(1) These rules may be called the Suppression of Immoral Traffic in Women and Girls Kerala Rules, 1958.
(2) They shall come in to force at once.
In these rules, unless the context otherwise requires:--
(a) 'Act' means the Suppression of Immoral Traffic in Women and Girls Act, 1956;
(b) 'Board' means the Board of Visitors appointed by the Government under rule 41;
(c) 'Chief Inspector' means the person appointed as such by the Government to discharge the functions of the Chief Inspector under these rules;
(d) 'Licence' means a licence granted under section 21;
(e) 'Form' means a form appended to these rules;
(f) 'Section' means a section of the Act; and
(g) 'Superintendent' means the principal officer in charge of a protective home and includes any person specially appointed to discharge the functions of a Superintendent under these rules.
A copy of every order of the District Magistrate notifying a place to be a public place under section 7(1) shall be affixed to a conspicuous part of the public place so notified and also the court house of the District Magistrate.
(1) Where a responsible and trustworthy person belonging to the same religious persuasion as that of a girl produced before a Magistrate under sub-section (1) of section 17 is willing to take charge of the girl and the Magistrate, Acting under sub-section (1) or sub-section (2) of that section, passes an order placing the girl in the safe custody of that person, such person shall execute before the Magistrate an undertaking in Form I.
(2) If the person in whose custody the girl is placed in no longer willing to fulfil the conditions of the undertaking, he may apply to the Magistrate for releasing him from the obligation to keep the girl in his custody.
Where, in pursuance of sub-section (2) of section 10, or sub-section (2) of section 17, or sub-section (2) of section 19, a Magistrate passes an order directing that a woman or girl be detained in a protective home, a warrant of detention in Form II shall be prepared in duplicate and shall be forwarded to the Superintendent of the protective home who shall retain one copy and return the other to the Magistrate after making an endorsement therein that the woman or girl referred to in the warrant has been duly in his charge.
(1) A convicted offender who has been ordered by the court under section 11 to notify his residence or any change of, or absence from, such residence shall, immediately after his release, report himself to the police officer having jurisdiction over his place of residence and shall also leave his correct address with such police officer. Thereafter, he shall report himself to such police officer once in every month till the expiry of the period for which he is required to notify his residence.
(2) When any such officer intends to change his place of residence, he shall intimate his intention to the police officer having jurisdiction over his place of residence and also furnish him the correct address of the intended place of residence. In every such case, the police officer shall send to the police officer having jurisdiction over the new place of residence a report of the intended change of residence together with full particulars of the convicted offender.
(3) As soon as the offender takes up his residence in the new place, he shall report himself to the police officer having jurisdiction over that place and shall also report himself to such officer once in every month till the expiry of the period for which he is required to notify his residence.
(4) If, for any reason, the offender does not change his place of residence as originally intended, he shall report the fact to the police officer having jurisdiction together with the reasons for such change of intention.
(5) The provisions of sub-rules (2), (3) and (4) shall apply to temporary absence from the place of residence for any period exceeding seven days:
Ā Provided that, in the case of temporary absence, the convicted offender shall again report to the police officer as soon as the returns to the usual place of residence.
(6) Any person who commits a breach of any of the sub-rules (1) to (5) shall be punishable with fine which may extent to two hundred and fifty rupees.
Explanation.-- In this rule, 'police officer' means the officer in charge of a police station.
(1) Application for a licence under section 21 (3) shall be made in Form III to the Government;
(2) On receipt of an application for a licence, the Government shall cause full and complete investigation to be made through an officer or authority appointed in this behalf before issuing the licence. The said officer or authority before reporting on the application to the Government shall record the statements of the applicant or applicants and the special Police Officer appointed for the area. In addition, he may enquiries from such social welfare workers or respectable persons of the locality as he may deem necessary. The Government, if satisfied, that the applicant or applicants is or are fit person or persons to whom a licence may be granted, may grant a licence in form IV, which if granted will remain inforce for a period of one year;
(3) An application for the renewal of a licence shall be made in Form V at least thirty days before the date of its expiration. The licence may thereupon be renewed for a like period;
(4) No licence issued or renewed under this Rule shall be transferable;
(5) The management of every licensed home shall, wherever practicable be entrusted to women;
(6) The licensee shall comply with all the conditions of the licence and the provisions of the Act and the Immoral Traffic in Women and Girls Kerala Rules, 1958 and shall maintain all registers and accounts in the manner hereinafter laid and shall submit all Statements and returns as prescribed in the Rules.
(1) On the admission of a woman or a girl into a protective home under the provisions of the Act, she shall be examined by the Superintendent, who shall record in the Inmates'-Register in Form VI the particulars required to be shown in that register.
