Section-23 Power to make rules

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Section-23 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 powers, such rule, may provide for-

(a) the notification of any place as a public place ;

⁶⁵[(b) the placing in custody of persons for whose safe custody orders have been passed under sub-section (1) of section 17 and their maintenance;]

⁶⁶(bb) the discharge of an offender under sub-section (3) of section 10A from a corrective institution and the form of license to be granted to such offender;]

⁶⁷[(c) the detention and keeping in protective homes or, as the case may be, in corrective institutions of ⁵¹[persons] under this Act and their maintenance;]

(d) the carrying out of the provisions of section 11 regarding notification of residence or change of or absence from residence by released convicts;

(e) the delegation of authority to appoint the special police officer under sub-section (1) of section 13;

(f) the carrying into effect of the provisions of section 18 ;

⁶⁸[(g) (i) the establishment, maintenance, management and superintendence of protective homes and corrective institutions under section 21 and the appointment, powers and duties of persons employed in such homes or institutions ;

(ii) the form in which an application for a license may be made and the particulars to be contained in such application ;

(iii) the procedure for the issue or renewal of a license, the time within which such license shall be issued or renewed and the procedure to be followed in making a full and complete investigation in respect of an application for a license ;

(iv) the form of a license and the conditions to be specified therein ;

(v) the manner in which the accounts of a protective home and a corrective institution shall be maintained and audited;

(vi) the maintenance of registers and statements by a licensee and the form of such registers and statements;

(vii) the care, treatment, maintenance, training, instruction, control and discipline of the inmates of protective homes and corrective institutions;

(viii) the visits to and communication with such inmates;

(ix) the temporary detention of ⁶⁹[persons] sentenced to detention in protective homes or in corrective institutions until arrangements are made for sending them to such homes or institutions;

(x) the transfer of an inmate from-

(a) one protective home to another, or to a corrective institutions,

(b) one corrective institution to another or to a protective home, under sub-section (9A) of section 21;

(xi) the transfer in pursuance of an order of the court from a protective home or a corrective institution to a prison of a ¹[person] found to be incorrigible or exercising bad influence upon other inmates of the protective home or the corrective institution and the period of his detention in such prison;

(xii) the transfer to a protective home or corrective institution of ⁶⁹[persons] sentenced under section 7 or section 8 and the period of their detention in such home or institution;

(xiii) the discharge of inmates from a protective home or corrective institution either absolutely or subject to conditions, and their arrest in the event of breach of such conditions;

(xiv) the grant of permission to inmates to absent themselves for short periods;

(xv) the inspection of protective homes and corrective institutions and other institutions in which ⁶⁹[persons] may be kept, detained and maintained;]

(h) any other matter which has to be, or may be, prescribed.

(3) In making any rule under clause (d) or clause (g) of sub-section (2) the State Government may provide that a breach thereof shall be punishable with fine which may extend to two hundred and fifty rupees.

(4) All rules made under this Act shall, as soon as may be after they are made, be laid before the State Legislature.

 

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