``
Reformatory Schools
THE REFORMATORY SCHOOLS ACT, 1897
(VIII of
1897: Act1897)
VIII
CONTENTS
I–Preliminary
1. Title, commencement and extent
2. Repealed
3. Repealed
4. Definitions
II–Reformatory Schools
5. Power to establish and discontinue Reformatory Schools
6. Requisites of schools
7. Inspection of Reformatory Schools
8. Power of Courts to direct youthful offenders to be sent to Reformatory Schools
9. Procedure where Magistrate is not empowered to pass an order under section
8
10. Power of Magistrates to direct boys under fifteen sentenced to imprisonment
to be sent to Reformatory Schools
11. Preliminary enquiry and finding as to age of youthful offender
12. Government to determine Reformatory School to which such offenders shall
be sent
13. Persons found to be over eighteen years not to be detained in Reformatory
Schools
14. Discharge or removal by order of Government
15. Agreement between Provinces
16. Certain orders not subject to appeal or revision
III–Management of Reformatory Schools
17. Appointment of Superintendent and Committee of Visitors or Board of
Management
18. Superintendent may license youthful offenders to employers of labour
19. Cancellation of license
20. Determination of license
21. Cancellation of license in case of ill-treatment
22. Superintendent to be deemed guardian of youthful offenders
Power to apprentice youthful offender
23. Duties of Committee of Visitors
24. Powers of Board of Management
25. Power to appoint Trustees or other Managers of a school to be a Board of
Management
26. Power of Board to make rules
IV–Offences in relation to Reformatory Schools
27. Penalty for introduction or removal or supply of prohibited articles and
communication with youthful offenders
28. Penalty for abetting escape of youthful offender
29. Arrest of escaped youthful offender
V–Miscellaneous
30. Repealed
31. Power to deal in other ways with youthful offenders including girls
32. Procedure when youthful offender under detention in a Reformatory School is
again convicted and sentenced
TEXT
1
THE REFORMATORY SCHOOLS ACT, 1897
(VIII of 1897)
[13th March, 1897]
An
Act
to amend the law relating to Reformatory Schools and to make further provision for dealing
with youthful offenders.
WHEREAS it is expedient to amend the law relating to Reformatory Schools and to
make further provision for dealing with youthful offenders;
It is hereby enacted as follows:–
I.–Preliminary
1. Title, commencement and extent.– (1) This Act may be called the Reformatory
2
Schools Act, 1897; [*]
3
[(2) * * * * * * * * * * * * * * * * * *]
4 5 6
[(3) This section and section 2 shall extend to [the whole of Pakistan]. [The
other sections shall extend in the first instance to Sind and the Karachi Division and East
7
Pakistan, but the Government of [the Punjab] may at any time, by notification in the official
8
Gazette, extend these sections to other parts of [the Punjab] from such day as may be fixed
in any such notification.]]
9
[2. Repeal of Act V of 1876.– * * * * * * * * * * *]
1
[3. Section 399 of Act X of 1882 repealed on date fixed by a notification under
section 1, sub-section (3).– * * * * * * * * * * *]
1
This Act was published in the Gazette of India, dated: 13 March 1897, pp. 21-26. For statement of Objects and Reasons, see
Gazette of India, 1896, Part V, p. 187; for Report of the Select Committee, see ibid., 1397, Part VI, p. 55; and for Proceedings
in Council see ibid., 1896, Part V pp. 222 and 251; and ibid., 1896, Part VI, pp. 44 and 68.
2
The word “and” was repealed by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, dated:
21 March 1914, pp. 47- 59, s. 3 read with the Second Schedule.
3
Repealed ibid.
4
Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of
Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
5
Substituted for the words “all the Provinces” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to
by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-
845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
6
Substituted by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964); made by the President on 27 May 1964; and,
was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964, pp. 251c-251aap, Article 2 read with the
Schedule.
7
Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 ([Link].1 of 1974), published in the
Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425-A to 1425-PP, Article 2 read with the Schedule: it came
into force on 14 August 1973.
8
Ibid.
9
Repealed by the Repealing Act, 1938 (I of 1938), published in the Gazette of India, dated: 5 March 1938, pp. 1-20, s. 2 read
with the Schedule.
