|BOMBAY HABITUAL OFFENDERS ACT, 1959|
BOMBAY HABITUAL OFFENDERS ACT, 1959
61 of 1959
26th October, 1959
An Act to make better provision for the treatment and training of habitual offenders and for certain other matters WHEREAS it is expedient to make better provision for the treatment and training of habitual offenders and for certain other matters; It is hereby enacted in the Tenth Year of the Republic of India as follows
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Bombay Habitual offenders Act, 1959.
(2) It extends to the whole of the 2[State of Maharashtra].
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint.
SECTION 02: DEFINITIONS
In this Act unless the context otherwise requires,"
(a) "Code" means the Code of Criminal Procedure, 1898 ;
(b) "corrective settlement" means any place established, approved or certified as a corrective settlement under section 14;
(c) "district" includes Greater Bombay ;
(d) "District Magistrate" " (i) in Greater Bombay, means the Commissioner of Police, (e) "habitual offender" means any person who, since his attaining the age of eighteen years,"
(i) during any consecutive period (whether before or after the commencement of this Act, or partly before and partly after such commencement) of five years, has been sentenced on conviction, on not less than three occasions, to a substantive term of imprisonment for one or more of the scheduled offences committed on separate occasions, being offences which are not so connected together as to form parts of the same transaction, and
(ii) such sentence has not been reversed in appeal or revision:
in computing the consecutive period of five years aforesaid, any period spent in jail either under a sentence of imprisonment or under detention shall not be taken into account;
(f) "prescribed" means prescribed by rules made under this Act ;
(g) "registered offender" means a habitual offender registered or re-registered under this Act ;
(h) "scheduled offence" means an offence specified in the Schedule or an offence analogous thereto ;
(i) "Superintendent of Police" in Greater Bombay means any officer appointed by the State Government to perform the duties of a Superintendent of Police under this Act.
SECTION 03: POWER OF STATE GOVERNMENT TO DIRECT REGISTRATION OF HABITUAL OFFENDERS
The State Government may direct the District Magistrate to take a register of habitual offenders within his district, by entering therein the names and other prescribed particulars of such offenders.
SECTION 04: PROCEDURE FOR PREPARING A REGISTER OF HABITUAL OFFENDERS
For the purpose of carrying out the direction given under section 3, the District Magistrate or any officer appointment by him in this behalf shall, by notice in the prescribed form to be served in the prescribed manner, call upon every habitual offender in the district-
(a) to appear before him at a time and place specified in the notice ;
(b) to furnish such information as may be necessary to enable him to enter the name and other prescribed particulars of the habitual offender in the register ; and
(c) to allow the finger and palm impressions, foot-prints and photographs of the habitual offender to be taken :
the name and other prescribed particulars of a habitual offender shall not be entered in the register, unless he has been given reasonable opportunity of showing cause why such entry should not be made.
SECTION 05: CHARGE OF REGISTER AND ALTERATIONS THEREIN
(1) The register shall be placed in the keeping of the Superintendent of Police of the district who shall, from time to time, report to the District Magistrate any alterations which ought, in his opinion to be made therein.
(2) After the register has been placed in the keeping of the Superintendent of Police, no fresh entry shall be made in the register, nor shall any entry be cancelled except by or under, an order in writing of the District Magistrate.
SECTION 06: POWER TO TAKE FINGER AND PALM IMPRESSIONS, FOOTPRINTS AND PHOTOGRAPHS AT ANY TIME
The District Magistrate, or any officer appointed by him in this behalf may at any time order the finger and palm impressions, foot-prints and photographs, of any registered offender to be taken.
SECTION 07: REGISTERED OFFENDERS TO NOTIFY CHANGE OF RESIDENCE AND TO REPORT THEMSELVES
(1) Every registered offender shall notify to such authority, and in such manner as may be prescribed, any change or intended change of his ordinary residence:
where such offender changes, or intends to change, his ordinary residence to another district (whether within the State or not) he shall notify the change or intended change to the District Magistrate.
(2) The District Magistrate may, by order in writing, direct that any registered offender shall-
(a) report himself once in each month, or where the District Magistrate for reasons specified in the order so directs, more frequently, to such authority, and in such manner, as may be specified in the order, and
(b) notify any absence or intended absence from his ordinary residence to the aforesaid authority :
the District Magistrate may exempt any such offender from notifying any absence or intended absence from his ordinary residence for such period, and under such conditions, as to him appear reasonable.
SECTION 08: PROCEDURE BY DISTRICT MAGISTRATES ON CHANGE OF RESIDENCE OF HABITUAL OFFENDER TO OTHER DISTRICT
(1) Where any registered offender changes his ordinary residence to another district within the State, the District Magistrate of the district in which the offender is registered shall inform the District Magistrate of the other district of such change, and at the same time furnish him with the name and other particulars relating to the registered offender in the register.
(2) On receipt of such information, the District Magistrate of the other district shall enter in his register the name and other particulars of the registered offender furnished to him, and inform the District Magistrate of the first district of such registration, and thereupon such District Magistrate shall cancel from his register the entry relating to that offender:
where a registered offender changes his ordinary residence to another district outside the State, the District Magistrate of the first district shall, while furnishing the District Magistrate of the other district with the name and other particulars of the registered offender, make a request to that District Magistrate that he may be informed of the steps, if any, which may have been taken in relation to the offender under any law for the tune being in force in that other district; and upon the receipt of such information the District Magistrate of the first district shall cancel from his register the entry relating to that offender.
(3) Upon the entry of the name and other particulars of a registered offender in any register in the State under sub-section (2), the provisions of this Act and the rules made thereunder shall apply to him as if he has been registered, in pursuance of a direction given under section 3, in the register of the district to which he has changed his ordinary residence.
SECTION 09: DURATION OF REGISTRATION AND RE-REGISTRATION OF HABITUAL OFFENDER
(1) Subject to the provision of sub-section (3), the registration of a habitual offender under this Act shall, unless earlier cancelled, cease to be in force on the expiry of five years from the date of such registration, and on such cancellation or expiry the habitual offender shall cease to be a registered offender.
(2) Notwithstanding the cancellation, or expiry of duration, of registration a habitual offender may be re-registered in accordance with the provisions of this Act relating to registration, as often as he is convicted of one or more of the scheduled offences at any time after such cancellation, or expiry; and subject to the provisions of sub-section (3), the re-registration shall, unless earlier cancelled, cease to be in force on the expiry of five years from the date of such re-registration.
(3) Where a registered offender is, during the period of registration or re-registration, convicted of one or more of the scheduled offences and sentenced to a substantive term of imprisonment, the duration of registration or re-registration, shall be extended for a period of five years from the date of his release from such imprisonment.
