THE KERALA PROBATION OF OFFENDERS RULES, 1960

[1]THE KERALA PROBATION OF OFFENDERS RULES, 1960

PREAMBLE

In exercise of the powers conferred by Section 17 of the Probation of Offenders Act, 1958 (Act 20 of 1958), the Government of Kerala hereby makes the following rules namely:-

Rule - 1.

(a)      These rules may be called the Kerala Probation of Offenders Rules, 1960.

(b)      They shall come into force at once.

(c)      In these rules, the "Act" means the Probation of offenders Act (Central Act 20 of 1958).

"Form" means a form appended to these rules.

"Inspector-General" means the Inspector-General of Prisons.

"District Probation Officer" means the salaried probation officer in charge of the work of probation in the whole district or in a part of a district, as per jurisdiction prescribed from time to time.

"Honorary Probation Officer" means probation officer who is remunerated by allowance and not by salary or who works without  remuneration.

"Probation" means any offender in respect of whom supervision is required (or conjoined) by a supervision order.

Rule - 2.

The Inspector-General shall exercise general supervision over the administration of probation under the Act throughout the State.

Rule - 3.

Chief Probation Superintendent-Duties and functions;- A Chief Probation Superintendent shall be appointed by the State Government, and subject to the control and supervision of the Inspector-General, the Chief Probation Superintendent shall administer the work of probation throughout the State and shall direct, supervise and shall be responsible for the proper performance of the work of probation.

Rule - 4.

He shall submit to the Inspector-General twice yearly, on such dates as may be prescribed by the Inspector-General, report on the work and conduct of all probation officers.

Rule - 5.

He shall be responsible for the preparation and submission of an annual report on the working of the probation system and of such statics as may from time to time be prescribed by the Government or the Inspector-General.

Rule - 6. Probation officers.

(1)     The State Government shall appoint as many probation officers (salaried and honorary) in each district as may be deemed necessary.

(2)     The headquarters of a District Probation Officer shall ordinarily be the headquarters of the district, but the Inspector-General may in consultation with the District Magistrate concerned fix any other place as the head-quarters of the District Probation Officer.

(3)     The headquarters of other probation officers shall also be fixed by the Inspector-General in consultation with the District Magistrate concerned.

Rule - 7.

No person shall be appointed as an Honorary Probation officer unless he-

(a)      is not less than 30 and not more than 50 years of age at the time of first appointment;

(b)      is a person of good character and competent by his personality, training and education to influence for good an offender placed under his supervision;

(c)      is in a position to devote adequate time to the supervision of offenders;

(d)      resides in the district;

(e)      possesses, adequate education and be able to comprehend the provision of the Act and the Rules (additional qualification for showing preference being a degree or diploma in Social Science),

Rule - 8. Appointment of paid probation officers.

[2][(a) There shall be two grades of Probation Officers, Grade I and Grade II. Two-third of the posts of probation Officers Grade II shall be filled up by direct recruitment and one-third by promotion from this in the Jails Department. The order of rotation of appointment to the post of Probation officers Grade II shall be by direct recruitment through the Public Service Commission for the first and second appointments, and by promotion for the third appointment. Appointments to Grade I shall be made by transfer from among the District Probation Officers Grade II. The qualifications for Probation Officers Grade I and Grade II, shall be the same.)

[3](b) No person shall be appointed by direct recruitment as probation officer unless he possesses the following qualifications:

(1)     A degree (additional qualification for showing preference being a degree or diploma in Social Science, training or experience in correctional, educational, or welfare work);

(2)     ability to read and write Malayalam;

(3)     must not be above 30 years.

(c)   Every person appointed as a probation officer shall from the date of joining duty be on probation for a period of two years

(d)   Training:- Probation Officer on probation shall within the period of probation undergo training for three months under the Chief Probation Superintendent before taking up his duties.