4. Definitions.– In this Act, unless there is anything repugnant in the subject or
context,–
(a) “youthful offender” means any boy who has been convicted of any offence
punishable with transportation or imprisonment and who, at the time of such
conviction, was under the age of fifteen years;
2
(b) “Inspector-General” includes any officer appointed by the [Provincial
Government] to perform all or any of the duties imposed by this Act on the
Inspector-General; and
3
[(c) “District Magistrate” * * * * * * * * * * * *]
II.—Reformatory Schools
4
5. Power to establish and discontinue Reformatory Schools.– [* * * * *], the
5
[Provincial Government] may–
(a) establish and maintain Reformatory Schools at such places as it may think fit;
(b) use as Reformatory Schools schools kept by persons willing to act in
6
conformity with such rules, consistent with this Act, as the [Provincial
Government] may prescribe in this behalf;
(c) direct that any school so established or used shall cease to exist as a
Reformatory School or to be used as such.
6. Requisites of schools.– Every school so established or used must provide–
(a) sufficient means of separating the inmates at night;
(b) proper sanitary arrangements, water-supply, food, clothing and bedding for
the youthful offenders detained therein;
(c) the means of giving such youthful offenders industrial training;
(d) an infirmary or proper place for the reception of such youthful offenders when
sick.
7. Inspection of Reformatory Schools.– (1) Every school intended to be established or
used as a Reformatory School shall, before being used as such, be inspected by the Inspector-
General, and if he finds that the requirements of section 6 have been complied with, and that, in
his opinion, such school is fitted for the reception of such youthful offenders as may be sent
there under this Act, he shall certify to that effect, and such certificate shall be published in the
7 8
[Official Gazette], together with an order of the [Provincial Government] establishing the school
1
Repealed by the Repealing Act, 1938 (I of 1938), published in the Gazette of India, dated: 5 March 1938, pp. 1-20, s. 2 read
with the Schedule.
2
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3
Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of
Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
4
The words “With the previous sanction of the Governor-General in Council” were omitted by the Decentralization Act, 1914 (IV
of 1914), published in the Gazette of India, dated: 28 February 1914, pp. 21-32, s. 2 read with the Schedule.
5
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6
Ibid.
7
Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General
Adaptations.
8
Ibid., for the words “Local Government”.
as a Reformatory School or directing that it shall be used as such, and the school shall
thereupon be deemed to be a Reformatory School.
(2) Every such school shall, from time to time, and at least once in every year, be
1
visited by the said Inspector-General, who shall send to the [Provincial Government] a
2
report on the condition of the school in such form as the [Provincial Government] may
prescribe.
8. Power of Courts to direct youthful offenders to be sent to Reformatory
Schools.– (1) Whenever any youthful offender is sentenced to transportation or
imprisonment, and is, in the judgment of the Court by which he is sentenced, a proper
person to be an inmate of a Reformatory School, the Court may, subject to any rules made
3
by the [Provincial Government], direct that, instead of undergoing his sentence, he shall be
sent to such a school, and be there detained for a period which shall be not less than three
or more than seven years.
(2) The powers so conferred on the court by this section shall be exercised only by
(a) the High Court, (b) a Court of Session, (c) a District Magistrate, and (d) any Magistrate
4
specially empowered by the [Provincial Government] in this behalf, and may be exercised by
such Courts whether the case comes before them originally or on appeal.
5
(3) The [Provincial Government] may make rules for–
(a) defining what youthful offenders should be sent to Reformatory
Schools, having regard to the nature of their offences or other
considerations, and
(b) regulating the periods for which youthful offenders may be sent to
such schools according to their ages or other considerations.
9. Procedure where Magistrate is not empowered to pass an order under section
8.– (1) When any Magistrate not empowered to pass an order under the last foregoing
section is of opinion that a youthful offender convicted by him is a proper person to be an
inmate of a Reformatory School, he may, without passing sentence, record such opinion and
submit his proceedings and forward the youthful offender to the District Magistrate to whom
he is subordinate.
(2) The Magistrate to whom the proceedings are so submitted may make such
further inquiry (if any) as he may think fit and pass such sentence and order for the detention
in a Reformatory School of the youthful offender, or otherwise, as he might have passed if
such youthful offender had been originally tried by him.