SECTION 10: RIGHT TO MAKE REPRESENTATION AGAINST RE-REGISTRATION ETC
(1) Any person aggrieved by the registration or re-registration of his name under section 4, or as the case may be, section 9 or an order under sub-section (2) of section 7, may within the prescribed period make a representation to the State Government against such registration, re- registration or order.
(2) The State Government shall, after considering the representation, and giving the aggrieved person an opportunity of being heard, either confirm or cancel the registration, re-registration or order, as the case may be, and shall in the case of confirmation record a brief statement of the reasons therefor.
SECTION 11: POWER TO RESTRICT MOVEMENTS OF REGISTERED OFFENDERS
(1) If in the opinion of the State Government it is necessary or expedient in the interests of the general public so to do, the State Government may, subject to the provisions of sub-section (4), by order direct that any registered offender shall be restricted in his movements to such area, and for such period not exceeding three years, as may be specified in the order.
(2) Before making any such order the State Government shall take into consideration the following matters, that is to say ,"
(a) the nature of the offences of which the registered offender has been convicted, and the circumstances in which the offences were committed;
(b) whether a registered offender follows any lawful occupation, and whether such occupation is conducive to an honest and settled way of life and is not merely a pretence for the purpose of facilitating the commission of crime;
(c) the suitability of the area in which his movements are to be restricted; and
(d) the manner in which the registered offender may earn his living within the restricted area, and the adequacy of arrangements which are, or are likely to be available therefor.
(3) A copy of the order shall be served on the registered offender in the prescribed manner.
(4) The period specified in an order under sub-section (1) shall in no case extend beyond the period of registration or re-registration, as the case may be, referred to in section 9.
SECTION 12: POWER TO CANCEL OR ALTER RESTRICTIONS OF MOVEMENTS
The State Government may, by order, cancel any order made under section 11, or alter any area specified in an order under that section: Provided that before making such order, the State Government shall consider the matters referred to in sub-section (2) of section 11 in so far as they may be applicable.
SECTION 13: POWERS UNDER SECTIONS 11 AND 12 ALSO EXERCISABLE BY CERTAIN MAGISTRATES
(1) Subject to the provisions of sub-section (3), the powers of the State Government under sections 11 and 12 may be exercised also by a Magistrate having power to act under section 110 of the Code, but without prejudice to the exercise of his powers under that section of the Code.
(2) A Magistrate acting under section 11 or 12 shall follow, as nearly as may be, the procedure laid down in sections 112, 113, 114, 115 and 117 of the Code for an order requiring security for good behaviour:
the order in writing referred to in section 112 of the Code shall, in addition to setting forth the substance of the information received, state the term, not exceeding three years, during which the order of restriction shall be in force.
(3) Where the State Government has already made an order under section 11 in respect of a habitual offender, the Magistrate shall not exercise any powers conferred by this section in respect of the same habitual offender, during any period in which the order of the State Government is in force.
SECTION 14: ESTABLISHMENT OF CORRECTIVE SETTLEMENTS
(1) For the purpose of placing therein such habitual offenders as are directed to receive corrective training under this Act, the State Government may, by notification in the Official Gazette, establish and maintain in the State as many corrective settlements as it thinks fit.
(2) The State Government may also approve or certify any privately managed institution (whether known as a settlement or otherwise) as a corrective settlement for the purposes of this Act.
SECTION 15: POWER TO DIRECT HABITUAL OFFENDERS TO RECEIVE CORRECTIVE TRAINING
(1) Where the State Government is satisfied from the report of the District Magistrate or otherwise, that it is expedient with a view to the reformation of a registered offender and the prevention of crime, that the registered offender should receive training of a corrective character for a substantial period, the State Government may by order in writing direct that the registered offender shall receive training of a corrective character for such period not exceeding the duration of his registration or re-registration, as may be specified in the order.
(2) Where a habitual offender, who is not more than forty years of age,"
(a) is convicted of any offence punishable with imprisonment, or
(b) is required in pursuance of section 110 of the Code to execute a bond for his good behaviour, and the Court or the Magistrate is satisfied from the evidence in the case and other materials on record that it is expedient with a view to his reformation and the prevention of crime, that he should receive training of a corrective character for a substantial period, the Court or the Magistrate may, in lieu of sentencing him for such offence or, as the case may be, requiring him to execute such bond, direct that he shall receive corrective training for such term of not less than two nor more than five years, as the Court or the Magistrate may determine.
(3) Before giving any direction under sub-section (1) or sub-section (2) the State Government, the Court or the Magistrate, as the case may be, shall
(a) consult the officer prescribed on the capacity of the corrective settlements to receive the habitual offender,
(b) take into consideration the physical and mental condition of the offender, and his suitability for receiving corrective training in a corrective settlement, and
(c) give a reasonable opportunity to the offender to show cause why such direction should not be given.
(4) A habitual offender, in respect of whom a direction to receive corrective training has been made, shall be placed in a corrective settlement for the term of his training ; and while in such settlement shall be treated in such manner and receive such training as may be prescribed.
SECTION 16: POWER TO TRANSFER OR DISCHARGE FROM A CORRECTIVE SETTLEMENT
The State Government, or any officer authorised by it in this behalf, may at any time by order in writing direct any habitual offender who may be in a corrective settlement to be transferred to another corrective settlement or to be discharged therefrom ; and accordingly he shall be so transferred or, as the case may be, discharged.
SECTION 17: POWER FOR FAILURE TO COMPLY WITH CERTAIN PROVISIONS OF THE ACT
A habitual offender who without lawful excuse, the burden of proving which shall lie upon him,"
(a) fails to appear in compliance with a notice issued under section 4, or
(b) intentionally omits to furnish any information required under that section, or furnishes as true any information which he knows, or has reason to believe, to be false or does not believe to be true, or
(c) refuses to allow his finger and palm impressions, palm-prints and photographs to be taken by any person acting under an order passed under section 6, or
(d) fails to comply with the provisions of sub-section (1) of section 7 or with an order of the District Magistrate under sub-section
(2) thereof or with an order under section 11, may be arrested without warrant, and shall be punished "
(i) on first conviction, with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees, or with both and
(ii) on a second and subsequent conviction, with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees, or with both :
, if the Court, after taking into consideration the offender's age and physical and mental condition and his suitability for receiving training of a corrective character in a corrective settlement, is satisfied that it is expedient with a view to his reformation and the prevention of crime, that he should receive training of a corrective character for a substantial period the Court may, in lieu of sentencing the offender to any punishment under this section, direct, after giving him an opportunity of showing cause (and after consulting the officer prescribed on the capacity of the corrective settlements to receive him) that he shall receive corrective training in a corrective settlement for such term not exceeding three years, as it may determine.
