PROBATION OF OFFENDERS (KARNATAKA) RULES,
1960
PREAMBLE
In
exercise of the powers conferred by Section 17 of the Probation of Offenders
Act, 1958 (Central Act 20 of 1958), and with the approval of the Central
Government, the Government of Karnataka hereby makes the following rules, the
previous publication of the draft of such rules having been made in
Notification No. P and D 100 DCS 58, dated the 19th October, 1959, published in
Part IV, Section 2-C of the Karnataka Gazette, dated 29th October, 1959.
Rule - 1. Short title.
These
rules may be called the Probation of Offenders (Karnataka) Rules, 1960.
Rule - 2. Definitions.
(1)
In these rules, unless the context
otherwise requires.
(a)
"Act" means the Probation of
Offenders Act, 1958;
(b)
"Chief Inspector" means the
Chief Inspector of Certified Schools;
(c)
"District Magistrate" means.
(i)
in the Bombay Area and the Coorg
District, the District Magistrate of the District; and
(ii)
in the Hyderabad Area, the Madras Area
and the Mysore Area, the Additional District Magistrate of the District;
(d)
"Form" means a form appended
to these rules;
[(dd) "Regional Probation Superintendent" means
an Officer appointed by the State Government to control, guide and supervise
the work of the Probation Officers in the State or in such areas as may be
specified by the State Government;]
(e)
"Section" means a section of
the Act;
(f)
"Society" means any society
providing probation and after-care services recognised by the State Government
under Rule 6.
(2)
Words and expressions used but not
defined in these rules shall have the meanings assigned to them in the Act.
Rule - 3. Administration.
The
Chief Inspector of Certified Schools shall exercise general supervision over
the administration of Probation under the Act throughout the State of
Karnataka. [He
shall be assisted by the Inspector of Certified Schools, Regional Probation
Superintendent and other Inspectorate staff under him.]
Rule - 4. Probation Advisory Committee.
[(1) A State Level Probation Advisory Committee shall be
formed by the State Government, Bangalore, consisting of a High Court Judge as
Chairman and other members both official and non-official not exceeding twenty
in number including the Chairman. The official members shall include one or two
District and Sessions Judges, the Inspector General of Police, the Inspector
general of Prisons, the Chief Inspector of Certified Schools, the Director of
Industries, the Commissioner for Labour, the Chief Engineer and other officers
found necessary. The non-official members shall consist of representatives of
local recognised societies under Rule 6, if any, and other non-officials
representing industrial concerns and Labour and other social workers of the
area. The committee may review the work of the District Probation Advisory
Committees and make useful suggestions. The committee may also make suggestions
to Government for the improvement of the arrangements regarding the working of
the Act and for securing public co-operation in the handling of Probationers
and their rehabilitation and to secure compliance with the provisions of
Section 12.
The
Senior Inspector of Certified Schools, Karnataka State, Bangalore shall be the
ex officio Secretary of the State Level Probation Advisory Committee.]
[(2)] A Probation Advisory Committee shall be formed by the
State Government, in each District consisting of the [District
and Sessions Judge] as Chairman, and other members both official and
non-official preferably not exceeding nine in all, including the Chairman. The
official members shall include one or two Judicial Magistrates, the
Superintendent of Police and other officials found necessary. The non-official
members shall consist of a representative of the local recognised society under
Rule 6, if any, and other non-officials representing the Industrial Concerns,
employers of labour and other social workers in the area. The Committee may
make any suggestions to the Chief Inspector for improvement of the arrangements
regarding working of the Act, and for securing public co-operation in the handling
of probationers and their rehabilitation and also to secure compliance with
Section 12.
The
local Government Probation Officer appointed under Section 13(l)(a) of the Act,
shall be the ex officio Secretary of the Probation Advisory Committee.
Rule - 5. Appointment of Probation Officers.
(1)
The appointment of Probation Officers
under Section 13(l)(a) shall be made in accordance with the rules of
recruitment separately made by the State Government for this class of State
Civil Service.
(2)
The appointment of Probation Officers
under Section 13(l)(b) shall be made by the society in accordance with the
rules of recruitment framed by the said society and approved by the State
Government
(3)
The Court or the District Magistrate
of the area may, in exceptional circumstances, appoint any person to do the
work as a Probation Officer for any particular case under the Act:
Provided
that the person so appointed shall not be entitled to the remuneration and
other expenses payable to the Probation Officer appointed under Section
13(1)(a) and (b).
(4)
The Probation Officers appointed under
the Act, shall be deemed to be under the general control of the Chief
Inspector.
Rule - 5A. Powers and duties of Regional Probation Superintendent.
[(1) The Regional Probation Superintendent shall.