(2) The woman or girl admitted into a protective home shall then be supplied with a new set of clothes and the clothes worn by her at the time of admission shall be destroyed, if they are in rages or in filthy and verminous condition. The clothing of every woman and girl to be detained for a period of two years or more shall, if they are not liable to be destroyed, be sold and the proceeds credited to the personal account of the woman or girl. In all other cases, the clothings of a woman or girl shall be returned to the parents, guardians or relatives of the woman or girl and if it is not possible to do so, shall be washed , tied up in a bundle and stored and returned to the woman or girl on her discharge. She shall also be given a bath, which shall be of a disinfecting nature. A personal Properly Register in form VII and an individual Property Register in Form VIII shall be maintained.
(3) The Superintendent or some other official of the protective home considered suitable by such Superintendent, shall then take the woman or girl to the nearest hospital for examination. If there is no hospital within a reasonable distance, the medical examination of the woman or girl shall be conducted by the nearest qualified lady doctor.
(4) Women or girls found to be suffering from any venereal disease shall be kept, as for as possible, separate from the other inmates of the protective home. Women or girls suffering from minor ailments shall be treated by the Medical Officer of the protective home. If any Woman or girl is suffering from serious illness, she shall be taken to the nearest hospital for admission and a report shall immediately be sent to the nearest Magistrate. A copy of the report shall be simultaneously sent to the Chief inspector.
(1) A child below seven years of age in the care of its mother who is detained or ordered to be kept in the protective home may also be admitted to the home along with her, if it cannot be placed with its relatives or otherwise properly provided for. If any question arises as to whether a child is below seven years of age or not, such question shall be determined by the Superintendent in consultation with the Medical Officer of the Home.
(2) A child born in the home after the admission of the inmate into the protective home may remain with her.
(3) No child shall be kept in the protective home if it has completed the age of seven years. On a child completing such age, the Superintendent shall intimate the fact to the Chief Inspector with a view to his making arrangements, if possible, to place the child with its relatives.
(4) A child kept in the protective home shall be allowed such diet and clothing as the medical officer attached to the protective home may think fit.
A record hereinafter referred to as history ticket shall be maintained in respect of each inmate in Form IX.
Every inmate shall be medically examined and weighed once in every month and the result of such examination and weighment shall be recorded in the history ticket of the inmate. A statement in form X shall be submitted before the 10th of every month to the Chief Inspector showing the weighment statistics of the protective home. A weighment register shall be maintained in each home in Form IX.
(1) The strength of the establishment including medical officer of each protective home, whether established or licenced by the government, shall be determined by the Government from time to time in consultation with the Chief Inspector. The Government, in consultation with the Chief Inspector, may also assign duties to them. Necessary arrangements for medical aid of the inmates shall be made by the Government in consultation with Chief Inspector.
(2) Any person employed in a protective home licensed by the Government shall be appointed, removed or dismissed from service by the Chief Inspector.
(3) The Government reserve the right of abolishing any committee appointed by the Government for the management of a protective home.
The Superintendent shall generally be responsible for the observance of all rules and orders, the supervision of the subordinate staff and the maintenance of discipline among the inmates. He/she shall, in his/her own hand-writing, maintain an office journal in which shall be recorded daily, every occurrence of importance connected with the management of the homes, which is not otherwise disposed of in the registers of correspondence and which it is desirable to note for future guidance. The journal shall be forwarded to the chief Inspector at the end of each month, who shall immediately return it after perusal with such remarks as he/she may consider necessary.
The following duties, in addition to other duties assigned by the Government from time to time, appertain to the Superintendents:--
(i) the Superintendent shall be in charge of general supervision and sanitation of the home and the health of inmates:
(ii) the Superintendent shall be responsible for the discipline of the subordinate staff:
(iii) the Superintendent shall be in charge of maintaining general accounts, disbursing bills, custody of jewellery, cash and other belongings of the inmates:
(iv) the Superintendent shall be in charge of office correspondence, interviews with visitors and showing them round the home;
(v) the Superintendent shall arrange meetings of the Board of visitors and submit immediately the reports of the meeting to the chief Inspector;
(vi) the Superintendent shall make surprise inspection of provision stores at least once a month, shall visit the home at uncertain hours and check that every things is in order;
(vii) the Superintendent shall be responsible for submitting statements and return under these Rules in addition to such statements and returns as may be prescribed by the Government in consultation with the Chief Inspector from time to time;
(viii) the Superintendent may grant casual leave to the subordinate staff;
(ix) the Superintendent shall visit the home at nights at least twice a month at uncertain intervals;
(x) the Superintendent shall be responsible for the purchase of provisions and by informing himself/herself of the current bazaar rates shall satisfy himself/herself that the full amount of food is purchased and the rates are reasonable. He/she shall also see the rations weighed and served out to the cooks, and shall, with the medical officer, inspect the food daily, when it is cooked and ready for distribution, to make sure that it is properly cooked and that the full quantity reaches the inmates. The result of the Superintendent's inspection of food shall be noted in the Office Journal;
(xi) the Superintendent shall be responsible for all the property of the protective home and all money and stores received.