SECTION 18: ARREST OF PERSONS FOUND OUTSIDE RESTRICTION AREA OF CORRECTIVE SETTLEMENT
If any person "
(a) is found outside the area to which his movements have been restricted in contravention of the conditions under which he is permitted to leave such area or
(b) escapes from any corrective settlement in which he is placed, he may be arrested without warrant by a police officer, police patil or village watchman and taken before a Magistrate who, on proof of the facts, may order him to be removed to such area or to such corrective settlement, there to be dealt with in accordance with this Act and the rules made thereunder.
SECTION 19: ENHANCED PUNISHMENT FOR CERTAIN PREVIOUSLY CONVICTED PERSONS
(1) Whoever, being a person in respect of whom a direction has been made under section 11 or section 15, and having been convicted of any of the scheduled offences falling under Part I of the Schedule, is convicted of the same or of any other scheduled offence falling in that Part shall, on conviction, be punished with imprisonment for life and with imprisonment for a term which may extend to ten years.
(2) Nothing in this section shall affect the liability of such person to any further or other punishment to which he may be liable under the Indian Penal Code or any other law.
SECTION 20: PUNISHMENT FOR CERTAIN REGISTERED OFFENDERS FOUND UNDER SUSPICIOUS CIRCUMSTANCES
Whoever, being a person in respect of whom a direction has been made under section 11 or section 15, is found in any place under such circumstances as to satisfy the Court "
(a) that he was about to commit, or aid in the commission of, theft or robbery, or
(b) that he was making preparation for committing theft or robbery, shall, on conviction, be punished with imprisonment for a term which may extend to three years, and shall also be liable to a fine which may extend to one thousand rupees.
SECTION 21: PENALTY FOR FAILURE TO ARREST A HABITUAL OFFENDER
If a police patel or a village watchman having an opportunity to arrest any person under section 18, fails to arrest him in circumstances which are not beyond his control, he shall on conviction be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees, or with both.
SECTION 22: BAR OF JURISDICTION
No Court shall question the validity of any direction or order issued under this Act.
SECTION 23: BAR OF LEGAL PROCEEDINGS
No suit, prosecution or other legal proceedings shall lie against the State Government or any person for anything which is in good faith done or i ntended to be done under this Act.
SECTION 24: POWER TO DELEGATE
The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act except the power under section 25 may also be exercised subject to such conditions (if any) as may be specified in the notification, by such officer not below the rank of a District Magistrate as may be specified therein.
SECTION 25: POWER TO MAKE RULES
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:"
(a) the form of notice under section 4 and the manner in which such notice may be served ;
(b) the form of the register of habitual offenders and the particulars to be entered therein ;
(c) the authority to whom and the manner in which any change or intended change of ordinary residence shall be notified under subsection
(1) of section7 ;
(d) the nature of restrictions to be observed by registered offenders whose movements have been restricted ;
(e) the grant of certificate of identity to registered offenders and inspection of such certificates ;
(f) the conditions under which the offenders may be permitted to leave the area to which their movements have been restricted or the corrective settlements in which they have been placed ;
(g) the terms upon which offenders may be discharged from corrective settlements;
(h) the working, management, control and supervision of corrective settlements including the discipline and conduct of persons placed therein;
(i) the conditions for, and the manner of, approving or certifying privately managed settlements;
(j) the appointment of non -official visitors for corrective settlements;
(k) the conditions and circumstances under which members of the family of a habitual offender may be permitted to stay with him in a corrective settlement;
(l) the periodical review of the cases of all persons whose movements have been restricted or who are placed in corrective settlements under this Act;
(m) any other matter which is to be or may be prescribed under this Act.
(3) In making rules under this Act the State Government may provide that a contravention of any of the rules shall be punishable with fine which may extend to one hundred rupees.
4[(4) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, have effect only in such modified form or be of no effect, as the case may be ; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.]
SECTION 26: SAVINGS
Nothing in this Act shall affect the powers of any competent authority under any other law for the time being in force to make an order of restriction or detention, and any order passed or direction made under this Act in so far as it conflicts with any order made by a competent authority under such law shall be deemed to be inoperative while the order under such law remains in force.
SECTION 27: REPEAL AND SAVINGS
On the commencement of this Act, the following Acts, that is to say,"
(1) the Bombay Habitual Offenders Restriction Act, 1947,
(2) the Hyderabad Habitual Offenders (Restriction and Settlement) Act, 1954, and
(3) the Saurashtra Habitual Offenders Restriction Act, 1951 shall stand repealed :
such repeal shall not affect "
(a) the previous operation of any Act so repealed, or anything duly done or suffered thereunder;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed ;
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed ;
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed :
Provided further that
, subject to the proceeding proviso, anything done or any action taken (including orders or rules made, notices issued and settlements established or approved) under any Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, and shall continue in force accordingly unless and until superseded by anything done or any action taken under this Act.
MAHARASHTRA HABITUAL OFFENDERS RULES, 1960
24th December, 1960
In exercise of the powers conferred by Section 25 of the Bombay Habitual Offenders Act, 1959 (Bom. LXI of 1959), the Government of Maharashtra hereby makes the following rules, namely
RULE 01: SHORT TITLE
These rules may be called the Maharashtra Habitual Offenders Rules, 1960.
RULE 02: DEFINITIONS
In these rules, unless there is anything repugnant in the subject or context "
(a) "Act" means the Maharashtra Habitual Offenders Act, 1959 ;
(b) "Authorised officer" means any officer authorised by the State Government under Section 16 ;
(c) Form" means a form appended to these rules ;
(d) "Order of restriction of report" means an order made under Section 11 requiring a person to restrict his movements to any area ;
(e) "Order of restriction of report" means an order made under sub-section (2) of Section 7 requiring a person to report himself to the authority specified therein;
1[(f) "Director of Correctional Services" or "Deputy Director of Correctional Services" means an officer appointed as such by the State Government for the Settlement];
(g) "Registered person" means a registered offender in respect of whom an order of restriction has been made;
(h) "Section" means a section of the Act;
(i) "Settler" means a registered offender or a habitual offender ordered by the State Government, the Court or the Magistrate under Section 15 to be placed in a corrective settlement;
(j) "Superintendent" means a Superintendent of a Corrective Settlement;
(k) Words and expressions used but not defined in these rules shall have the meanings assigned to them in the Act.
RULE 03: NOTICE IN FORM A
A notice under Section 4 shall be in Form 'A'. It may be served by any officer or servant working under the control of the District Magistrate or any officer appointed by him for the purposes of Section 4 by giving or tendering it to the person to whom it is addressed.
