Substituted for the word "Provincial" by he Adaplahon ofLaws Order, 1950. — Pb. Act XI BORSTAL 161

3. Substituted for the word "Provincial" by he Adaplahon ofLaws Order, 1950. 1 "officer" means an officer of a Borstal Institution appointed in such manner as may be prescribed ; "prscribe'd" means prescribed by rules made by the '[State] Governmeat under. the provisions of, this Act ; "security for good behaviour" means security or good behaviour otherwise than for political activities under seciion 109 or section 1 10 of the Code of Criminal Procedure, 1898; "Superintendent" means a Superintendent of a BorstaI Institution appointed in such manner as may be prescribed. For the purposes of this Act the '[State] Government may Establishmed establish one or more Borsial Institutiolls. uf Burs~al Institutions. (2) The '[State] Government shall appoint any person Appojntmcnt not being a police officer, to be Director of Borslal Institutions, oTDirector of and he shall exercise subject to the orders of the '[State] Insriturions, Govomment, general control and superintendence of all Borstal oRKerr and hstitutiotls. For every Borstal Tnsti tution the '[State] Government shall appoint a Superintendent, and such other officers as may be necessary. For every Borstal hslilution a visiting committee shall be appointed in such manner as may be prescribed. I. Subsritured for the wvrd "Provi~~cial" by the Adaptation oT1.aws Ordcr. 1950. Insriturions, oRKerr and visiting committees. Powers of courts to pass a sentence of delention in a Borstal Institution in the case of a convict under twenty-one ycars of age in lieu of transporntion or rigorow imprisonmeni. Special powers of Dishct Magistrates. (1) When any male person less than twenty-one years of age is convicted of an offence by a court of Sessions, a Magistrate specially empowered under section 30 of the Code of Criminal Procedure, 1898,or a '[Judicial] Magistrate of the first class, or is 1898. ordered to give security for good behaviour and fails to give such security; and when by reason of his criminal habits or tendencies or a associations with persons of bad character it is expedient in the opinion of the Judge or Magistrate, that he should be detained, such Judge or Magistrate may in lieu of passing a sentence of transportation or rigorous imprisonment, pass an order of detention of for a term which shall not be less than tyo ycars and shall not Iggg, exceed seven years when the order is passed by a court of Sessions or a Magistrate specially empowered under section 30 of the Code of Criminal Procedure, 1 898, and shall not be less than two years nor exc~ed three years, when the order is passed by a '[Judicial] When any [Judicial] Magistrate, not empowered to pass such order, is of opinion that an offender convicted by him is a pcrson in respect of whom such order shouId be passed in accordance with the provisions of sub-section (1) he may, without passing any sentence, record such opinion and submit his proceedings and forward the accused to the '[Chief Judicial Magistrate) to whom he is subordinate. The '[Chief Judicial Magistrate] to whom the proceedings are so submitted may make such Wher enquiry (if any) as he may deem fit and pass such order for the detention of the offender or such other sentencc or order, as he might have passed if the trial had been held by him from its commencement. When any male person less than twenty-one years of age has been sentenced for an offence by a Magistrate to rigorous imprisonment, or when ordered by a Magistrate to give securily, for good bchaviour has failed to give such 'security, and has been committed to or conhed in prison and no appeal has been preferred I. Subsrituled by PunJab Act 25 of 1964.

Section 3