10. Power of Magistrates to direct boys under fifteen sentenced to imprisonment
to be sent to Reformatory Schools.– The officer in charge of a prison in which a youthful
offender is confined, in execution of a sentence of imprisonment, may bring him, if he has
not then attained the age of fifteen years, before the District Magistrate within whose
jurisdiction such prison is situate; and such Magistrate may, if such youthful offender
appears to be a proper person to be an inmate of a Reformatory School, direct that, instead
of undergoing the residue of his sentence, he shall be sent to a Reformatory School, and
there detained for a period which shall be subject to the same limitations as are prescribed
by or under section 8, with reference to the period of detention thereby authorised.
1
Ibid.
2
Ibid.
3
Ibid.
4
Ibid.
5
Ibid.
11. Preliminary enquiry and finding as to age of youthful offender.– (1) Before
directing any youthful offender to be sent to a Reformatory School under section 8, section 9
or section 10, the Court or Magistrate shall inquire into the question of his age and, after
taking such evidence (if any) as may be deemed necessary, shall record a finding thereon,
stating his age as nearly as may be.
(2) A similar inquiry shall be made and finding recorded by every Magistrate not
empowered to pass an order under section 8 before submitting his proceedings and
forwarding the youthful offender to the District Magistrate as required by section 9, sub-
section (1).
12. Government to determine Reformatory School to which such offenders shall
be sent.– Every youthful offender directed by a Court or Magistrate to be sent to a
1
Reformatory School shall be sent to such Reformatory School as the [Provincial
Government] may by general or special order appoint for the reception of youthful offenders
so dealt with by such Court or Magistrate:
Provided that, if accommodation in a Reformatory School is not immediately
available for such youthful offender, he may be detained in the juvenile ward or such other
2
suitable part of a prison as the [Provincial Government] may direct–
(a) until he can be sent to a Reformatory School, or
(b) until the term of his original sentence expires,
whichever event may first happen. Should the term of his original sentence first expire, he
shall thereupon be released, but, should he be sent to a Reformatory School, then the period
of detention previously undergone shall be treated as detention in a Reformatory School.
13. Persons found to be over eighteen years not to be detained in Reformatory
Schools.– (1) If at any time after a youthful offender has been sent to a Reformatory School
it appears to the Committee of Visitors or Board of Management, as the case may be, that
the age of such youthful offender has been understated in the order for detention, and that
he will attain the age of eighteen years before the expiration of the period for which he has
3
been ordered to be detained, they shall report the case for the orders of the [Provincial
Government].
(2) No person shall be detained in a Reformatory School after he has been found
4
by the [Provincial Government] to have attained the age of eighteen years.
5
14. Discharge or removal by order of Government.– The [Provincial Government] may
at any time order any youthful offender–
(a) to be discharged from a Reformatory School;
(b) to be removed from one Reformatory School to another such school situate
within the territories subject to such Government: Provided that the whole period
of his detention in a Reformatory School shall not be increased by such removal.
1
[15. Agreement between Provinces.– The Provincial Governments of any two
Provinces may after mutual agreement, generally or specially, notify in their respective
1
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3
Ibid.
4
Ibid.
5
Ibid.
Official Gazettes that any Reformatory School situated in one of the Provinces shall be
available for the reception of youthful offenders directed to be sent to a Reformatory School
by any Court or magistrate in the other Province and may thereupon make provision for the
removal of youthful offenders accordingly.]
16. Certain orders not subject to appeal or revision.– Nothing contained in the Code
2
of Criminal Procedure, 1882 , shall be construed to authorise any Court or Magistrate to alter
or reverse in appeal or revision any order passed with respect to the age of a youthful
offender or the substitution of an order for detention in a Reformatory School for
transportation or imprisonment.
III.—Management of Reformatory Schools
17. Appointment of Superintendent and Committee of Visitors or Board of
Management.– (1) For the control and management of every Reformatory School the
3
[Provincial Government] shall appoint either (a) a Superintendent and a Committee of
Visitors, or (b) a Board of Management.
(2) Every Committee and every Board so appointed must consist of not less than
4 5
five persons [.] [* * * * * * *].
6
(3) The [Provincial Government] may suspend or remove any Superintendent or
any Member of a Committee or Board so appointed.
18. Superintendent may license youthful offenders to employers of labour.– (1) Every
Superintendent so appointed may, with the sanction of the Committee, by license under his hand
permit any youthful offender sent to a Reformatory School, who has attained the age of fourteen
years, to live under the charge of any trustworthy and respectable person named in the license,
or any officer of Government or of a Municipality, being an employer of labour and willing to
receive and take charge of him, on the condition that the employer shall keep such youthful
offender employed at some trade, occupation or calling.