(a)
be responsible for the working of the
Probation Officer in the area within his jurisdiction;
(b)
control, guide, supervise and inspect
the work of the Probation Officers in areas within his jurisdiction;
(c)
review the diaries submitted by the
probation officers with reference to Rule 8(ix) and forward them to the Chief
Inspector with his remarks;
(d)
perform such other functions as may be
assigned to him by the Chief Inspector;
(e)
submit to the Chief Inspector, the
District Magistrate and Courts such other records as may be specified by the
Chief Inspector or by the State Government
Rule - 5B. Records to be maintained by the Regional Probation Superintendent.
The
Regional Probation Superintendent shall maintain in his office in such manner
as may be specified by the Chief Inspector.
(a)
a list of Probation Officers in the
area in his jurisdiction;
(b)
a list of after-care and care
Institutions under the control of the Chief Inspector;
(c)
a register of Probationers in the area
received from the Probation Officers;
(d)
an inspection file containing notes of
inspection of the work of the Probation Officers, copies of Inspection notes
submitted to the Chief Inspector; and
(e)
such other register as may be directed
to be maintained by the Chief Inspector.]
Rule - 6. 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.
(a)
Social defence, including care, after
care 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 State Government
together with a copy each of its rules, bylaws, 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 State Government may, after making
such inquiry as it considers necessary into the status, past record of social
or public service and present condition 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 State Government or the Court;
(b)
abide by these rules and any
instructions issued by the State Government and the Chief Inspector and see
that the same are followed by the Probation Officers and the personnel of any
institution or other premises referred to in Rule 13 under it; and
(c)
furnish to the State Government,
whenever required a statement of its financial position including the balance
sheet and audited report if any.
(4)
The State Government may withdraw the
recognition granted to a society under sub-rule (1) after giving a notice of
three months to the society. The recognised society may also get its
recognition withdrawn by the State Government after giving to it a notice of
three months.
(5)
A recognised society requiring a
subsidy from the State Government in aid of its activities relating to
probation shall forward to the Chief Inspector 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
13, if any, under it; and
(b)
such other particulars as may be
required.
(6)
The State Government may in deserving
cases and on the recommendations of the Chief Inspector pay to a recognised
society such subsidy and for so long as it may deem fit
(7)
The society which has been granted a
subsidy shall.
(i)
submit its annual report and audited
accounts and other reports as may be called for by the Chief Inspector;
(ii)
maintain standards of supervision work
and manage institutions or other premises referred to in Rule 13, if any, under
it to the satisfaction of the Chief Inspector; and
(iii)
provide all facilities for inspection
by the Officers concerned.
Rule - 7. Removal and resignation of Probation Officers.
(1)
A person named by a Court in a
supervision order as a Probation Officer shall cease to be a Probation Officer.
(a)
if he is appointed by the State
Government on the suspension or termination of his service by the State
Government; or
(b)
if he is appointed by a recognised
society, on the withdrawal of its recognition by the State Government or on the
suspension or termination of his service by the society; or
(c)
if he resigns, on the acceptance of
his resignation by the State Government, the recognised society, the District Magistrate
or the Court, as the case may be.
(2)
If a Probation Officer mentioned in a
supervision order or appointed under Section 13(2) ceases to be a Probation
Officer at any time, the Court passing the supervision order or making the
appointment may be informed accordingly by the District Magistrate in order to
enable the Court to appoint another Probation Officer from the list of
Probation Officers to be maintained for this purpose by the District Magistrate
in each District.
Rule - 8. Duties of Probation Officers.
A
Probation Officer shall perform the following duties:
(i)
shall carry out the directions given
to him by the Court which has named him in a supervision order passed by it in
respect of his duties under such order;
(ii)
shall also carry out all general or
special orders issued by the District Magistrate within whose jurisdiction the
probationer placed under his supervision for the time being resides;
(iii)
shall, as soon as may be after the
probationer is placed under his supervision, explain to such probation the
conditions of the bond entered into by him;
(iv)
where the probationer placed under the
supervision of a Probation Officer has entered into a bond with sureties, the
Probation Officer shall, from time to time, visit the sureties, if they reside
in his district, and keep them informed of the conduct and behaviour of the
probationer;
(v)
shall attend regularly the Court for
the work under the Act;
(vi)
shall make initial inquiries into the
circumstances and character, antecedents and health and home surroundings of
any person accused of an offence in accordance with Section 14(a) and submit
his report to the Court giving only the material facts of the case without
being as far as possible suggestive of any treatment programme;
(vii)
unless otherwise directed in the supervision
order, he shall regularly visit the probationer placed under his supervision at
his residence, place of employment, etc., atleast once a week during the first
three months and atleast once a month during the remaining period of the
supervision order and shall also receive visits from the probationer regularly
every month;
(viii)
shall advise, give guidance and
assistance to the probationers placed under his supervision and endeavour to
find them employment;
(ix)
shall submit monthly report in Form IV
in respect of the conduct and behaviour of the probationer placed under his
supervision to the Court which passed the supervision order. He shall also
forward a copy of every such report to.
