भारत सरकार / Government of India

Daman 27th August, 2026 5 Bhadra, 1948 (Saka) No. : 59

U.T. Administration of

Dadra & Nagar Haveli and Daman & Diu,

Home Department,

Secretariat, Vidyut Bhawan,

Kachigam, Nani Daman

No. DNH&DD/DIG-Prison/Prison Act/2024/26-27/986 dated 27/08/2026

NOTIFICATION

WHEREAS, Prisons are an important and integral part of the criminal justice system of the

country as they not only discharge the critical role of keeping the offenders in custodial segregation but

also help in the process of reformation of the prisoners through correctional programmes.

AND WHEREAS, the Government of India, Ministry of Home Affairs, New Delhi vide D.O.

No. 17013/22/2023-PR dated 10/05/2023 stated that currently the management of prisons and

administration of prisoners are regulated by two pre-independence era Acts namely, ‘The Prisons Act

1894' and ‘The Prisoners Act 1900'. With the passage of time and evolution of the ideology of

reformation and rehabilitation of prisoners, many of the provisions of these colonial Acts have become

outdated and obsolete in present day times. It has, therefore, been felt that these Acts need to be replaced

by a progressive and robust Act which is in tune with contemporary modern day needs and correctional

ideology.

AND WHEREAS, as part of its constant endeavor to support the States and Union Territories

in efficient prison management, the Ministry of Home Affairs had decided that the pre-independence

era outdated Acts related to prisons may be reviewed and suitably revised. The Ministry had assigned

the task of the review and revision of the Prisons Act, 1894 to the Bureau of Police Research and

Development, who after holding wide ranging discussions with the State Prison authorities and several

correctional experts etc. prepared a draft and submitted to the Ministry.

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

असाधारण

EXTRAORDINARY

प्राधिकरण द्वारा प्रकाधित / PUBLISHED BY AUTHORITY

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

Page 2

AND WHEREAS, with the objective of holistically addressing all relevant issues relating to

prison administration, including the unauthorised use of mobile phone in jails, scientific and

technological interventions in prison management, provision for high security prisons, protecting the

society from the criminal activities of hardened criminals in prisons, vocational training and skill

development of prisoners, reintegration of prisoners into society and the focus on reformation and

rehabilitation of inmates, the Ministry of Home Affairs has finalised a progressive and comprehensive

‘Model Prisons Act, 2023'.

AND WHEREAS, the Government of India, Ministry of Home Affairs, New Delhi also stated

that along with ‘The Prisons Act, 1894', ‘The Prisoners Act, 1900' and ‘The Transfer of Prisoners Act,

1950' have also been reviewed by the Ministry and relevant provisions of these Acts have been

assimilated in the 'Model Prisons Act, 2023.'

AND WHEREAS, the UT Administration of Dadra & Nagar Haveli and Daman & Diu has

constituted a UT Level Committee to review the Model Prison Act – 2023 and develop / suggest

modifications tailored to the UT of Dadra & Nagar Haveli and Daman & Diu’s unique needs and ensure

that the proposed modification adhere to the existing laws and constitutional provisions.

AND WHEREAS, after careful consideration and detailed deliberations by the UT Level

Committee, a comprehensive draft titled the “Model Prison and Correctional Service Regulation, 2026”

has been prepared, incorporating necessary modifications and provisions tailored to the unique

administrative and operational requirements of the Union Territory.

NOW, THEREFORE, a copy of draft “Prisons and Correctional Services Regulation, 2026”

in respect of the UT of Dadra & Nagar Haveli and Daman & Diu is hereby published herewith for

inviting comments / suggestions / objections from all stakeholders. Any person interested in making

any suggestion or objection may do so in writing for consideration of the UT of Dadra & Nagar Haveli

and Daman & Diu within a period of thirty days (30 days) from the date of publication of the said draft

regulation in the Official Gazette of the UT Administration of Dadra & Nagar Haveli and Daman &

Diu through post to the Special Secretary -cum- Director (Home), Dadra & Nagar Haveli and

Daman & Diu, 2nd Floor, Secretariat, Vidyut Bhawan, Kachigam, Nani Daman.