(2) The license shall be in force for three months and no longer, but may, at any
time and from time to time until the expiration of the period for which the youthful offender
has been directed to be detained, be renewed for three months at a time.
19. Cancellation of license.– The license shall be cancelled at the desire of the
employer named in the license.
20. Determination of license.– If during the term of the license the employer named
therein dies, or ceases from business or to employ labour, or the period for which the
1
Substituted ibid., Article 3 read with the First Schedule.
2
X of 1882. Now the Code of Criminal Procedure, 1898 (V of 1898).
3
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
4
Replaced for the “comma” by the Reformatory Schools (Punjab Amendment) Ordinance, 1984 (XXIX of 1984), published in the
Punjab Gazette (Extraordinary), dated: 17 December 1984, pp. 2045-2046, s. 2.
5
The words “of whom two at least shall be citizens of Pakistan” were omitted ibid. The words “citizens of” were earlier
substituted for the words “British subjects domiciled in” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made
by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January
1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102-163, Article 2 read with
the Schedule: it came into force on 23 March 1956. The words “British subjects domiciled in Pakistan” were earlier substituted
for the words “Natives of India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949),
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
6
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
youthful offender has been directed to be detained in the Reformatory School expires, the
license shall thereupon cease and determine.
21. Cancellation of license in case of ill-treatment.– If it appears to the
Superintendent that the employer has ill-treated the youthful offender, or has not adequately
provided for his lodging and maintenance, the Superintendent may cancel the license.
22. Superintendent to be deemed guardian of youthful offenders.– (1) The
Superintendent of a Reformatory School shall be deemed to be the guardian of every
1
youthful offender detained in such school, within the meaning of Act No. XIX of 1850
(concerning the binding of apprentices).
(2) Power to apprentice youthful offender.– If it appears to the Superintendent
that any youthful offender licensed under section 18 has behaved well during one or more
periods of his license, the Superintendent may, with the sanction of the Committee, apprentice
him under the provisions of the said Act, and on such apprenticement the right to detain such
youthful offender in a Reformatory School shall cease and the unexpired term (if any) of his
sentence shall be cancelled.
23. Duties of Committee of Visitors.– (1) Every Committee of Visitors appointed under
section 17 for a Reformatory School shall, at least once in every month,–
(a) visit the school, to hear complaints and see that the requirements of section 6
have been complied with, and that the management of the school is proper in
all respects;
(b) examine the punishment-book;
(c) bring any special cases to the notice of the Inspector General; and
(d) see that no person is illegally detained in the school.
(2) If any member of a Committee of Visitors so appointed fails or neglects,
during a period of six consecutive months, to visit the school and assist in the discharge of
the duties aforesaid, he shall cease to be a member of such Committee.
24. Powers of Board of Management.– If, in exercise of the power conferred by section
2
17, the [Provincial Government] appoints a Board of Management for any Reformatory
School, such Board shall have the powers and perform the functions of the Superintendent
under sections 18 to 22, both inclusive; and the license mentioned in section 18 may be
under the hand of their chairman; and they shall be deemed to be the guardians of the
youthful offenders detained in such school.
25. Power to appoint Trustees or other Managers of a school to be a Board of
3
Management.– The [Provincial Government] may declare anybody of Trustees or
Managers of a school, who are willing to act in conformity with the rules referred to in section
5, clause (b), to be a Board of Management under this Act, and thereupon such body or
Managers shall have all the powers and perform all the functions of such Board of
Management.
1
The Apprentices Act, 1850.
2
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3
Ibid.
1
26. Power of Board to make rules.– (1) With the previous sanction of the [Provincial
Government], every Board of Management of a Reformatory School may from time to time make
rules consistent with this Act–
(i) to prescribe the articles which are to be deemed to be “prohibited articles”;
and
(ii) to regulate–
(a) the conduct of business of the Board;
(b) the management of the school;
(c) the education and industrial training of youthful offenders;
(d) visits to, and communication with, youthful offenders;
(e) the terms and conditions under which any articles declared by the
Board to be “prohibited articles” may be introduced into or removed
out of the school;
(f) the manner in which such articles are to be removed when introduced
without due authority;
(g) the conditions and limitations under which such articles may be
supplied outside the school to any youthful offender under order of
detention therein;
(h) the conditions on which the possession by any such youthful offender
of such articles may be sanctioned;
(i) the penalties to be imposed for the supply or possession of such
articles when supplied or possessed without due authority;
(j) the punishment of offences committed by youthful offenders; and
(k) the granting of licenses for the employment of youthful offenders.
