Delhi Probation of Offenders Rules Amended 2019

Delhi Probation of Offenders Rules Amended 2019

DEPARTMENT OF SOCIAL WELFARE 

NOTIFICATION

Delhi, the 9th November, 2021

F. No. F. 1(249/11)/CPO/DSW/PT.FILE-III/732.—In exercise of the powers conferred under Section 17 of the Probation Of Offenders Act, 1958, read with Government of India, Ministry Of Home Affairs, Notification N0-7/1/58-P IV Dated the 20th September 1958 and with the approval of the Central Government, super cession of the Delhi Probation of Offenders Rules 1960, (Notification No. F-4(134)/59- DSW) except respects things done are omitted to be done before such super cession, the  Hon‟ble Lieutenant Governor of National Capital Territory of Delhi with concurrence of Ministry of Home Affairs, GOI ( vide No.U-11019/3/2019-UTL  Dated 10-09-2021), is pleased to make the following Rules namely:-

Delhi Probation of Offenders

I. Preliminary

1. Short Title and Commencement (I) These rules may be called the “Delhi Probation of Offenders Rules (Amended), 2019.

(II) They shall come into force on the date of their publication in the Delhi Official Gazette.

(III) These Rules extend to the whole of the National Capital Territory of Delhi.

2. Definitions. – In these rules unless the context otherwise requires,-

(a) “Act” means the Probation of Offenders Act, 1958 (20 of 1958);

(b) “Government”  means  the  Lieutenant  Governor  of  Delhi  referred  to  in  article  239  AA  of  the Constitution;

(c) “Chief Controlling Authority” means the officer appointed under Rule 4;

(d) “Form” means a form appended to these rules;

(e) “Probation District” means a Revenue District of National Capital Territory of Delhi or such smaller area as may be specified by the Administrator;

(f) “Probationer” means any offender in respect of whom a supervision order is in force;

(g) “Probation Officer” means a full time Probation Officer appointed or recognized by the Administrator under Section 13(1)(a) of the Act.

(h) “District Probation Officer” means an Officer appointed by the Government of National Capital Territory of Delhi and assigned the supervision work of probation services and probation officers sub- ordinate to him/her in an assigned district of National Capital territory of Delhi.

(i) “Chief Probation Officer” means an officer appointed by the Government of National Capital Territory of Delhi to supervise the work and conduct of district probation officers and all probation officers in the National Capital territory of Delhi

(j) “Special Probation Officer” means a probation officer appointed by the Court under Section 13(1)(c) of the Act;

(k) “Supervision order” means an order passed under Section 4(3) of the Act.

(l) “Section” means a section of the Act:

(m) “Society” means any society or non-governmental organization providing probation and after care services recognized by the Government of National Capital Territory of Delhi under Rule 23.

(n) “Administrator” means the Lieutenant Governor of National Capital Territory of Delhi appointed by the President under article 239 of the Constitution;

II. Departmental Control of Probation Officers

3. Probation Officers and their control: (1) The Government may appoint for each district such number of persons as it thinks fit to be Probation Officers for the purpose of Act.

(2) All Probation Officers (whether appointed or recognized by the Government) in the National Capital Territory of Delhi shall be under the control of a Chief Probation Officer to be appointed by the Government in this behalf and designated as Chief Probation Officer

4. The Government may appoint Director of the Department of Social Welfare, Government of National Capital Territory of Delhi to be the Chief Controlling Authority who shall exercise administrative control over all the Probation Officers, District Probation Officers and the Chief Probation Officer, and shall perform such other functions as may, from time to time, be assigned to him /her by the Government.

5. Chief Probation Officer. – Subject to the control and supervision of the Chief Controlling Authority, the Chief Probation Officer shall be responsible for overall supervision, management and monitoring of the probation services throughout the National Capital Territory of Delhi; and his /her duties and responsibilities shall include –

(a) Control, guidance and supervision of the work of District Probation Officers and other probation officers;

(b) assisting and fostering after care work in the National Capital Territory of Delhi and other activities for the purpose of rehabilitation of offenders, and maintaining contacts with other related associations, Non Governmental Organizations and the public;

(c) submission of statistical or other returns and reports, as required to the Chief Controlling Authority; and

(d) such other functions as may be assigned to him/her by the Government or the Chief Controlling Authority…………………. Click here read more.

Source : https://egazette.nic.in/WriteReadData/2021/231024.pdf

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