(a)
the Chief Inspector;
(b)
the Society` under which he is
working.
(x)
shall make a report or bring before
the Court immediately, the probationer who has not been of good behaviour and
who has failed to observe any of the conditions of bond entered into by him
during the supervision period;
(xi)
shall make an application to the Court
to which appeals ordinarily lie through the Chief Inspector or the District
Magistrate, as the case may be,
against the order passed by the Original Court as provided under Section 11(3),
provided he is convinced that there are sufficient grounds for making an
application;
(xii)
shall maintain such registers, case
files, diaries and forms as the Chief Inspector directs from time to time;
(xiii)
and shall perform such other duties as
may be assigned to him by the Chief Inspector or the State Government.
Rule - 9. Probation Officer not to employ probationers.
A
Probation Officer shall not employ any probationer placed under his supervision
for his own private purpose or take any private service from him.
Rule - 10. Arrangement for work assigned under Section 14 on account of leave or transfer of Probation Officer.
The
District Magistrate of the area or the Chief Inspector as the case may be,
shall make suitable arrangements for the work assigned under Section 14 during
the absence on account of the leave or transfer of the Probation Officer.
Rule - 11. Female Probationers.
Supervision
of female probationers may as far as possible be done by Women Probation
Officers and in exceptional cases when the services of a Woman Probation
Officer are not available, by a Male Probation Officer.
Rule - 12. Remuneration and expenses payable to Probation Officers.
(1)
The remuneration and expenses payable
to Probation Officers appointed by a recognised society, shall be such as may
from time to time be fixed by such society, with the previous approval of the
State Government.
(2)
No Probation Officer appointed by a
Court under clause (c) of subsection (1) of Section 13 and sub-section (2) of
Section 13, shall be entitled to any fixed or monthly remuneration, but he may
be paid, if the Court so directs, such traveling allowance in connection with
his work as may be admissible to a Class II Government Officer. In addition, he
may be eligible for such honorarium to be paid by the Chief Inspector as may be
fixed by Government in this behalf from time to time.
Rule - 13. Change of residence.
(1)
Where a probationer under supervision,
consistent with the conditions of the supervision order, changes or proposes to
change his place of residence and the place of such residence is outside the jurisdiction
of the Probation Officer, he shall obtain the permission of.
(a)
the Probation Officer, if the period
of such stay does not exceed a fortnight;
(b)
the District Magistrate on the
recommendation of the Probation Officer, if such period exceeds a fortnight but
does not exceed three months; or
(c)
the Court on application made through
the Probation Officer, if such period exceeds three months.
(2)
Where the period of stay referred to
in sub-rule (1) exceeds a fortnight the probationer shall be required to report
to a Probation Officer having jurisdiction in the changed place of residence on
or before a date specified by the District Magistrate or the Court.
(3)
The Probation Officer in the changed
place of 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 Inspector to the District Magistrate or
District Magistrates concerned and to the Chief Inspector.
(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) by the District Magistrate having jurisdiction over the
changed place of residence or by the Court.
Rule - 14. Residence of Probationers.
(1)
The State 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 State Government from time to time.
Rule - 15. Forms.
(1)
The bond to be taken by the Court
under Section 4(1) shall be in Form I.
(2)
The bond to be taken by the Court
under Section 4(3) shall be in Form II.
(3)
The supervision order to be made by
the Court under Section 4(3) shall be in Form III.
(4)
Notwithstanding anything contained in sub-rules
(1) to (3), the Court shall have power to make such modifications in the Forms
I, II, III as deemed necessary and not inconsistent with the provisions of the
Act.
FORM I
[Bond for use under Section 4(1)]
[See Rule 15(1)]
(Bond to keep the peace and to be of
good behaviour)
Whereas
I (name........................... Inhabitant of
(place).......................have been ordered to be released by the Court
of.............under sub-section (1) of Section 4 of the Probation of Offenders
Act, 1958 (Act 20 of 1958) on my entering into a bond to appear and receive
sentence when called upon during a period of. ............and in the meantime
to keep the peace and be of good behaviour,
I
hereby bind myself that I shall,
(1) appear and receive
sentence when called upon to do so;
(2) not to commit a
breach of the peace, or do any act that may occasion a breach of the peace; and
(3) be of good behaviour
to Government and all the citizens of India, during the said period; and in
case of my making default therein I hereby bind myself to forfeit to Government
the sum of Rupees........dated this...........day of 19........
Signature.
(Where
a bond with sureties is to be executed, add)
We
do hereby declare ourselves sureties for the above named that he will.
(1) appear and receive
sentence when called upon to do so;
(2) not to commit a
breach of the peace or do any act that may occasion a breach of peace; and
(3) be of good behaviour
to Government and all the citizens of India, during the said period; and in
case of his making default therein, we bind ourselves, jointly and severally,
to forfeit to Government the sum of Rupees.