(1) On one morning in every week, which shall usually be Monday, the Superintendent shall hold an inspection parade of all the inmates at which the Medical Officer shall also be present. At each such parade, the Superintendent shall satisfy himself/herself --
(a) that every inmate is provided with proper clothing and bedding;
(b) that they are clean and tidy; and
(c) that the rules and orders applicable to inmates are being duly carried out. A parade book shall be maintained in each Home in Form XU-(2) The Superintendent shall, at every such parade, hear and enquire in to any complaints and requests that the inmates may wish to make. It shall be his/her duty to hear the complaints and requests of inmates patiently and to afford them reasonable facilities for making such complaints and requests;
(3) Nothing in this rule shall debar any inmate from making a complaint or request to the Superintendent at other times than at the weekly parade, and it shall be the duty of every member of the staff to produce before the Superintendent without delay any inmate desiring to see him/her.
The following documents shall be kept in the personal custody of the Superintendent.
(a) Contract agreement bonds.
(b) Contractors' and subordinates' security deposit receipts or Post Office Savings Bank Account Books and Post Office cash certificates.
(c) Personal files, service books and character rolls of the staff.
Without the written sanction of the Chief Inspector, the Superintendent shall, on no account, absent himself/herself from the station.
The Superintendent shall maintain an order book for the protective home in which he/she shall record all standing orders issued to his/her subordinates from time to time. He/She shall by an order allot the various duties to his/her subordinates and may, by a subsequent order, vary such allotments.
(1) In addition to such other duties as may be assigned to the Medical Officer of a protective home by the Government from time to time in consultation with the Chief Inspector, the Medical Officer shall visit the protective home every day except on Sundays and other holidays; on Sundays and holidays also when necessary, He/She shall attend to the health and cleanliness of the inmates, the treatment of the sick, the sanitation of the protective home, general inspection and supervision of food and all other matters connected directly or indirectly with the health of the staff and inmates of the home;
(2) On each visit to the protective home, the Medical Officer shall enter his/her remarks in the register in Form XIII.
(3) The Medical officer shall accompany the Chief Inspector during his/her inspection of the protective home.
(4) During the absence of the Superintendent on short leave (other than casual leave) or during a vacancy in the post of the Superintendent for a short period, the Medical Officer, with the previous approval of the chief Inspector, may act as the Superintendent in addition to his/her own duties.
(1) Provision may be made for general education in all protective homes. Besides general education, each protective home shall, as far as possible, provide for the vocational training of the inmates, the wishes of each inmate being consulted, as far as possible, as to particular training she shall undergo. Suitable employment, which shall include house work, sewing, weaving, spinning and the like may be provided. All courses of training shall be approved by the Chief Inspector.
(2) Teachers shall be engaged for imparting general education and instructors appointed for giving vocational training to the inmates. In an emergency, the Superintendent may direct such teachers and instructors to attend to executive or administrative duties.
The following daily routine shall be observed in the protective homes.--
I Scale of diet. | ||
S. No | Name of article | Quantity per head per day |
| 1. | Rice | 16 oz |
| 2. | Green gram | 2 oz |
| 3. | Vegetables | 8 oz |
| 4. | Mutton | 4 oz (on Sundays) |
| 5. | Fish 2 oz | (two days a week) |
| 6. | Onions | 1/2 oz |
| 7. | Tamarind | 1/4 oz |
| 8. | Chillies | 4 drams |
| 9. | Coriander | 1 1/2 drams |
| 10. | Turmeric | 1/4 dram |
| 11. | Coconut | 2 oz |
| 12. | Salt | 1 1/2 oz |
| 13. | Firewood | 31bs. where the population is 25 or below and 2 1/2 lbs. above 25. |
| 14. | Buttermilk | 8oz |
| 15. | Coconut oil | 5 drams |
| 16. | Mustard | 4 grains |
| 17. | Dhal | 1/2 oz |
| 18. | Ulva | 1 grain |
| 19. | Asafoetida | 1/8 dram |
| 20. | Pepper | 1/8 dram |
| 21. | Garlic | 1/4 dram |