RULE 04: REGISTER OF HABITUAL OFFENDERS
The register of habitual offenders for each district shall be maintained in Form 'B'.
RULE 05: REGISTERED OFFENDER SHALL NOTIFY CHANGE OF ADDRESS
Every registered offender shall notify any change or intended change of his ordinary residence by reporting in person to the Officer in charge of the Police Station within whose jurisdiction he is residing and also the village police patel if he is residing in a village. When making the report for change or intended change of residence he shall notify the location of his intended new residence and the day on which he proposes to move to such residence.
RULE 06: REPRESENTATION TO THE STATE GOVERNMENT
Any habitual offender aggrieved by the registration or re-registration of his name under Section 4, or as the case may be, under Section 9 or by an order under sub-section (2) of Section 7, may within one month2[from the date of receipt by him of the intimation of the registration, re-registration or, as the case may be, the order] make a representation to the State Government against such registration, re-registration or order.
RULE 07: COPY OF THE ORDER
A copy of the order made under sub-section (1) of Section 1 1 shall be served on the registered offender in the manner provided in Rule 3.
RULE 08: REGISTERED OFFENDER TO REPORT TO THE POLICE AUTHORITIES DURING SPECIFIED HOURS
(1) Every registered offender in respect of whom an order of restriction of report has been made shall, unless otherwise directed by the Order, report himself between the hours of 7 and 9 p.m. to the Police Patel of the village or the Officer in-charge of the Police
Station within whose jurisdiction he resides "
(i) for the first six months commencing on the date of the order of restriction, on every day,
(ii) for the next six months, at an interval of not more than 4 days, and
(iii) for the remaining period, at an interval of not more than 10 days:
if during any of the periods mentioned above, such offender,
(a) is convicted of any non -bailable offence, or
(b) is reasonably suspected in Greater Bombay by the Commissioner of Police and elsewhere by the District Magistrate concerned for reasons to be recorded in
writing of having been concerned in the commission of non -bailable offence, he shall report himself in the manner prescribed in clauses (i), (ii) and (iii) for the full periods mentioned therein, beginning in the case mentioned in clause (a) with the date of the expiry of the sentence, and in the case mentioned in clause (b) with such date as the Commissioner of Police or the District Magistrate, as the case may be, may direct.
(2) If such offender is a female, she may, if she so desires cause the required report to be made by any male relative. She shall not, however, hereby be exempted from any penalty to which she may be liable if such report is proved to be not true.
(3) The place of report shall unless otherwise directed by the order of restriction of report, be such as the Commissioner of Police in Greater Bombay and the District Magistrate elsewhere may by general or special order direct, provided that if such offender resides outside the radius of two miles from the place appointed by the District Magistrate, he shall report himself to such person as the District Superintendent of Police may direct.
RULE 09: NOTICE IN FORM BB AND SPECIAL ROLL CALL
3[(1) Any Police Officer not below the rank of a Sub-Inspector4[may at any time after issuing a notice in Form 'BB' hold] a special roll call of all restricted persons residing within his jurisdiction and it shall be the duty of each such person to attend and answer to his name when the roll call is held.
3[(2) The notice under sub-rule(l) may be served by the Police Patel of the village or any officer or servant working under the control of the officer issuing such notice who shall obtain the signature of the restricted person on the duplicate copy of the notice in token of his having received the same and make a report to that effect to the officer issuing the notice before the roll call is held.
(3) The roll call shall be held within the area to which the movements of such persons have been restricted and at such place as is not more than five miles away from the residence of any such person.]
RULE 10: INTIMATION BY THE REGISTERED OFFENDER WHEN HE INTENDS TO ABSENT HIMSELF FROM HIS RESIDENCE
(1) When any registered offender in respect of whom an order of restriction of report has been made intends to absent himself from his residence for one or more nights, he shall notify his intended absence "
(a) if he is residing in a village "
(i) to the Police Patel of the village, when the period of intended absence does not exceed seven days;
(ii) to the Police Patel of the village and the Officer -in- Charge of the Police Station concerned when the period of intended absence exceeds seven days ;
(b) if he is residing in a place other than a village to the Officer - in -Charge of the Police Station within whose jurisdiction he is residing.
(2) Such Offender shall, at every place where he halts for the night, notify to the village Police Patel or in the case of a town to the Officer-in -
Charge of the Police Station his arrival and departure from that place as also the place to which he next intends to proceed and halt for the night.
(3) On arrival at his destination such offender shall report himself to the village Police Patel or in the case of a town to the Officer-in -Charge of the
Police Station concerned.
(4) For recording the temporary absence of such offender temporary absence form as in Form 'C' shall be used. The village Police Patel may issue this absence form when the registered offender is residing in a village and when the period does not exceed 7 days and in no other cases the form shall be issued by the Officer-in -Charge of the Police Station concerned.
RULE 11: DOMICILIARY VISIT BY THE POLICE PATEL OR THE OFFICER-IN- CHARGE OF THE POLICE STATION
When a registered offender in respect of whom an order of restriction of report has been made fails to report himself as specified in the order or as laid down in Rule 8 it shall be competent for the Police Patel of the village in case such offender is residing in a village or in other case for the Officer-in-Charge of the Police Station, within whose jurisdiction such offender is residing, to pay a domiciliary visit by day or night to verify the presence of the registered offender in his place of residence. It shall then be the duty of such offender if he is present, to appear personally before the Police Patel or such officer, as the case may be or in the case of physical unfitness to appear otherwise to satisfy the Police Patel or such officer of his presence.
RULE 12: TIME OF RESTRICTION OF MOVEMENTS
The area to which the movements of a registered offender in respect of whom an order of restriction of movements has been made shall, unless otherwise directed by the order, be "
(a) if the place of his residence is in Greater Bombay the area of the Police Station in whose jurisdiction he resides, from 9-00 p.m. to 5-00 a.m. and the limits of Greater Bombay from 5-00 a.m. to 9-00 p.m.
(b) if the place of his residence is in a village, the limits of the village from 9-00 p.m. to 5-00 a.m. and the limits of Police Station from 5-00 a.m. to 9-00 p.m.
(c) if the place of residence is in a town, the limits of the town.
