other inmates;

 

(b)      any assault or use of criminal force;

 

(c)      use of insulting, obsene or threatening language;

 

(d)      immoral or indecent or disorderly behaviour;

 

(e)      willfully disabling herself for labour;

 

(f)       continuously refusing to work;

 

(g)      willful idleness and negligence at work;

 

(h)     willful damage to the property of protective home;

 

(i)       willful mismanagement of work;

 

(j)       tempering with or defacing history tickets, records, documents or tools;

 

(k)      receiving, possessing or transferring any prohibited article; (1) feigning illness;

 

(l)       willfully bringing a false accusation against any official or inmate;

 

(m)    conspiring to escape or to assist in escaping;

 

(n)     answering untruthfully any question put by an officer of the protective home or a visitor;

 

(o)      refusing to eat food or willfully destroying food;

 

(p)      committing a nuisance in any part of the protective home.

(2)     The Superintendent may award any of the following punishments for the act or acts specified in sub-rule (7).

(a)      deprivation of play hour;

 

(b)      temporary cessation of visits from parents or guardians;

 

(c)      change to labour of severe nature for a period not exceeding one month; and

 

(d)      segregation from other inmates and detention in a separate room of the protective home.

(3)     A punishment book shall be maintained in Form XII by the Superintendent, who shall record full particulars of the punishments inflicted by him together with the nature of offences, the names of the offenders and the number of previous punishments awarded to them.

 

(4)     An extract from the punishment book shall be sent by the Superintendent to the Chief Inspector before the 10th of every month.

Rule - 34. Prohibited articles.

Liquor, intoxicating drugs including opium and ganja shall be the prohibited articles and shall not be introduced, received, possessed or transferred in the protective home.

Rule - 35. Treatment of mental cases.

When an inmate of a protective home is sent to a Government Mental Hospital for observation or treatment, action shall be taken by the Superintendent under sub-section (2) of section 6 of the Indian Lunacy Act, 1912 (Central Act 4 of 1912), for obtaining reception orders. An inmate who is taken to the Government Mental Hospital with such reception order shall be treated as a "Civil Patient".

Rule - 36. Removal to Civil Hospital for treatment.

(1)     Whenever the medical officer of a protective home considers it necessary to remove an inmate to a civil hospital for treatment as an indoor patient, he shall draw up a full statement of the case and forward the same to the Superintendent, who shall forthwith cause the inmate concerned to be sent to the hospital temporarily.

 

(2)     The inmate shall immediately proceed under escort to the hospital and present herself to the officer in charge of the hospital.

 

(3)     The inmate shall be an indoor patient in the hospital and shall not leave it until formally discharged therefrom.

(4)     The authorities of the hospital shall give intimation to the Superintendent concerned before discharging the inmate from the hospital. On receipt of intimation, the Superintendent shall arrange for an escort to fetch the inmate. The railway warrant, subsistence allowance, bus or other fare and any other allowances necessary for the inmate and the escort shall be given to the escort so arranged by the Superintendent. Such charges shall also be paid to the escort while removing the inmate from the protective home to the hospital.

(5)     When an inmate is removed for treatment to a civil hospital no charges shall be made against the protective home for the treatment and diet given to the inmate in the hospital.

Provided that in case of non-availability of any particular medicine in a civil hospital required for treatment, the protective homes shall bear the cost thereof.

(6)     When the inmates are indoor patients in a civil hospital, the Superintendent shall make necessary arrangement to guard such inmates.

 

(7)     A census book in Form XIII shall be maintained in each home for recording the removal of inmates to hospitals, etc.

Rule - 37. Period spent in Hospital.

When an inmate is sent to a Government Mental Hospital or as an indoor patient to a civil hospital, the period spent by her in such hospital and in going there and returning therefrom shall be deemed to be part of the period of her detention or stay in the protective home.

Rule - 38. Discharge of inmates of Protective Home.