(e)   Before undergoing training prescribed in rule 8(d), every candidate selected shall execute an agreement in proper form with two sureties binding himself or herself-

(1)     to undergo the training prescribed in rule 8 (d),

(2)     to serve the Probation Department for a period of not, less than three years, and

(3)     to refund to the State Government the entire amount drawn by him or her as pay and allowances during the period of training, if he or she fails to fulfill either of the conditions in Clauses (1) and (2).

(f)    The members of this branch of the service shall pass the probation test within the period of probation.

(g)   Probation officers are liable for transfer from one district to another and all transfers shall be made by the Inspector-General.

(h)   Every probation officer shall an appointment be furnished with an identity pass in Form V which shall be returned to the Inspector-General when the probation officer is placed under suspension or ceases to hold office.

(i)    The State Government may relax rule 8(b) in favour of any individual in special cases and also in the case of the officers already in service, if necessary.]

Rule - 9.

An honorary probation officer shall give at least three months notice in writing if he wishes to resign his appointment. If he is unable, owing to ill-health or other cause, to perform his duties, he shall at once report the fact to the Inspector-General and to all the courts concerned.

Rule - 10.

The Inspector-General shall immediately notify all courts concerned if any person ceases or is about to cease to be a probation officer.

Rule - 11.

Absence of probation officers on leave:-The District Magistrate may grant casual leave to all probation officers. All other leave shall be granted only by the Inspector-General on application being made to him through the Chief Probation Superintendent. Whenever a probation officer proceeds on casual leave due intimation should be given to the Chief Probation Superintendent at once.

Rule - 12. Duties of probation officers.

Preliminary enquiries-When directed by a court, a probation officer shall make preliminary enquiries including enquiries into the home surroundings, criminal record and social history of the offender in respect of whom the question of making an order under the Act may arise, and the circumstances under which the offence was committed. The court shall consult the report furnished by the probation officer only after finding the accused guilty. If the accused is not found guilty the court shall return the same to the probation officer concerned.

Rule - 13.

A report on the preliminary investigation shall be made in writing to the court concerned and shall contain such information as may, from time to time, be prescribed by the Chief Probation Superintendent or as the Inspector-General or as may be required by the court concerned.

Rule - 14.

Probation officer shall not divulge any information concerning their enquiries or probation work to any person other than the authorities to whom they are required to report, except in so far it is necessary to do so in the interest of any probationer.

Rule - 15.

Female probationer shall be placed under the supervision of a female probation officer.

Rule - 16.

A probation officer shall ascertain whether the probationer understands the condition of the order, and shall by warning and persuasion endeavour to ensure his observance of them. If the offender disregards any of the conditions, the probation officer shall report at hereinafter directed.

Rule - 17.

All probation officers shall, subject to any directions given by the court (whether in the supervision order or otherwise) or by the Chief Probation Superintendent, visit the house of the probationer and make enquiry as to his behaviour, mode of life and employment. The probation officer shall keep in close touch with the probationer and shall for the first month of probation meet him unless the court or the Chief Probation Superintendent otherwise directs, at least once a week. Afterwards the number of visits or meetings shall depend on the conduct and mode of life of the probationer, provided that in the case of probationers below 16 years of age such meetings or visits shall take place at least once a fortnight and in the case of others once a month.

Rule - 18.

In the case of school-going boys or children, the probation officer shall make enquiry about the boy or child from his teacher as to his attendance and progress, but the boy or child himself and not be visited in the school premises.

Rule - 19.

In the case of young probationers under 16 years of age, the probation officer shall endeavour to secure his connection with some organizations for the care and protection of the young, such as Sunday Schools, Clubs, Association of the Boy Scouts and Girls Guides and other similar organizations or institutions which are recognized by Government for the purpose and a subsidy as prescribed by Government from time to time shall be paid to such organizations or institutions.

Rule - 20.

(a)      (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.

(3) When a probation officer is of opinion that it is necessary or desirable for a probationer to reside in any institution or other premises referred to in sub-rules (1) and (2) on the ground that the probationer has no fixed abode or an abode suitable for due supervision, or that his home surroundings are not suitable for achieving the objects of probation, or that the objects of probation would be better served by his staying in such institution or premises, the probationer may be asked to reside there in.