By Order and in the name of

Administrator, Dadra & Nagar Haveli

and Daman & Diu

Sd/–

( Ashish Mohan ),

Special Secretary– cum –

Director (Home),

Dadra & Nagar Haveli and Daman & Diu

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

Page 3

MODEL PRISONS AND CORRECTIONAL SERVICES REGULATION, 2026

ARRANGEMENT OF SECTIONS

CHAPTER I

PRELIMINARY

SECTIONS

1. Short Title, extent and commencement

2. Definitions

CHAPTER II

FUNCTIONS OF PRISONS AND CORRECTIONAL INSTITUTIONS

3. Functions of Prisons and Correctional Institutions

CHAPTER III

PRISON ACCOMMODATION

4. Accommodation for Prisoners

5. Prison architecture and Institutional pattern

6. Categories of Prisons and Correctional Institutions

7. Temporary accommodation for prisoners

CHAPTER IV

ORGANISATIONAL SET UP

8. Directorate of Prisons and Correctional Services

9. Head of Prisons and Correctional Services

10. Other officers of Prisons

11. Recruitment and Training

CHAPTER V

DUTIES OF PRISON OFFICERS AND STAFF

12. Functions and Duties of officer-in-charge

13. Medical officer

14. Duties of other prison officers and staff

15. Exercise of powers of officer-in-charge and Medical Officer in their absence

16. Prison officers and staff not to have business dealings with prisoners and interest in prison

contracts

17. Staff Welfare

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

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CHAPTER VI

USE OF TECHNOLOGY IN PRISON ADMINISTRATION

18. Use of technology in prison administration

CHAPTER VII

ADMISSION, TRANSFER AND DISCHARGE OF PRISONERS

19. Admission of Prisoners

20. Transfer of a prisoner to another State/UT

21. Prisoners to be searched and examined on admission, exit and re-entry

22. Search of Prisoners

23. Articles of Prisoners

24. Admission, transfer and repatriation of foreigner prisoners

CHAPTER VIII

CLAFFIFICATION OF PRISONERS

25. Composition of Classification and Security Assessment Committee

26. Grounds of Classification and categories

CHAPTER IX

PROTECTION OF SOCIETY FROM CRIMINAL ACTIVITIES OF HIGH-RISK PRISONERS,

HABITUAL OFFENDERS AND HARDENED CRIMINALS

27. Taking appropriate measures against criminal activities of prisoners

28. Special provisions for security, intelligence gathering, surveillance and rotation of prison staff

on duty

29. Use of electronic tracking devices on prisoners

CHAPTER X

PRISON REGIMEN FOR WOMEN PRISONERS

30. Separate Accommodation for Women Prisoners

31. Pregnant Women Prisoners

32. Women prisoners with children

33. Inquiry into complaints of sexual harassment

CHAPTER XI

TRANSGENDER PRISONERS

34. Prison Regimen for Transgender prisoners

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

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CHAPTER XII

CUSTODY AND SECURITY OF PRISONERS

35. Safe custody and security of prisoners

36. Visit to Prisoners

37. Search of visitors and prison officers and staff

CHAPTER XIII

DISCIPLINE IN PRISONS

38. Discipline in Prisons

39. Prison Offences

40. Punishment for Prison Offences

41. Punishment for possessing and using mobile phones and other contraband

42. Procedure on repeated committal of a prison offence

43. Display of Prison offences and penalties

CHAPTER XIV

HEALTHCARE FACILITIES

44. Prisoners’ Health Care

45. Mental health - psychological assessment and treatment

CHAPTER XV

WELFARE PROGRAMS FOR PRISONERS

46. Vocational Training, Skill Development, Education and Recreation facilities

47. Establishment of Canteens and Sales Outlets

CHAPTER XVI

SENTENCE PLANNING

48. Individual Sentence Planning

49. Work programme and wages

CHAPTER XVII

OPEN AND SEMI OPEN CORRECTIONAL INSTITUTIONS

50. Open and semi open Correctional Institutions

CHAPTER XVIII

PRISON LEAVE, REMISSION AND PRE-MATURE RELEASE

51. Parole and Furlough

52. Remission to prisoners

53. Pre-mature release

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

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CHAPTER XIX

INSPECTION OF PRISONS

54. Inspection of Prisons

CHAPTER XX

AFTER-CARE AND REHABILITATION SERVICES

55. After-care and Rehabilitation Services

CHAPTER XXI

MISCELLANEOUS

55(A). Prohibition of Caste-based discrimination in Prisons and Correctional Institutions.