2
(2) In the absence of a Board of Management the [Provincial Government] may
make rules consistent with this Act to regulate for any Reformatory School the matters
mentioned in any clause of sub-section (1), other than clause (ii) (a), and also the mode in
which the Committee of Visitors shall conduct their business.
IV.—Offences in relation to Reformatory Schools
27. Penalty for introduction or removal or supply of prohibited articles and
communication with youthful offenders.– Whoever, contrary to any rule made under
section 26, introduces or removes or attempts by any means whatever to introduce or
remove into or from any Reformatory School, or supplies or attempts to supply outside the
limits of any Reformatory School to any youthful offender under order of detention therein,
any prohibited article,
and every officer or person in charge of a Reformatory School who, contrary to any
such rule, knowingly suffers any such article to be introduced into or removed from any
Reformatory School, to be possessed by any youthful offender detained therein, or to be
supplied to any such youthful offender outside its limits,
and whoever, contrary to any such rule, communicates or attempts to communicate
with any such youthful offender,
1
Ibid.
2
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
and whoever abets any offence made punishable under this section,
shall, on conviction before a Magistrate, be liable to imprisonment for a term not
exceeding six months, or to fine not exceeding two hundred rupees, or to both.
28. Penalty for abetting escape of youthful offender.– Whoever abets an escape, or
an attempt to escape, on the part of a youthful offender from a Reformatory School, or from
the employer of such youthful offender, shall be punishable with imprisonment for a term
which may extend to six months, or with fine not exceeding two hundred rupees, or with
both.
29. Arrest of escaped youthful offender.– A Police-officer may, without orders from a
Magistrate and without a warrant, arrest any youthful offender sent to a Reformatory School
under this Act, who has escaped from such school or from his employer, and take him back
to such school or to his employer.
V.—Miscellaneous
1
[30. Application of Act XV of 1869 to youthful offenders detained in Reformatory
Schools.– * * * * * * * * * * * * *]
31. Power to deal in other ways with youthful offenders including girls.– (1)
Notwithstanding anything contained in this Act or in any other enactment for the time being
in force, any Court may, if it shall think fit, instead of sentencing any youthful offender to
transportation or imprisonment or directing him to be detained in a Reformatory School,
order him to be–
(a) discharge after due admonition, or
(b) delivered to his parent or to his guardian or nearest adult relative, on such
parent, guardian or relative executing a bond, with or without sureties, as the
Court may require, to be responsible for the good behaviour of the youthful
offender for any period not exceeding twelve months.
(2) For the purposes of this section the term “youthful offender” shall include a
girl.
(3) The powers conferred on the Court by this section shall be exercised only by
Courts empowered by or under section 8.
(4) When any youthful offender is convicted by a Court not empowered to act
under this section and the Court is of opinion that the powers conferred by this section
should be exercised in respect of such youthful offender, it may record such opinion and
submit the proceedings and forward the youthful offender to the District Magistrate to whom
such Court is subordinate.
(5) The District Magistrate to whom the proceedings are so submitted may
thereupon make such order or pass such sentence as he might have made or passed if the
case had originally been tried by him.
32. Procedure when youthful offender under detention in a Reformatory School is
again convicted and sentenced.– When a youthful offender during his period of detention
in a Reformatory School is again convicted by a Criminal Court, the sentence of such Court
shall commence at once, notwithstanding anything to the contrary in section 397 of the Code
1
Repealed by the Prisoners Act, 1900 (III of 1900), published in the Punjab Gazette, dated: 15 February 1900, pp. 5-14, s. 53
read with the Third Schedule.
1 2
of Criminal Procedure, 1882 , but the Court shall forthwith report the matter to the [Provincial
Government], which shall have power to deal with the matter in any way in which it thinks fit.
1
X of 1882. Now the Code of Criminal Procedure, 1898 (V of 1898).
2
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