| 22. | Cummin seed | 3 grains |
| 23. | Black gram | 1 oz. |
| 24. | Milk | 2 oz. |
| 25. | Tea or Coffee | 1/4 oz |
| 26. | Sugar | 1/2 oz. |
| 27. | Pappadam | 2 nos. |
| 5.30 A.M. to 7 A.M. in warm months and 6 A.M. to 7-30 A.M. in the colder months | Visit to the latrines, ablutions,bath and toilet and washing personal clothes. |
| 7-30 A.M. to 7-45 A.M | Morning prayers. |
| 7- 45 A.M. to 8-15 A.M. | Breakfast |
| 8- 30 A.M. to 12-30 P.M. | Schools or workshop |
| 12-30 P.M. to 2 P.M. | Lunch and rest. |
| 2 P.M. to 4-30 P.M. | Needlework and handicraft or workshop. |
| 4-30 P.M. to 6-30 P.M. | Games, Gardening and bath. |
| 6-30 P.M. to 6-45 P.M. | Evening prayer. |
| 6- 45 P.M. to 7-30 P.M. | Night meal. |
| 7- 30 P.M. to 9-30 P.M. | Study or reading or music |
Note.-- Daily routine may be suitable modified on Sundays and other gazetted holidays. Saturdays shall be observed as half holidays. |
II Instructions |
(1) The actual food supplied may every within the cost of the standard scale at tender rates. (2) Fish or eggs may be substituted for meat once a week under the orders of the Superintendent provided that there is no extra cost on that account. (3) A Food Attendance Register shall be maintained in each Home in Form XTV. Similarly a Register in form XV shall be maintained to record the stock, issue etc., of provision stores. |
Ā
All inmates of a protective home shall have diet in accordance with the following scale and instructions:--
I Scale of diet. | ||
S. No | Name of article | Quantity per head per day |
| 1. | Rice | 16 oz |
| 2. | Green gram | 2 oz |
| 3. | Vegetables | 8 oz |
| 4. | Mutton | 4 oz (on Sundays) |
| 5. | Fish 2 oz | (two days a week) |
| 6. | Onions | 1/2 oz |
| 7. | Tamarind | 1/4 oz |
| 8. | Chillies | 4 drams |
| 9. | Coriander | 1 1/2 drams |
| 10. | Turmeric | 1/4 dram |
| 11. | Coconut | 2 oz |
| 12. | Salt | 1 1/2 oz |
| 13. | Firewood | 31bs. where the population is 25 or below and 2 1/2 lbs. above 25. |
| 14. | Buttermilk | 8oz |
| 15. | Coconut oil | 5 drams |
| 16. | Mustard | 4 grains |
| 17. | Dhal | 1/2 oz |
| 18. | Ulva | 1 grain |
| 19. | Asafoetida | 1/8 dram |
| 20. | Pepper | 1/8 dram |
| 21. | Garlic | 1/4 dram |
| 22. | Cummin seed | 3 grains |
| 23. | Black gram | 1 oz. |
| 24. | Milk | 2 oz. |
| 25. | Tea or Coffee | 1/4 oz |
| 26. | Sugar | 1/2 oz. |
| 27. | Pappadam | 2 nos. |
| 5.30 A.M. to 7 A.M. in warm months and 6 A.M. to 7-30 A.M. in the colder months | Visit to the latrines, ablutions,bath and toilet and washing personal clothes. |
| 7-30 A.M. to 7-45 A.M | Morning prayers. |
| 7- 45 A.M. to 8-15 A.M. | Breakfast |
| 8- 30 A.M. to 12-30 P.M. | Schools or workshop |
| 12-30 P.M. to 2 P.M. | Lunch and rest. |
| 2 P.M. to 4-30 P.M. | Needlework and handicraft or workshop. |
| 4-30 P.M. to 6-30 P.M. | Games, Gardening and bath. |
| 6-30 P.M. to 6-45 P.M. | Evening prayer. |
| 6- 45 P.M. to 7-30 P.M. | Night meal. |
| 7- 30 P.M. to 9-30 P.M. | Study or reading or music |
Note.-- Daily routine may be suitable modified on Sundays and other gazetted holidays. Saturdays shall be observed as half holidays. |
II Instructions |
(1) The actual food supplied may every within the cost of the standard scale at tender rates. (2) Fish or eggs may be substituted for meat once a week under the orders of the Superintendent provided that there is no extra cost on that account. (3) A Food Attendance Register shall be maintained in each Home in Form XTV. Similarly a Register in form XV shall be maintained to record the stock, issue etc., of provision stores. |
Ā
(1) Each inmate shall be supplied with a steel box, an unbreakable plate, tumpler and a mirror.
(2) Clothing and bedding to inmates shall be supplied on the following scale:--
Name of articles | Scale of supply per head |
| Sarees | .. 2 on admission and one every six months. |
| Blouses | .. 2 on admission and one every four months. |
| Petticoats | .. do. |
| Bodice | .. do. |
| Mundoos | .. One on admission and one every six months. |
| Towels | .. Two on admission and one every six months. |
| Grass or leaf mat | .. One on admission and renewal every year. Or |
| Jute or mat | .. One on admission and renewal every 3 years. |
| Jamkal | .. do. |
| Bed sheet | .. One in two years |
| Pillow | .. do. |
| Pillow cases | .. Two in two years. |
| Wooden combs | .. Two in a year. |
Every inmate shall have a separate bed with a floor space of not less than 8' x 5' per bed. A place shall be allotted for every inmate in the dormitory.