RULE 13: REGISTERED OFFENDER SHALL NOT LEAVE OR BE ABSENT FROM THE LIMITS OF THE AREA TO WHICH HIS MOVEMENTS HAVE BEEN RESTRICTED
A registered offender in respect of whom an order of restriction of movement has been made shall not leave or be absent from the limits of the area to which his movements have been restricted, without having obtained a pass in Form 'D' in the manner laid down in Rule 14:
where the area of restriction is smaller than the area of the Police Station within which it is situated nothing contained in this rule shall be deemed to render it illegal for a restricted person to quit the limits of that area for the purpose of appearing at the Police Station within the limits of which he is residing or before any Court in obedience to any process of the Court or before any Court having jurisdiction to complain of an offence affecting himself or his family or to apply for a pass under the rules:
Provided further that
such person shall before leaving the area give notice to the Police Patel of his village or the Officer -in -charge of the Police Station and shall proceed straight to the Police Station or the Court, as the case may be.
RULE 14: PASS IN FORM 'D' FOR MOVEMENT OUT OF THE AREA RESTRICTED
(1) That Police Patel of the village in which a restricted person resides may grant to such person a pass in Form 'D' authorising him to leave the area to which his movements have been restricted for one day between the hours of sunrise and sunset.
(2) The Officer-in-charge of the Police Station within whose jurisdiction a restricted person resides may on due cause being shown grant to such person leave of absence not exceeding 15 days and issue the pass.
(3) In Greater Bombay the Commissioner of Police and elsewhere the District Superintendent of Police concerned may grant a restricted person leave of absence for any period exceeding 15 days and issue the pass.
(4) Any pass granted under this rule shall be drawn up in triplicate and each part be signed by the officer granting the leave. One part shall be retained by such officer, the second shall be given to the restricted person to whom leave has been granted and the third shall be sent to the Officer-in- charge of the Police Station within the limits of which the destination of the holder of the pass lies.
RULE 15: ROUTE FOR TRAVEL TO THE DESTINATION AND RETURN RESTRICTED
(1) A restricted person who obtains leave of absence under Rule 14 shall travel to his destination and return to his residence by the route specified in the pass. He shall have the time and date of his arrival endorsed on the pass by the Police Patel of the village of the destination or if the destination be a town by the Officer-in-charge of the Police Station concerned.
(2) During the time such person is on leave he shall report himself every evening to the Police Patel of the village or the Officer-incharge of the Police Station within whose jurisdiction he happens to be and while at destination, he shall report himself to the
Officer-in-charge of the Police Station and produce his pass for endorsement.
(3) Such person shall not overstay the period of leave.
(4) During the period of residence at his destination such person shall not be absent from his residence at any time between sunset and sunrise or go beyond the limit of 5 miles from his residence during day time.
(5) Before returning to his residence such person shall have the time and date of departure endorsed on the pass by the Police Patel or the Officer concerned and on his return to his residence shall deliver up the pass to the Officer-in-charge of the Police Station or the village Police Patel through whom he received it. Such pass, if originally issued by the Commissioner of Police or the District Superintendent of Police shall be forwarded to him by the Officer-in-charge of the Police Station.
RULE 16: CANCELLATION OF THE PASS GRANTED
A pass granted under Rule 14 may at any time be withdrawn by the authority granting it and the leave granted shall thereby be canceled.
RULE 17: EXEMPTION FROM REPORTING AT INTERVALS AND FROM TAKING PASSES FOR LEAVE OF ABSENCE
(1) Exemption from reporting at intervals and from taking passes for leave of absence may be granted to any restricted person by the Commissioner of Police or the District Magistrate if he is satisfied on enquiry that such person has shown a marked improvement and given unmistakable evidence of good conduct and sustained industry in earning his livelihood and has not been reasonably suspected of committing a non-bailable offence. In any area outside Greater Bombay such exemption shall be intimated to the District Superintendent of Police concerned.
(2) The case of every restricted person shall be reviewed by the Commissioner of Police or the District Magistrate or other officer authorised in this behalf for the purpose of such exemption after a year from the date of the order of restriction and every six months thereafter.
RULE 18: CERTIFICATE OF IDENTITY IN FORM 'E'
Every restricted person who has been exempted in accordance with the provision of Rule 17 shall be granted by the Commissioner of Police or the District Superintendent of Police, as the case may be, a certificate of identity in Form 'E' specifying the nature of exemption granted.
RULE 19: PERMANENT PASS IN FORM 'F'
In Greater Bombay the Commissioner of Police and elsewhere the District Superintendent of Police concerned may issue to any restricted person a permanent pass in Form 'F', specifying the days and the hours during which such person may visit the nearest bazar or market place outside the area to which his movements have been restricted, for making purchases or sales.
RULE 20: GENERAL CONTROL OF SETTLEMENTS
The general control of all settlements shall vest in the 5[Director of Correctional Services] who may be assisted by the6[Deputy Director of Correctional Services]
RULE 20A: DIRECTOR OF CORRECTIONAL SERVICES
7The officer for the purpose of clause (a) of sub-section (3) of Section 15 of the Act shall be the8[Director of Correctional Services, Maharashtra State, Poona].
RULE 21: SETTLEMENT SHALL BE UNDER THE SUPERVISION OF SUPERINTENDENT
Every settlement shall be under the supervision of a Superintendent and the Superintendent shall be responsible for the enforcement of these rules, for the administration of the settlement and the general welfare of the settlers.
RULE 22: VISITS OF SETTLEMENTS IN EVERY SIX MONTHS AND CONDUCT INSPECTION
8[Director of Correctional Services or the Deputy Director of Correctional Services] nominated by the Director shall be responsible to visit the settlements under their control once in every six months and conduct inspection.
RULE 23: SEPARATE SECTION IN EACH SETTLEMENT AND RESTRICTION ON VISITS
(1) Separate sections shall be provided in every settlement for the following type of settlers:"
(i) for single male settlers ;
(ii) for single female settlers, and
(iii) for settlers belonging to the same family. Separate settlements shall also be provided on the basis of types and intensity of the criminal behaviour.
(2) Settlers of one type shall not be allowed to visit another type or section of the same 'settlement nor settlers of one settlement shall be allowed to visit another settlement.
RULE 24: SUITABLE ENGAGEMENT TO THE OLD AND PHYSICALLY INFIRM
Every settler shall, unless he is by old age, physical infirmity or illness unfit for manual labour, be employed on some kind or labour of industry of work suited to his physical condition as may be approved for each settlement by the8[Director of Correctional Services].
RULE 25: SUPERINTENDENT TO ENSURE SUFFICIENT MEANS OF SUBSISTENCE FOR THE SETTLERS
The superintendent in charge of a settlement shall satisfy himself that every settler residing in the settlement is provided with sufficient means of subsistence and he shall report forthwith to the8[Director of Correctional Services] if there is any difficulty in this respect.
RULE 26: PAYMENT OF A SUBSIDY DURING APPRENTICESHIP OF 200 DAYS
(1) In an industrial settlement every settler shall be paid during the period of his apprenticeship of 200 days from the date of his admission subsidy amount sufficient for his maintenance or diet according to scale, and taught some trade provided in the settlement.