(1)     The Government may at any time order an inmate of a protective home to be discharged either absolutely or on such conditions as they approve. In the event of a breach of any such conditions, the inmate shall be liable to be arrested and brought back to the protective home.

(2)     The Superintendent shall at the end of each month prepare a statement of inmates who have to be discharged in the subsequent month and read out the statement to the inmates

(3)     On the date of discharge, the inmates' state of health shall be recorded by the Superintendent in the inmates' Register. He shall compare the entries in the warrant of committal with those in the register and shall satisfy himself that they agree and that the term of the inmate has been duly served. He shall then sign the endorsement for discharge on the warrant, certifying to the due expiry of the term the belongings of the inmate shall be handed over to her and the details recorded in the appropriate column in the inmates register. The inmates shall be given food for in the day before she is discharged. The inmate shall, if necessary, be provided with suitable clothing.

(4)     Every discharged inmate whose destination is on or near a line of railway, shall be supplied with a railway ticket of the lowest class. Payment of the fare shall be made by railway warrant where cost of the journey exceeds Rs. 5/-. In other cases, payment shall be made in cash. When a journey is to be made by a boat, bus or steamer, the inmate shall be provided with passage or passage money to the halting place nearest to her destination at the lower rate. Every inmate who has to proceed a distance of more than 6 kilometres by road or more than 3 hours' journey by rail or by other mode of conveyance shall, on discharge, be given subsistence allowances at the rate of half-a-rupee if the journey will be completed on the following morning and one rupee per day otherwise.

 

(5)     The Government may at any time order suitable inmates of the protective homes to be admitted into a home established under the After-Care Programme of the Government.

 

(6)     The Superintendent of the protective home shall send to the Chief Inspector, a quarterly list, two months in advance of quarter, showing the names and other particulars of the inmates of the home who are due for discharge during the quarter, so that the Chief Inspector may either arrange to send them to the After-Care homes or appoint After-Care Officers their supervision on discharge from the protective home.

 

(7)     The After-Care Officers appointed for the after-care of the ex-inmates of the protective homes shall send monthly reports about their conduct, character, health and mode of occupation to the Chief Inspector and to the Superintendent of the Protective Home for a period of one year from the date of discharge and quarterly reports thereafter for two years.

 

(8)     A disposal register in Form XIV shall be kept in every protective home in which full particulars shall be entered of the manner in which every inmate is disposed of on discharge and of her after-career. Every effort shall be made by the Superintendent to keep in touch with the inmates for at least three years after their discharge.

 

(9)     An annual return in Form XV shall be made by the Superintendent to the Chief Inspector. The remarks made by the Board of Visitors from time to time during the year to which the return relates shall also be communicated to the Chief Inspector with the return.

Rule - 39. Marriage of inmate of Protective Home.

(1)     The Superintendent may, if possible, arrange for the marriage of an inmate with a man of her own religion provided that her previous consent in writing and that of her parents or guardians, if she has not attained the age of 18 years, is obtained and provided no monetary or other consideration is accepted from the person to whom the inmate is married or from any person interested in him. In case there is no parent or guardian living, the consent of the nearest relation should be obtained. The wishes of the inmate shall in every case be considered.

(2)     No such marriage shall be performed without the permission of the District Magistrate.

Rule - 40. Chief Inspector of Protective Home.

(1)     The Government shall appoint a Chief Inspector for all the protective homes in the territory of Goa, Daman and Diu.

(2)     Among other duties assigned to him by the Government from time to time, the following duties shall appertain to the office of the Chief Inspector, namely:-

(a)      he shall superintend and control the working of these rules;

(b)      he shall have general control over the staff in all protective homes in the territory;

(c)      he shall inspect all protective homes whether established or licensed by the Government, at least once a year and submit his inspection report to the Government.

Rule - 41. Board of Visitors.