(4) A 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, or in terms of the bond entered into by the probationer.

(b)      Such societies, which provide probation officers, probation homes, etc.. shall be paid a subsidy as prescribed by Government time to time.

(c)      The names of probation officers provided by such societies shall be intimated to the Chief Probation Superintendent and the District Probation Officer concerned.

Rule - 21.

(a)      Except for special reasons, the probation officer shall require the probationer to report to him at least once in two weeks, if the probationer, resides in a city or in a large town with a population of not less than 50,000 at the least census and once in a month if he resides in any other area. The time and place of reporting shall be so arranged as not to cause unnecessary hardship to the probationer and to secure proper privacy and avoid the mingling of probationers.

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

(a)      Social defence, including care, after-care, or aid to offenders or discharged prisoners and protection and training of reduced 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 CI. (a)

(2) Any society eligible under sub-rule (1) and desiring recognition shall make an application to the State Government, together with a copy of each of its rules, by-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 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 under take 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 Controlling Authority and see that the same are followed by the probation officers and the personnel of any institution or other premises referred to in sub-rules (1) and (2) of rule 20 (a); 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 recognized society may also get its recognition with drawn by the Stale Government after giving to it a notice of three months.

Rule - 22.

(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 specified date.

(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 Probation Superintendent to the District Magistrate or District Magistrates concerned and to the Chief Probation Superintendent.

(4)     Where the period of stay referred to in sub-rule (I) 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.

Rule - [22 A.

A District Probation Officer is authorised to incur travelling and other expenses in respect of probationers for purposes indicated in Col. (1) below at the rates noted in Col. (2) against the respective items in Col. (1)

Rule - 23.

A probation officer shall not unnecessarily disclose his identity or, functions to those with whom he may come in contact in the course of his duties.

Rule - 24.

A probation officer shall not wear any uniform or badge distinctive of his office.

Rule - 25. Report by probation officers.

When an offender is placed under the supervision of an honorary probation officer, by a court, he shall, without delay, send to the District Probation Officer, of his district a statement in Form I containing the particulars of the offender entrusted to him. The District Probation Officer shall, on receipt of the statement from the honorary probation officer, make necessary entry in his probation register.

Rule - 26.

A probation officer shall report on the conduct and mode of life of a probationer, and generally on his progress to the court before which the probationer is bound by his bond in accordance with any direction given by the court, and to the District Magistrate. Honorary Probation Officers shall in addition send a copy of this report to the District Probation Officer Their report to the court and the District Magistrate shall be sent through the District Probation Officer.

Rule - 27.

Reports shall be made, unless otherwise directed by the court, once in a month, they shall not be made in open court nor published.

Rule - 28.

If a probationer fails to observe any of the conditions of the bond or otherwise misbehaves, the probation officer shall at once report the matter to the court before which the probationer is bound by his bond and to the District Magistrate. An honorary probation officer shall send a copy of such report to the District Probation Officer.

Rule - 29.

The District Probation Officer shall send the following report to the Chief Probation Superintendent;

(1)     A half-yearly report on the conduct and progress of all probationers in his district;

(2)     a final report on the conduct and progress of each past action on the termination of the period for which a probationer is placed under supervision ;

(3)     such other reports as may be from time to time prescribed by the State Government.

Note:- The Inspector General or the Chief Probation Superintendent may in addition at any time call for special report on any probation.

Rule - 30. Records.

A probation officer-shall maintain the following records:

(1)     A diary showing his day-to-day work including preliminary inquiries, attendance at courts, visit to probationers and contact made in the advancement of probation work.

Note:- A copy of the diary should be submitted every week to the chief Probation Superintendent and to the District Magistrate.

(2)     A file containing copies of all reports of preliminary enquiries submitted to the courts.

(3)     A history-sheet in the prescribed form for each probationer record in all important events during the period of his probation.

(4)     An index card and chronological register.

(5)     Such other records as may be directed by the Inspector-General from time to time.