Dated
this,...............,.....day of...............19
Signature.
FORM II
[See Rule 15(2)]
[Bond for use by an Offender Placed
under Supervision under Section 4(3)]
BOND
Whereas
I (Name)......................inhabitant of (place)....................have
been ordered to be released by the Court of..............under sub-section (3)
of Section 4 of the Probation of Offenders Act, 1958 (Act 20 of 1958) on my
entering into a bond to appear and receive sentence when called upon during a
period of and in the meantime to keep the peace and be of good behaviour, and
to observe the other conditions contained in this bond during the period
of.............specified in the supervision order made by the Court, I hereby
bind myself as follows.
(1) That during the
period of..................I shall
(a) appear and receive
sentence when called upon to do so;
(b) not commit a breach
of the peace or do any act that may occasion a breach of the peace; and
(c) be of good behaviour
to Government and all the citizens of India;
(2) that I shall present
myself, within fourteen days from the date of the supervision order passed by
the Court, before the Probation Officer (CD,) named in that order and will produce
before him copies of that order and this bond.
(3) that during the
period of,.....,..........specified in the supervision order, I shall also
observe the following conditions.
(a) that I shall submit
myself to the supervision of the said Probation Officer or of any other officer
appointed in his place, and will obey his directions;
(b) that I shall neither
change my residence nor remove myself outside the jurisdiction of the Court
without informing the said Probation Officer and without the permission of the
Court;
(c) that 1 shall not
associate with bad characters and lead a dissolute life;
(d) that I shall live
honestly and peaceably and will endeavour to earn an honest livelihood;
(e) that I shall not
commit any offence punishable by any law in force in any part of India;
(f) that I shall abstain
from taking intoxicants; and
(g) that I shall carry
out such directions, as may from time to time be given to me by the said
Probation Officer for the due observance of the conditions mentioned above.
In
case of my making default in observing any of the conditions specified above, I
hereby bind myself to forfeit to Government the sum of Rupees
...............dated this.......day of..........19.........
Signature.
(Where
a bond with sureties is to be executed Add)
We
do hereby declare ourselves sureties for the abovenamed...................that
he will observe all the conditions specified in this bond and in case of his
making default therein, we bind ourselves, jointly and severally, to forfeit to
Government the sum of Rupees...................
Dated
this................day of.........19
Signature.
FORM III
[See Rule 15(3)]
[To be used by a Court While Passing
an Order under sub-section (3) of Section 4]
In
the Court
who
has this day been found guilty of an offence
(State
description of offence).
State
reasons for making an order under sub-section (3) of Section 4.
For
these reasons, I am satisfied that it is expedient to deal with the said person
by making an order under sub-section (1) of Section 4 of the Probation of
Offenders Act, 1958 (Act 20 of 1958) and I therefore hereby order that the bond
to be entered into by the said person under sub-section (1) of Section 4 of the
said Act shall contain a condition that the said person shall be under the
supervision of..............for a period of..............and the following
other conditions, namely.
(1) that he shall present
himself, within fourteen days from the date of this order before the said
Probation Officer......and shall produce before him copies of this order and
the bond executed by him;
(2) that he shall submit
himself to the supervision of the said Probation Officer or of any other
officer appointed in Ms place, and shall obey his directions;
(3) that he shall neither
change his residence nor remove himself outside the jurisdiction of the Court
without informing the said Probation Officer, and without the permission of
this Court;
(4) that he shall not
associate with bad characters or lead a dissolute life;
(5) that he shall live
honestly and peaceably and will endeavour to earn an honest livelihood;
(6) that he shall not
commit any offence punishable by any law in force in India;
(7) that he shall abstain
from taking intoxicants; and
(8) that he shall carry
out such directions, as may from time to time be given to him by the said
Probation Officer, for the due observance of the condition mentioned above
dated this.........day of...........19......
Signature
of Judge or Magistrate.
FORM IV
[See Rule 8(ix)]
Monthly report of the Probation Officer
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Name of the Probation Officer
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For the month of.............19
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Date............
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Probationer's Name.............
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Case No.
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Court.......................
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Place of interview
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Dates
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Home visits
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Dates
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(1)
Where is the Probationer residing and
with whom?
(2)
What work is he doing and what are his
monthly average earnings?
(3)
Saving kept in the Post Office Savings
Bank Account in his name.
(4)
Probationer's Health.
(5)
Remarks on his General conduct and
progress.
Probation
Officer
Probation
of Offenders Act.
No.......................
Place............... Date.............
Submitted
with respect to the Judicial Magistrate First Class...........
Court............
Copy
submitted with respect to the Chief Inspector of Certified Schools, Karnataka
State, Bangalore.