(1) The protective homes shall not be used as a means of fostering any one religion at the expense of others and the principle of secularism shall be maintained strictly.
(2) Religious and moral instructions to inmates of protective homes shall be allowed on condition that no proselytising is carried on under the clock of such instruction and that nothing is done to take the inmates away from the religion professed by them. The instruction may be in the form of prayer, worship and occasional bhajans with music.
(3) The Superintendent shall endeavour to secure the services of honorary instructors: and in their absence, the senior members of the staff, preferably the teachers, shall be deputed to impart religious and moral instruction to the inmates of their own faith at least once a week.
(4) Selection of religious and moral instructors shall be made by the Chief Inspector in consultation with the Collector of the District in which the home is situated.
(5) The services of any instructor may be dispensed with by the Chief Inspector without assigning any reason.
Every protective home shall be provided with a library of suitable books with a catalogue. The choice of books shall be made by the Superintendent and approved by the Chief Inspector, who will be responsible for the suitability of the books chosen.
Any inmate whose attendance is required before the police or before a court shall be permitted to leave the protective home for the purpose, only on receipt of a written requisition signed by a police officer not below the rank of a Deputy Superintendent of police or of a summons issued by the court of competent jurisdiction. The inmate shall in such cases be accompanied by the Superintendent or by any other member of the staff considered suitable by the Superintendent.
(1) The Superintendent shall give immediate notice of the escape or recapture of any inmate of the home to--(a) the Chief Inspector,
(b) the nearest police station, and
(c) The District Magistrate.
(2) On receipt of a notice of escape under sub-rule (1), the Officer-in-charge of the Police Station shall take necessary steps to recapture the inmate and to bring her back to the home from which she escaped.
In case of death of any of the inmates the Superintendent shall immediately report the circumstances of the case of the nearest Magistrate. Copies of the report shall also be sent to the Chief Inspector, and to the parents or guardians or relatives, as the case may be, of the inmate.
(1) The Chief Inspector may for any of the following reasons, to be recorded in writing, order the transfer of an inmate detained in a protective home to any other protective home:--
(a) when the transfer is for the welfare of the inmate or is in the interest of discipline;
(b) when there is no accommodation in the protective home; or (c) for any other special reasons.
(2) The Superintendent shall, before effecting such transfer, satisfy himself/ herself that the inmate to be transferred is in a fit state of health to undergo the transfer.
(3) The inmate shall be escorted by a woman employer of the protective home considered suitable for the purpose by the Superintendent of the home. The Superintendent may, if necessary take the assistance of the Special
Police Officer of the area;
(4) All the records and personal property if any, relating to the inmate transferred shall be handed over to the escort to be delivered to the Superintendent of the protective home to which the inmate is transferred;
(5) The Superintendent of the home to which the inmate is transferred shall, on the arrival of the inmate and after due verification acknowledge the correct receipt of the documents and property;
(6) The total period of detention or stay of an inmate ordered by the court shall on no account be increased by any transfer under sub-rule (1).
(1) No inmate shall be allowed to see visitors or receive letters without the express permission of the Superintendent and no male visitor shall be permitted to interview any of the inmates except in the presence of the superintendent or any other member of the staff of the home so authorised by the Superintendent in this behalf.
(2) Every inmate newly admitted to a protective home shall be allowed reasonable facilities for seeing or communicating with her relatives, friends or legal advisers with a view to the preparation of an appeal.
(3) Parents and guardians may visit inmates of a protective home on Saturdays and Sundays between 4 p. m. and 6 p. m. For very urgent reasons, visitors may be allowed on other days and at other times with the special permission of the Superintendent. The privilege of receiving visitors may be refused on the orders of the Superintendent as a punishment for misconduct by the inmate, or if it is used to introduce any prohibited article into the home or if the parent or guardian has or is likely to have, in the opinion of the Superintendent, a bad influence on an inmate or inmates or for any other sufficient cause. The Superintendent shall record his/her reasons for such refusal in the office journal.
(4) Every inmate shall be allowed to write and receive a letter once a month during the period of her detention or stay in the home, subject to the conditions of good conduct.
(5) If the address of the parents or guardians is known, they shall be given notice of any serious illness of the inmate and the Superintendent shall answer any reasonable enquiries made by the parents or guardians.
(6) inmates shall be allowed, if they so desire, special letter in order to inform the parents or guardians of their transfer from one protective home to another. This shall not be counted as a letter for the purpose of sub-rule (4).
(7) No letter shall be delivered to or sent by an inmate unless the Superintendent has satisfied himself that its transmission is unobjectionable.
(8) The Superintendent may at his/her discretion grant interviews or allow the despatch or receipt of letters at short intervals than those provided in sub-rule 4) in spite of the inmates misconduct. If he/she considers that special or urgent grounds exist for such concession.