An honorary probation officer shall maintain a diary in which he should give a daily record of his work connected with probation. The diary shall be submitted at the end of each calendar year to the District Magistrate of his district through the District Probation Officer. The diary shall be open to inspection by the District Probation Officer, the Chief Probation Superintendent, the Inspector-General and the District Magistrate at any time in the course of the year.

Rule - 31.

The diary shall be closed on the 31st December of each year and thereafter be deposited as a confidential record with the Chief Probation Superintendent.

Rule - 32.

The history-sheet shall be maintained in the office of the District Probation Officer and probation officers shall make entries in them without delay. They shall be open to inspection by the District Magistrate, the Chief Probation Superintendent and the Inspector-General. After the expiry of the period of probation, they shall be kept as confidential records in the office of the District Probation Officer.

Rule - 33.

Each history sheet shall be preserved for not less than ten years from the date of the expiry of the supervision order to which it relates.

Rule - 34.

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 - 35.

The probation officer shall, in so far as it may be necessary for the due discharge of his duties, have access to the magisterial records of his cases at reasonable times only with the previous permission of the presiding officer. He may make notes of the recorded particulars and reports relating to his cases for use in the performance of his duties, but shall in no circumstances communicate the contents of the records to any person without specific sanction of the court.

Rule - 36.

Where any person is named by the Court under Section 13 (i)(c) of the Act as a probation officer, he shall observe the foregoing rules in regard to the duties reports and records of probation officer so far as they are applicable.

Rule - 37.

The Inspector-General shall submit to the Government by the 1st July of each year a report on the working of the Act for the year ending with the 31st March immediately preceeding, together with the following particulars:

(a)      Number of probation officers, paid and honorarily employed in each district, and the salary or remuneration and other expenses paid to each officer in each district:

(b)      the number of probationer placed under the supervision of probation officers in each district:

(c)      the number of persons who have been named as probation officers under section 13( 1) of the Act in each district, and the number of probationers placed under the supervision of such offices: and

(d)      such other particulars as may from time to time be prescribed by the State Government.

Note:- For the purpose of this rule the Inspector-General may call for the necessary particulars from courts and may also ask the presiding officers of courts to communicate to him their observations on the manner in which each probation officer is performing his/her duties.

Rule - 38.

(1)     The bonds to be executed under Section 4(1) of the Act shall be in Form II or in such other form as a court may determine.

(2)     The bond to be executed under Section 4(4) of the Act shall be in Form III or in such other form as the court may determine.

Rule - 39.

The supervision order shall be in Form IV and a copy of such order shall in each case be forwarded to the probation officer.

Rule - [40.

(a)      There shall be standing advisory Committee at the State level and one advisory committee in each District. The State Commit lees shall advise the Govt. on mailers of Policy and the efficient administration of the Act. It shall also help the Govt. to secure public co-operation. The District Committee shall review the implementation of the Act in the District and bring to the notice of Government any matters relating to policy or implementation of the Act.

(b)      The State Advisory Committee shall consist of:-

(1)     Registrar, High Court.

(2)     Secretary to Govt. Home Dept.

(3)     Inspector General of Police.

(4)     Director of Public Instruction.

(5)     Inspector General of Prisons.

(6)     Chief Probation Superintendent (Secretary)

(7)     The Minister for Home Affairs (Chairman) (Amendment as per G.O. MS 410/62/Home dated 30-07-'62) and three non official members appointed by Government.

(c)      The District Advisory Committee shall consist of :-

(1)     The District Magistrate (Chairman)

(2)     District Superintendent of Police

(3)     Municipal Chairman

(4)     District Educational Officer.

(5)     District Probation Officer (Secretary) and other three non-official members appointed by Government.

(d)      The term of office of the non-official members of the State Advisory Committee and the District Advisory Committee will ordinarily be 3 years. The committees shall meet at least once in six months and more often, if necessary.][5]

[6][Provided that the Government may, if they so desire, terminate the appointment of all or any of the non-official members at any time during the said term for reasons to be recorded in writing.