55(B). Rights and Facilities of Prisoners with Disabilities

56. Legal Aid

57. Constitution of Under Trial Review Committees for every district

58. Report on the death of a prisoner

59. Grievance Redressal Mechanism

60. Utilisation of services of prisoners

61. Prohibition of strike and agitation

62. Emergency

63. Extramural Custody, Control and Employment of Prisoners

64. Prison Development Board

65. Delegation of Powers

66. Accounts and Audit

67. Protection of action taken in good faith

68. Powers of the Government to make rules

69. Repeal and Saving

70. Power to remove difficulties

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

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PRISONS AND CORRECTIONAL SERVICES REGULATION, 2026

A regulation to amend the law relating to Prisons and provide for the safe custody, correction,

reformation and rehabilitation of prisoners as law abiding citizens, and management of prisons and

correctional services in the Union Territory of Dadra & Nagar Haveli and Daman & Diu and for matters

connected therewith or incidental thereto.

Preamble:

WHEREAS, it is expedient to provide for the safe custody, correction, reformation and

rehabilitation of prisoners as law abiding citizens, and management of prisons and correctional services

in the Union Territory of Dadra & Nagar Haveli and Daman & Diu and for matters connected therewith

or incidental thereto.

It is hereby enacted in the seventy fifth year of the Republic of India as follows :-

CHAPTER-I

PRELIMINARY

1.

Short Title, extent and commencement -

1)

This Regulation may be called the Prisons and Correctional Services Regulation, 2026.

2)

It extends to the whole of the UT of Dadra & Nagar Haveli and Daman & Diu.

3)

It shall come into force on such date as the Government may, by notification in the official

Gazette, appoint and different dates may be appointed for different provisions of this

Regulation, and any reference in any such provision to the commencement of this Regulation

shall be construed as a reference to the coming into force of that provision.

2.

Definitions - In this regulation, unless the context otherwise requires :

1)

After-care service means a service or activity aimed at the rehabilitation of the released

prisoner for enabling him to lead life as a dutiful citizen.

2)

Civil Prisoner means any prisoner who is not committed to custody under a writ, warrant or

order of any court or authority exercising criminal jurisdiction, or by the order of a court

martial and who is not a detenue.

3)

Convict means any prisoner under sentence of a court exercising criminal jurisdiction or court

martial.

4)

Correctional Service means any service or program aimed at the reformation and rehabilitation

of an inmate, and includes services related to the assessment, supervision, treatment, training,

control, custody of an inmate.

5)

Court includes any officer lawfully exercising civil, criminal or revenue jurisdiction.

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

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6)

Directorate means the Directorate of Prisons and Correctional Services of the State or Union

Territory.

7)

Detenue means any person detained in prison on the orders of a competent authority under any

law providing for preventive detention.

8)

Family means Spouse, children, siblings, parents, grand-parents, grandchildren, and, in the

context of transgender inmates, people related through socio-religious family system.

9)

Foreign Prisoner means any prisoner who is not a citizen of India.

10)

Furlough means short leave granted to a convict, after undergoing a prescribed period of

sentence, as an incentive for maintaining good conduct in prison.

11)

Government means the Government of the Union Territory of Dadra & Nagar Haveli and

Daman & Diu.

12)

Habitual offender means a person who during any continuous period of five years, has been

convicted and sentenced to imprisonment on more than two occasions for one or more

offences committed on different occasions and not constituting parts of the same transaction,

such sentence not having been reversed in appeal or review.

Provided that in computing the continuous period of five years referred to above, any

period spent in jail either under sentence of imprisonment or under detention shall not be

taken into account.

13)

Head of the Directorate of Prisons and Correctional Services means an officer appointed by

the Government to head the Directorate of Prisons and Correctional Services.

14)

High-risk Prisoner means a prisoner with high propensity towards violence, escape, self-harm,

disorderly behaviour, likely to create unrest in the prison and a threat to public order and

includes those engaged in organised crime and terrorist activities.

15)

High Security Prison means an independent self-sufficient prison complex with dynamic and

strengthened security systems with provision for an independent Court complex, etc., to house

convicted and undertrial inmates, who need to be kept in a high security custody area, such as

persons involved in terrorist activities, gangsters, dangerous prisoners, hardened criminals,

habitual offenders, prisoners with high propensity of escape, have the potential of rioting

and negatively influencing other inmates, etc.

16)

History Ticket means the ticket, either in physical or electronic form, exhibiting all

relevant information in respect of a prisoner.

17)

Inmate means any person lawfully confined in a prison and correctional institution.

18)

Institution means a place where prisoners are lawfully confined.

19)

Medical Officer in relation to prisons means a qualified Government medical practitioner

deputed as a medical officer of a prison.

20)

Medical Subordinate Staff means a qualified Medical Assistant, such as Pharmacist, Nurse,

Lab Technician, etc. deputed in a Prison.