(9) A register in form XVI shall be maintained by the Superintendent for recording the visits of parents or guardians of the inmates of the home. Cases of refusal to permit visits shall be recorded in this register with reasons.
(10) A register of correspondence between the inmates and their parents and guardians shall be maintained in Form No. XVII.
With the previous sanction of the Chief Inspector and in very special cases, the Superintendent may grant to any inmate leave of absence for a period not exceeding a week on the death of the parent or guardian or to visit the parent or guardian who is seriously ill. The Chief Inspector may extent the leave granted, by a period not exceeding two weeks. The leave granted may at any time be cancelled without assigning any reasons and the inmate recalled.
(1) The following acts are forbidden in a protective home and every inmate who willfully commits any of them shall be deemed to have willfully disobeyed the regulations of the protective home-(a) quarrelling with any other inmate,
(b) any assault or use of criminal force,
(c) use insulting, obscene or threatening language,
(d) immoral or indecent or disorderly behaviour,
(e) wilfully disabling herself for labour,
(f) contumaciously refusing to work,
(g) wilful idleness and negligence at work,
(h) wilful damage to the Home property,
(i) wilful mismanagement of work,
(j) tempering with or defacing history tickets, records, documents or tools,
(k) receiving, possessing or transferring any prohibited article,
(l) feigning illness,
(m) willfully bringing a false accusation against any officer or inmate,
(n) omitting or refusing to report, as soon as it comes to her knowledge, the occurrence of any fire, any plot or conspiracy, and escape, attempt or preparation to escape or any attack or preparation for attack upon any inmate or official of the home.
(o) conspiring to escape or to assist in escaping,
(p) answering untruthfully any question put by an officer of the home or a visitor,
(q) refusing to eat food or willfully destroying food,
(r) committing a nuisance in any part of the home.
(2) The Superintendent may award any of the following punishments for the act or acts specified in sub-rule (1):-
(a) deprivation of play hours;
(b) writing of impositions for minor misdemeanours;
(c) change to labour of severe nature for a period not exceeding three months,
(3) A punishment Book shall be maintained in Form No. XVIII by the Superintendent, who shall record full particulars of the punishments inflicted by him/her together with the nature of offences, the names of the offenders and the number of previous punishments awarded to them.
(4) An extract from the Punishment Book shall be sent by the Superintendent to the Chief Inspector before the 10th of every month.
Liquor, intoxicating drugs including opium and ganja shall be prohibited articles and shall not be introduced, received, possessed or transferred in the protective home.
When an inmate of a protective home is sent to a Government Mental Hospital for observation or treatment, action shall be taken by the Superintendent under section 6 (2) of the Indian Lunacy Act, 1912 (4 of 1912) for obtaining reception orders. An inmate who is taken to the Government Mental Hospital with such reception order shall be heated as a "Civil patient".
(1) Whenever the Medical Officer of a protective home considers it necessary to remove an inmate to a Civil Hospital for treatment as an indoor patient, he shall draw up a full statement of the case and forward the same to the Superintendent, who shall forthwith cause the inmate concerned to be sent to the hospital temporarily.
(2) The inmate shall immediately proceed under escort to the Hospital and present herself to the Officer Incharge of the Hospital.
(3) The inmate shall be an indoor patient in the Hospital and shall not leave it until formally discharged therefrom.
(4) The authorities of the Hospital shall give intimation to the Superintendent concerned before discharging the inmate from the Hospital. On receipt of intimation, the Superintendent shall arrange for an escort to fetch the inmate. The railway warrant, subsistence allowance bus or other fare and any other allowances necessary for the inmate and the escort shall be given to the escort so arranged by the Superintendent. Such charges shall also be paid to the escort while removing the inmate from the protective home to the Hospital.
(5) When an inmate is removed for treatment to a Civil Hospital, no charges shall be made against the protective home for the treatment and diet given to the inmate in the Hospital.
(6) A census book in Form XIX shall be maintained in each Home for recording the removal of inmates to hospitals etc.
When an inmate is sent to a Government Mental Hospital or as an indoor patient to a Civil Hospital, the period spent by her in such Hospitals and in going there and return therefrom shall be deemed to be part of the period of her detention or stay in the protective home.
(1) The Government may at any time order an inmate or a protective home to be discharged either absolutely or on such conditions as they approve. In the event of a breach of any such conditions, the inmate shall be liable to be arrested and brought back to the Home.
(2) The Superintendent shall at the end of each month prepare a statement of inmates who have to be discharged in the subsequent month and read out the statement to the inmates.
(3) On the day of discharge, the inmate's state of health shall be recorded by the Superintendent in the Inmates' Register. He/She shall compare the entries in the warrant of committal with those in the Register and shall satisfy himself/herself that they agree and that the term of the inmate has been duly served. He/She shall then sign the endorsement for discharge on the warrant, certifying to the due expiry of the term. The belongings of the inmate shall be handed over to her and the details recorded in the appropriate column in the Inmate's Register. The inmate shall be given food for the day before she is discharged. The inmate shall if necessary be provided with suitable clothing.