(2) The 10[Director of Correctional Services] may in respect of any settler increase the apprenticeship period up to 300 days.
(3) On the expiry of the apprenticeship period the settler shall be given work as far as possible on the contract system of payment by piece work, the worker being paid at least 3/4 of the estimate value of the work done by him.
(4) Notwithstanding anything contained in this rule the Superintendent may, either during the apprenticeship period or thereafter, employ any settler on any remunerative job with which the settler is familiar such as mill work or work under private contractors.
RULE 27: SAVING FROM THE EARNING
When a settler earns in a settlement more money, than is necessary for his maintenance, the Superintendent may deposit the surplus, from time to time, in Savings Bank account opened in the name of such settler. When an account of this nature has been opened, the pass book shall be made over to the depositor who shall produce it whenever called upon by the Department Officers for inspection or for the purpose of making further deposits.
RULE 28 PROVISION FOR CLOTHING AND BEDDING ON ADMISSION AT GOVERNMENT COST
Every settler be provided at Government cost a set of clothings and bedding once only on admission according to the sanctioned scale. At the discretion of the10[Director of Correctional Services] a settler may be supplied clothing and bedding a second time if the settler is unable to purchase them on account of his physical or mental disability.
RULE 29: SETTLER SHALL NOT LEAVE THE LIMITS OF THE SETTLEMENT WITHOUT A PASS
Unless exempted under sub-rule (3) of Rule 30 no settler shall leave the limits of the settlement without a pass. The limits of the settlement shall be such as may be specified by the10[Director of Correctional Services.]
RULE 30: PASS IN FORM 'C' AND ITS LIMITATIONS
(1) A pass in Form 'C' permitting the settler to proceed to any place in the State may be granted by the Superintendent for a period not exceeding two months, subject to such restrictions as may be imposed by the10[Director of Correctional Services.]
(2) A pass to proceed to any place for any specific period may be granted to any settler by the10[Director of Correctional Services.]
(3) The10[Director of Correctional Services] may in special circumstances exempt any settler from taking a pass for proceeding to any place.
RULE 31: OBLIGATIONS ON THE PASS HOLDER SETTLER TO NOTIFY HIS ARRIVAL
A settler using a pass granted under Rule 30 shall notify his arrival immediately to the authority specified in the pass in the village, town or settlement at which he has arrived and shall thereafter report at such times and places as shall have been specified in the pass.
RULE 32: DUTY TO ATTEND ROLL CALL DAILY
Except when absent on a pass granted under Rule 30 or when exempted from the roll call by the11[Director of Correctional Services] every settler shall attend the roll call held daily at such time or times as may be fixed by the11[Director of Correctional Services] and before such persons and at such places as may be appointed for this purpose by the Superintendent.
RULE 33: SEARCH OF A SETTLER ON ADMISSION ETC
The Superintendent or any member of the staff of the settlement authorised in this behalf by the11[Director of Correctional Services] may search any settler on admission and subsequently whenever necessary inspect his personal effects which shall be attached. After attachment an inquiry shall be held by the Superintendent who shall record the statement of the person from whom the article was attached as to his possession. The Superintendent may then dispose of the property according to law.
RULE 34: PROVISION AS TO KEEP OF DOMESTIC ANIMALS BY SETTLERS IN THE SETTLEMENT
The Director of Social Welfare may decide what domestic animals may be kept by any settlers in the settlement and issue orders to ensure that they are kept under proper control and sanitary condition. The animals of any settler who disregards the order may be sold and the proceeds given to the owner.
RULE 35: DUTIES OF A SETTLER
A settler shall not "
(a) refuse to perform any suitable work provided for him nor shall he engage in any work prohibited by the Superintendent;
(b) commit any act of indecency ;
(c) refuse to obey any orders issued by the Superintendent to ensure proper sanitation of the settlement;
(d) without a permit partake of or possess liquor, opium, ganja or other intoxicants;
(e) misbehave or cause any disturbance by the violent conduct of quarrelling ;
(f) gamble or bet;
(g) join any trade union or political organisation ;
(h) beg ;
(i) resist or refuse to obey any lawful order issued by the Superintendent or refuse to give true account of his movements ;
(j) without a permit from the Superintendent mortgage or sell moveable property exceeding Rs. 5 in value ;
(k) have in his possession any article which has been forbidden by the Superintendent as capable of use as a weapon of offence ;
(l) fail to assist in the" maintenance of discipline or to give assistance to an officer of the settlement when called upon to do so in the interests of the institution ;
(m) do or omit to do any act with intent to cause to himself any illness or injury or disability ;
(n) leave without permission the working party to which he is assigned or the part of the premises in which he may be required to be present at any particular time ;
(o) endeavour to escape from the settlement limits within which he is legally required to stay.
RULE 36: PENAL CONSEQUENCES OF BREACH OF THESE RULES
Any breach of these rules on the part of a settler may at the discretion of the Superintendent be dealt with according to the nature of the offence or for other reasons to be recorded in writing in any one or more of the following ways :"
12[(i) formal warning to be recorded in history sheets,
(ii) requiring him to furnish a bond with or without personal or cash sureties in an amount not exceeding Rs. 25,
(iii) stoppage of wages,
(iv) fine not exceeding Rs. 10]:
if the Superintendent considers that a particular contravention of the rules should be punished with fine exceeding ten rupees, then he shall refer such case to the Director of Social Welfare who shall punish such contravention with fine not exceeding one hundred rupees.
RULE 37: SUPERINTENDENT MAY DEAL DEPARTMENTALLY WHEN A SETTLER IS CONSIDERED GUILTY OF TRIVIAL OFFENCES ETC
The Superintendent may deal departmentally in any of the ways provided in Rule 36 with any settler he considers guilty of a trivial offence of theft, cheating, extortion or receiving or disposing of stolen property (the property in each case being less than Rs. 10), which comes directly to the notice of his settlement staff or for which investigation has been refused by the Police under the proviso to sub-section (1) of Section 157 of the Code of Criminal Procedure, 1898 or for which the case has been withdrawn under Section 495 of the said Code on condition that the offence is dealt with departmentally, provided that the alleged offender may elect to be tried in a Criminal Court.
RULE 38: POWER TO RECOVER TINES IMPOSED UNDER RULE 36
The Superintendent shall have power to recover any fine imposed under Rule 36 and the amount due from a surety either in a lump sum or by instalments and where there is a wilful default in the payment of the fine or the amount of surety bond, he shall have power to attach and sell the moveable property of the person fined and of the surety, if such surety be a settler.