(1)     The Government may appoint for any local area, a Board of Visitors, who may visit either collectively or individually and with or without notice, once a month the protective homes situated within such local area and comment and advise on matters affecting the administration of such protective homes.

(2)     The Government may appoint on a Board of Visitor to work as its members such officials and non-officials as it may deem necessary, the total number being not less than 3 and not more than 7, one of whom shall be nominated as President.

Non official members may include experienced social welfare workers, particularly women social welfare workers in the field of suppression of immoral traffic in women and girls.

(3)     A non-official member shall hold office for two years from the date of his appointment and shall be eligible for reappointment.

(4)     It shall be the duty of the Board.-

(a)      to enquire into and see that the arrangements in the protective homes are proper in all respects;

 

(b)      to examine the medical admission and disposal registers and any other connected records;

 

(c)      to see that no inmate is illegally detained in a protective home;

 

(d)      to bring any special cases to the notice of the Chief Inspector:

 

(e)      to interview new admissions, since the last meeting and to hear any representation that the inmates may desire to make;

 

(f)       to review the cases of inmates periodically and to recommend to the Government in any suitable case the discharge of any inmate before the expiry of her term whether unconditionally or subject to such conditions as it may deem fit to impose in view of the nature of each case; and

 

(g)      to carry out any other duties which may be assigned to the Board from time to time by the Government.

(5)     The Board shall hold a formal meeting once in every three months. The meeting shall be held in the protective home or if there are two or more protective homes in any area, in each home by rotation. The Superintendent of the protective home in which the meeting is held shall be the Secretary of the Board for the meeting.

 

(6)     No business shall be transacted at the meeting of a Board unless at least three members are present.

 

(7)     The President shall preside at every meeting of the Board at which he is present. If the President is absent from any meeting, the members present shall elect one of the members to preside over the meeting and the member so elected shall at that time exercise all the powers of the President.

 

(8)     The President of the Board shall fix the date and hour of the meeting and a week before the date so fixed, a notice thereof, together with an abstract of any special matters to be considered, shall be furnished to the members by the Secretary of the Board.

 

(9)     The minutes of each meeting shall be approved by the President and sent by the Superintendent of the protective home in which the meeting is held to the Chief Inspector with his remarks.

 

(10)   The Superintendent of each protective home shall bring to the notice of the Chief Inspector all cases of failure on the part of any member to attend the meeting. The Chief Inspector shall keep a record of such cases of absence and shall, when any non-official member's attendance is markedly irregular, bring the facts to the notice of the Government who may, if they think fit, remove such member from office.

 

(11)   The Superintendent shall be advised by the resolutions of the Board in the management of the protective home; provided that if, in the opinion of the Superintendent it would be inconsistent with the Act or these rules, or inexpedient to give effect to any such resolution, he shall submit the resolution for the orders of the Chief Inspector and intimate to the President of the Board the fact of his having done so. The order of the Chief Inspector shall be final. It will however, be subject to review by the Government who may confirm, rescind or modify such order.

Rule - 42. Visitor's book.

The Superintendent shall cause a Visitors' Book to be maintained at the protective home. A copy of the remarks of a visitor recorded in the Visitors Book shall be submitted by the Superintendent to the Chief Inspector soon after the remarks are recorded by the visitor.

Rule - 43. Annual returns.

The Superintendent shall submit to the Chief Inspector a report on the administration of his protective home for the previous year not later than the 15th May of each year.

Rule - 44. Maintenance and Auditing of Accounts.

(1)     The accounts relating to the cash transactions will be maintained.

 

(2)     A cash book shall be maintained wherein all daily transactions shall be recorded. All receipts and payments of cash are to be supported by proper vouchers.

 

(3)     The cash book and cash balance shall be checked by the Superintendent daily.

Rule - 45. Punishment for breach of Rules.

Any person who commits a breach of rules 6, 7 or 34 of these rules, shall on conviction by a Magistrate, be punishable with fine which may extend to two hundred and fifty rupees.