(4) Every discharged inmate whose destination is on or near a line or railway shall be supplied with a railway ticket of the lowest class. Payment of the fare shall be made by railway warrant where the cost of the journey exceeds Rs. 5. In other cases, payment shall be made by cash. When a journey is to be made by boat, bus or steamer, the inmate shall be provided with passage or passage money to the halting place nearest to his/her destination at the lowest rate. Every inmate who has to proceed a distance of more than 5 miles by road or more than 3 hours journey by rail or other mode of conveyance shall on discharge be given subsistence allowance at the rate of 8 annas, if the journey will be completed on the following morning and one rupee per day otherwise.
(5) The Government may at any time order suitable inmates of the Protective Homes to be admitted into Homes established under the After Care Programmes of the Government.
(6) The Superintendent of the protective home shall send to the Chief Inspector a quarterly list, 2 months in advance of the quarter showing the names and other particulars of the inmates of the home who are due for discharge during the quarter, so that the Chief Inspector shall either arrange to send them to the Aftercare homes or appoint Aftercare Officers for their supervision on discharge from the protective homes.
(7) The Aftercare Officers appointed for the Aftercare of the ex-inmates of the protective homes shall send monthly reports about their conduct character, health and mode of occupation to the Chief Inspector and to Superintendent of the protective home for a period of one year from the date of discharge and quarterly reports thereafter for 2 years.
(8) A disposal register in Form XX shall be kept in every Protective Home in which full particulars shall be entered of the manner in which every inmate is disposed of on discharge and of her after career. Every effort shall be made by the Superintendent to keep in touch with the inmates for at least 3 years after their discharge.
(9) An annual return in Form XXI shall be made by the Superintendent to the Chief Inspector. The remarks made by the Board of Visitors from time to time during the year to which the return relates shall also be communicated to the Chief Inspector with the return.
(1) The Superintendent, may if possible, arrange for the marriage of an Inmate with a man of her own religion provided that her previous consent in writing and that of her parent or guardian, if she has not attained the age of 18 years, is obtained and provided that no monetary consideration is accepted from the person to whom the inmate is married or from any person interested in him. In case there is no parent or guardian living, the consent of the nearest relation should be obtained. The wishes of the inmate shall in every case be considered.
(2) No such marriage shall be performed without the permission of the District Magistrate.
(1) The Government shall appoint a Chief Inspector for all the Protective Homes in the State.
(2) Among other duties assigned to him by the Government from time to time, the following duties shall appertain to the Chief Inspector:-
(a) he/she shall superintend and control the working of the Suppression of Immoral Traffic in Women and Girls Kerala Rules 1958.
(b) he/she shall have general control over the staff in all Protective Homes in the State.
(c) he/she shall inspect all Protective Homes whether established or licensed by the Government, at least once a year and submit his/ her inspection reports to the Government.
(1) The government may appoint for any local area a Board of Visitors to visit once a month the Protective Homes situated within such local area and to comment and advise on matters affecting the administration of such Protective Homes.
(2) The Government may appoint to a Board Visitors to work as its members such officials and non-officials as it may deem necessary, the total number being not less than 3 and not more than 7, one of whom shall be nominated as President. Non official members may include experienced social welfare workers, particularly women social welfare workers in the filed of suppression of immoral traffic in women and girls.
(3) A non-official member shall hold office for 2 years from the date of his/her appointment and shall be eligible for re-appointment.
(4) It shall be the duty of the Board:
(a) to enquire into and see that the arrangements in the Protective Homes are proper in all respects.
(b) to examine the medical admission and disposal registers and any other connected records:
(c) to see that no inmate is illegally detained in a Home;
(d) to bring any special cases to the notice of the Chief Inspector:
(e) to interview new admission since the last meeting and to hear any representations that the inmates may desire to make; and
(f) to carry out any other duties which may be assigned to the Board from time to time by the Government.
(5) The Board shall hold a formal meeting once in every 3 months. The meeting shall be held in the Protective Home or if there are 2 or more Protective Homes in any area, in each Home by rotation. The Superintendent of the Protective Home in which the meeting is held shall be the Secretary of the Board for the meeting:
(6) No business shall be transacted at the meeting of a Board unless at least 3 Members are present.
(7) The President shall preside at every meeting of the Board at which he/she is present. If the President is absent from any meeting from the Members present shall elect one of the Members to preside over the meeting and the Member so elected shall at that time exercise all the powers of the President.
(8) The President of the Board shall fix the date and hour of the meeting and a week before the date so fixed, a notice thereof, together with an abstract of any special matters to be considered, shall be furnished to the members by the Secretary of the Board.