RULE 39: POWER OF THE SUPERINTENDENT TO ATTACH INTOXICANT ETC
The Superintendent or any member of the staff of the Settlement authorised in this behalf by the Director of Social Welfare may attach any intoxicant found with any other settler without a permit under clause (d) of Rule 35 or any betting money or instrument of gaming used for the purpose of gambling. After attachment an inquiry shall be held by the Superintendent as to the possession of the articles attached. Where the articles attached consist of an intoxicant or instrument in value Rs. 10 the Superintendent shall after the inquiry either in person or the person appearing to be entitled thereto or order them to be sold, and the sale proceeds given to such person or in the case of intoxicants and instruments of gaming order them to be destroyed. In other cases, the Superintendent shall, after the inquiry, forward the articles to the Director of Social Welfare who may dispose of them in a similar manner.
RULE 40: ARREST OF HABITUAL OFFENDER ORDERED TO BE PLACED IN A SETTLEMENT ETC
The Superintendent or any member of the settlement staff authorised in this behalf by the Superintendent or any Police Officer may bring under arrest any habitual offender ordered to be placed in a settlement or who being an inmate of a settlement is released from custody or imprisonment and may arrest any such person who escapes or attempts to escape from the limits of the settlement specified under Rule 29.
RULE 41: TRANSFER OF A PERSON FROM ONE SETTLEMENT TO ANOTHER ON DISCIPLINARY GROUNDS
The Superintendent may report to the Director of Social Welfare the name of any person residing in a settlement whose presence in the settlement he considers to be undesirable. The Director of Social Welfare may take order of the State Government or the authorised Officer for the transfer of such person to another settlement where he can be placed under stricter discipline.
RULE 42: CONDITIONAL DISCHARGE OF A SETTLER ON LICENCE
(1) A settler may be discharged conditionally on licence by the State Government or the authorised Officer if in its or his opinion such person has given unmistakable evidence of good conduct and sustained industry, and is not likely to commit an offence again and is capable of maintaining himself and his dependents by honest means and fulfills the following conditions, namely:
(a) The settler has resided in a settlement for not less than 1 year ;
(b) The settler has not been awarded any disciplinary punishment for serious breach of these rules during six months preceding the date of discharge ;
(c) The settler has completed the training in the settlement and a certificate to that effect from the Superintendent is produced;
(d) The settler has saved at least Rs. 100 ; activities and that he shall support the settler or arrange to give the settler an honest means of living and the guardian or employer or relative is willing to execute a surety bond for such amount as may be fixed by the 13[Director of Correctional Services.]
(2) A settler discharged under sub-rule (1) shall be granted a licence in Form 'H'.
(3) The period of the licence shall not extend beyond the date on which the period of order of restriction expires.
RULE 43: A PERSON DISCHARGED ON LICENCE FROM A SETTLEMENT TO OBSERVE THE FOLLOWING CONDITIONS
(1) A person discharged on licence from a settlement unless Rule 42 shall be required to observe the following conditions:"
(a) He shall reside in such place as the 13[Director of Correctional Services] may determine;
(b)14* * * * *
(c) He shall be of good conduct;
(d) He shall abide by such conditions as to roll call and taking of passes as may be ordered by the 13[Director of Correctional Services];
(e) He shall be under the supervision of such local officer or Probation Officer or Voluntary Social Worker as may be appointed in this behalf by the 13[Director of Correctional Services] for the unexpired portion of the period for which he was ordered to receive training in the settlement.
(2) Failure to comply with any of the conditions, stated under sub-rule (1) shall at the discretion of the13[Director of Correctional Services] under the discharged settler liable to recommitment to a settlement.
RULE 44: POWER OF THE DIRECTOR GENERAL OF CORRECTIONAL SERVICES
The13[Director of Correctional Services]
(i) may himself exercise any of the powers of a Superintendent under these rules,
(ii) may delegate to any15[Deputy Director of Correctional Services] any of the said powers exercisable by the Superintendents or any powers vested in himself under these rules except that of discharge of a settler on licence, or of exempting a settler from taking passes.
RULE 45: POWER OF THE SUPERINTENDENT TO PERMIT ANY BONAFIDE OF DEPENDENT OF A SETTLER TO RESIDE WITH HIM IN THE SETTLEMENT IN CASEOF EMERGENCY
(1) The Superintendent may permit any bonafide dependents 01 a settler to reside with him in the settlement in case of emergency. In all other cases, the16[Director of Correctional Services] may, if they so desire, permit them to reside in the settlement:
before such permission is granted the12[Director of Correctional Services] shall "
(i) ascertain by making such enquiries as he deems fit that according to the custom of the community to which the settler belongs, he is responsible for the maintenance of the dependents and that the settler and his dependents cannot suitably live apart, and
(ii) obtain an undertaking from the settler that the dependents shall observe the discipline of the settlement and that the settler shall be responsible for the breach of the provisions of Rule 35 specified in sub-rule (2) committed by any of his dependents.
(2) The dependents of the settler shall, so long as they reside in the settlement, observe the discipline of the settlement and particularly the provisions contained in clauses (b) to (i) and clause (k) of Rule 35.
(3) The settler shall exercise proper supervision over his dependent and shall not be an accessory to any breach of the provisions of Rule 35 specified in sub -rule (2) committed by any of his dependents.
(4) Any breach of the provisions of Rule 35 specified in sub -rule (2 by any of the dependents may, at the discretion of the Superintendent, be dealt with as provided in clauses 17[(i) to (iv)] of Rule 36 and the punishment imposed on the settler concerned, if the Superintendent after making the necessary inquiry is satisfied that the settler did not exercise proper supervision over his dependents or that the settler was accessory to the breach.
" For the purposes of this rule, dependents mean wife of the settler and his children under 16 years of age.
BOARD AND COURT OF EXAMINERS OF HOMOEPATHIC AND BIOCHEMIC SYSTEMS OF MEDICINE (EXECUTIVE COMMITTEES) RULES, 1963
6th February, 1963
In exercise of the powers conferred by clause (c) and (ca) of subsection 33 of the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959 (Bom. XII of 1960); and all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said Section 33, namely
RULE 01: SHORT TITLE
These rules may be called the Board and Court of Examiners of Homoeopathic And Biochemic Systems of Medicine (Executive Committees) Rules, 1963.
RULE 02: DEFINITIONS
(1) In these rules unless the context otherwise requires ,"
(a) "Act" means the Maharashtra Homoeopathic and Biochemic Practitioners' Act, 1959 (Bom. XII of 1960);
(b) "Executive Committee" means the Executive Committee of the Board constituted under Sub-section (1) of Section 15 -A, or as the case may be, the Executive Committee of the Court constituted under sub -section (1) of Section 19 -A ;
(c) "member" means a member of the Executive Committee ;
(d) "section" means a section of the Act;
RULE 03: NUMBER OF MEMBERS OF EXECUTIVE COMMITTEE
(1) The Executive Committee of the Board shall consist of four members, excluding the President.