(9) The minutes of each meeting shall be approved by the President and sent by the Superintendent of the Protective Home in which the meeting is held to the Chief Inspector with his/her remarks.
(10) The Superintendent of each Home shall bring to the notice of the Chief Inspector all cases of failure on the part of any member to attend a meeting. The Chief Inspector shall keep a record of such cases of absence and shall, when any non-official member's attendance is markedly irregular, bring the facts to the notice of the Government who may, if think fit, remove such member from office.
(11) The Superintendent shall be advised by the resolutions of the Board in the management of the home: provided that if, in the opinion of the Superintendent, it would be inconsistent with the Act of these Rules, or inexpedient to give effect to any such resolution, he/she shall submit the resolution for the orders of the Chief Inspector and intimate to the President of the Board the fact of his/her having done so. The order of the Chief Inspector shall be final. It will however be subject to review by the Government who may confirm, rescind or modify such order.
The Superintendent shall cause a Visitors' Book to be maintained at the Protective Home. A copy of the remarks of a visitor recorded in the Visitors' Book shall submitted by the Superintendent to the Chief Inspector soon after the remarks are recorded by the visitor.
The Superintendent shall submit to the Chief Inspector a report on the administration of his/her Protective Home for the previous year, not later than the 15th May of each year. The report shall contain in addition to the salient features in the working of the Home, information regarding the number of inmates admitted, their health, cases of hospitalisation, punishments awarded, number of inmates discharged etc. The Chief Inspector shall send annually to Government in the first week of July each year a report on the working of these rules together with his remarks, if any.
In addition to the registers mentioned in the foregoing rules the following registers shall also be maintained in each Home.
(a) Aftercare Register in Form XXII.
(b) Individuals' Saving Register in Form XXIII
(c) Permanent Advance Register in Form XIV (where permanent advance is sanctioned).
The accounts of the Home shall be liable to be audited annually by the Examiner of Local Fund Accounts.
Any person who commits a breach of Rule 7 or 34 of these Rules, shall, on conviction by a Magistrate, be punishable with fine which may extent to two hundred and fifty rupees.
Form I |
Form of Undertaking (See Rule 4) |
| In the Court of the Magistrate |
I....................of...........do hereby declare that I am willing to take charge of.......aged..................under the orders of the Court, subject to the following terms and conditions. (i) I shall do my best for the welfare of the girl as long as she remains in my charge and shall make proper provision for her maintenance. (ii) If the girl's conduct is unsatisfactory. I shall at once inform the Court. (iii) In the event of the girlās illness, she shall have proper medical attention in the nearest hospital. (iv) The girl shall be free to follow the observances of her own religion. (v) I undertake to produce her before the court when so required. |
Form II |
(See Rule 5) Warrant of commitment to a protective home |
In the Court of To the Superintendent of the Protective Home at Whereas particulars of whom are furnished below has been ordered by me to be detained in a protective home for a period of............. from ...........to........... under sub-section (2) of Section 10/sub-section (2) of Section 17/sub-section (2) of Section 19 of the Suppression of Immoral Traffic in Women and Girls Act, 1956, (104 of 1956). This is to authorise and require you the said Superintendent to receive the said........... ..into your custody together with this warrant and there to detain her for the period referred to above in accordance with the Suppression of Immoral Traffic in Women and Girls (Kerala) Rules, 1958, and to return this warrant with an endorsement certifying the manner of its execution. |
Particulars |
1. Name of the woman or girl 2. Age 3. Religion 4. Marks of identification 5. Offence charged 6. Offence for which convicted 7. Sentence passed 8. Date of sentence 9. Period of detention Given under my hand and seal of the Court, this........... day of........... 195.....
|
(Forms not included)
Notifications I |
Empowering the Additional First Class Magistrate, Kozhikode to exercise jurisdiction under the Act. |
In the exercise of the powers conferred by clause (c) of Section 2 of the Suppression of Immoral Traffic in women and Girls Act, 1956 (Central Act 104 of 1956), the Government of Kerala hereby specially empower the Additional First Class Magistrate, Kozhikode, to exercise jurisdiction under the said Act. |
1.Notification No. G.O.Rt.3080/Home dt.24/10/1958 published in the G. dt. 04/11/1958 P.I. p. 3284.
II |
| Appointing Assistant Superintendents and Deputy Superintendents of Police as Special Officers under the Act |
[Section 13 (1)] |
Under section 13(1) of the Suppression of Immoral Traffic in Women and Girls Act 1956 (104 of 1956) the Government of Kerala hereby appoint the Assistant Superintendents of Police and the Deputy Superintendents of Police as Special Police Officers under the said Act for dealing with offences under the same Act in the areas under their respective jurisdictions. |
II. Notification No. G. O. (Ms) 951/Home (B) dt. 02/08/1958 published in K. G. dt. 05/08/1958 P.l. p. 2425