(2) The Executive Committee of the Court shall consist of four members, excluding the Chairman.
RULE 04: TERM OF OFFICE OF MEMBERS OF EXECUTIVE COMMITTEE
(1) The term of office of the members of an Executive Committee shall be for a period of one year from the date of their election:
, the term of office of the outgoing members shall be deemed to extend to and expire with the day immediately preceding the date on which their successors are elected.
(2) An outgoing member shall be eligible for re-election. Section 33 (2) (ea)
RULE 05: CESSATION OF MEMBERSHIP
A member shall be deemed to have vacated his seat-
(a) if he ceases to be a member of the Board or, as the case may be, the Court, or
(b) if he has remained absent from two consecutive meetings of the Executive Committee without leave of the Executive Committee.
RULE 06: RESIGNATION OF MEMBERS
Any member may resign his office by a notice in writing to the President or, as the case may be, the Chairman. Such resignation shall take effect from the date on which it is accepted by the President or, as the case may be, the Chairman.
RULE 07: CASUAL VACANCIES
(1) In the event of any vacancy occurring on account of death or resignation of a member or cessation of membership or for any other reason, previous to the expiry of the term of his office, the vacancy shall be filled as soon as conveniently may be, by the
Board, or as the case may be, the Court by the election of a member from amongst its members:
, notwithstanding anything contained in Rule 4, if such vacancy occurs within two months preceding the date on which the term of office of the member expires, the vacancy shall not be filled.
(2) A member elected to fill a casual vacancy under sub-rule (1) shall, notwithstanding anything contained in Rule 4, hold office so long only as the member in whose place he is elected would have held it, if the vacancy had not occurred.
RULE 08: MEETINGS
(1) The Executive Committee of the Board shall ordinarily meet once every three months on such date, as may be fixed by the President.
(2) The Executive Committee of the Court shall ordinarily meet every two months on such date, as may be fixed by the Chairman.
(3) The President or, as the case may be, the Chairman may whenever he thinks fit, and shall, upon a written requisition of not less than three members, call an extraordinary meeting of the Executive Committee.
(4) Every meeting of the Executive Committee shall be presided over by the President or, as the case may be, the Chairman; and if the President or the Chairman is absent, by such one of the members present as may be chosen by the member to preside at the meeting.
(5) Three members including the President or the Chairman, as the case may be, shall form a quorum for any meeting of the respective Executive Committee.
RULE 09: MINUTES OF MEETINGS
The Registrar shall attend every meeting of the Executive Committee and keep a record of the names of members present and of the proceedings at each meeting in a minute book to be maintained for the purpose. The minutes will be authenticated by the signature of the President or, as the case may be, the Chairman after confirmation in the manner provided in Rule 11, and a copy of such authenticated minutes shall be sent to the Surgeon-General with the Government of Maharashtra and the State Government.
RULE 10: COPIES OF MINUTES TO BE SENT TO MEMBERS
A copy of the minutes of every meeting of the Executive Committee shall be sent by the Registrar to each member within thirty days of the meeting.
RULE 11: CONFIRMATION OF MINUTES OF MEETINGS
The minutes of meeting shall be deemed to have been confirmed if no objection to their correctness is received by the Registrar from any member within fifteen days of the dispatch of copies of the minutes to the members in accordance with Rule 10. If any objection is received, confirmation of such minutes shall await the next meeting of the Executive Committee.
RULE 12: VOLUME OF MINUTES OF MEETING
The minutes of the meeting of the Executive Committee shall, as soon as practicable after their confirmation, be made up in sheets and consecutively paged for insertion in separate volumes, which shall be permanently preserved.
RULE 13: POWERS, DUTIES AND FUNCTIONS OF EXECUTIVE COMMITTEE OF BOARD
(1) The Executive Committee of the Board shall consider all petitions or applications addressed to the Board and shall submit its report thereon to the Board.
(2) It shall also consider and prepare a report on any subject which may seem to require the attention of the Board or which may be referred to it by the Board at its meeting or by the President at other times, and circulate such report among the members of the Board at least ten days before the meeting of the Board at which the subject is to come up for discussion.
RULE 14: POWERS, DUTIES AND FUNCTIONS OF EXECUTIVE COMMITTEE OF COURT
The Executive Committee of the Court shall "
(a) consider all matters relating to the courses of training in Homoeopathic or the Biochemic Systems of Medicine and report to the Court of the same ;
(b) consider all petitions or applications or proposals addressed or made to the Court, including applications for recognition of teaching institutions or for inclusion in or removal from the First Schedule to the Act, of any qualifications and submit to the Court its report thereon ;
(c) consider and prepare a report on any subject which may seem to require the attention of the Court and circulate such report among the members of the Court at least ten days before the date of the meeting of the Court at which the subject is to come up for
(d) make all arrangements for the holding of the examinations, including the appointment of examiners and fixing of the dates, centres, and programme for the examination, declaration of results and issuing degrees or diplomas;
(e) be incharge of the results of all examinations held by the Court and prepare a table of results of each such examination and forward a copy thereof to each member of the Court immediately after it is declared ;
(f) from time to time, arrange for inspection of the recognised institutions or examining bodies and prepare reports and recommendations regarding the withdrawal of their recognition, for the consideration of the Court and call from the teaching institutions or examining bodies all such information as it may consider necessary ;
(g)1[issue explanatory instructions consistent with the bye-laws mad eon the subject.] regarding admission, concession in terms, exemptions arrangement and result of the examinations and the like matters, for the guidance of the Registrar for deciding such matters:
(h) prepare reports on each subject as may be indicated to it by the Court at its meeting, or by the Chairman at any other time, and shall present such report to the Court after it is finally approved by it.
RULE 15: FEES FOR ATTENDANCE AT MEETINGS
Every member shall be entitled to a fee of Rs. 10 for each day of attendance at a meeting of the Executive Committee.
RULE 16: TRAVELLING ALLOWANCE FOR ATTENDING MEETING
2[The traveling expenses of members for attending meeting of the Executive Committee shall be paid as follows:-
(i) Officials who are Government servants may draw the travelling and halting allowances which they may be entitled to claim for travelling on official duties according to their grades under the Bombay Civil Services Rules.
(ii) A non-official member shall draw travelling allowance admissible to a member of a State Committee under Rule 1 (1) (b) in Section I of Appendix XLII-A to the Bombay Civil Services Rules, Volume II.]
|Maharashtra State Acts|