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

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21)

Open Correctional Institution means a place for confinement of eligible prisoners on such

conditions, as may be prescribed under the rules, for giving them more liberty outside a regular

prison for facilitating their rehabilitation after release.

22)

Parole means temporary release of a convict for a short period of time for attending to familial

and social obligations.

23)

Prison means any place used permanently or temporarily under general or special orders

of the Government for the detention of prisoners and includes all lands and buildings

appurtenant thereto, but does not include -

(a)

any place for the confinement of prisoners who are exclusively in the custody of the

police;

(b)

any place specially appointed by the Government under Section 417 of the Code of

Criminal Procedure, 1973 (2 of 1974);

(c)

any place which has been declared by the Government by a general or special order

to be a subsidiary jail.

24)

Prison Officer means an officer belonging to the Directorate and includes officers of any other

security force or any other service deployed in the prison for assisting the prison administration

for the safe custody of/providing correctional services to the prisoners.

25)

Prison Staff means an employee appointed by the Directorate, other than a prison officer, who

exercises powers or performs duties or functions related to the administration of this

Regulation or as may be assigned by the Government.

26)

Institution for Young Offenders means a prison for young prisoners established to ensure their

care, welfare and rehabilitation, to provide an environment of education and training

conducive to their reformation.

27)

Prisoner means a person committed to custody in a prison under the writ, warrant, order or

sentence of a Court or a competent authority and includes convicted prisoner, civil prisoner,

undertrial prisoner, prisoner remanded by a court to prison custody under the orders of a

competent authority and a detenue.

28)

Prohibited article (contraband) means any item that presents a threat to the safety or security

of the prisoners, prison staff, prison institution or any object, substance, or material forbidden

by the Prisons and Correctional Institutions or the Government from being in a prisoner's

possession, like cell phone, a communication device, drugs or anything that can be used as

a weapon or to aid in escape, such as fire arms or any of its part, explosives, knives, wire,

tools, chemicals, razor blades, alcohol, matches, lighters or any article, the introduction or

removal of which into or out of a prison is prohibited by this Regulation or by the rules framed

under the Regulation or by any other law or by any notification of the Government.

29)

Recidivist means any prisoner who is convicted for a crime more than once.

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

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30)

Remission means a concession granted to an eligible convicted prisoner by the competent

authority with the prospect of early release from prison by shortening of sentence, as may be

prescribed under the rules.

31)

Rule means a rule made under this Regulation.

32)

Officer-in-charge of the prison means an officer appointed by the competent authority as in-

charge of a prison, namely Superintendent, Deputy Superintendent, etc.

33)

Undertrial prisoner means a person who is not a convict and has been committed to judicial

custody pending investigation by the police or trial by a court of competent jurisdiction.

34)

Wireless Communication Device means a mobile phone, computer, tablet, laptop, palmtop or

any other electronic device used for unauthorized communication using any cellular or satellite

network or any other device notified by the competent authority.

35)

Young Offender means a prisoner who has attained the age of 18 years and has not attained

the age of 21 years.

CHAPTER-II

FUNCTIONS OF PRISONS AND CORRECTIONAL INSTITUTIONS

3.

Functions of Prisons and Correctional Institutions - The functions of prisons shall

be as follows:

(i)

to keep in safe custody, a prisoner committed to it under any writ, warrant or by the

order of any court or any other competent authority;

(ii)

to take suitable measures for the safety and security of prisoners;

(iii)

to provide the prisoners with food, clothing, accommodation, other necessities and

medical treatment;

(iv)

to provide correctional treatment to the prisoners with the objective of rehabilitating

them in the society as law abiding citizens;

(v)

to maintain discipline in the prison in accordance with the provisions of this

Regulation and the rules made thereunder.

CHAPTER III

PRISON ACCOMMODATION

4.

Accommodation for Prisoners - The Government shall provide sufficient number of prisons

and correctional institutions in the Union Territory of Dadra & Nagar Haveli and Daman & Diu

for accommodating the prisoners, which may be constructed and maintained in such manner so

as to comply with the requirements of this Regulation.

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

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5.

Prison architecture and institutional pattern - (1) The pattern of construction of a prison,

ground space, air space, ventilation of cells, barracks, bathing places, kitchen, work-sheds,

hospitals etc. shall conform to such standards and requirements, as may be prescribed under the

rules.

(2) The standards of security for each prison shall be such as may be prescribed under the rules.

(3) Prisons may be designed in such a manner so as to facilitate segregation and separate lodging

of various categories of prisoners and/or for attending to special needs of prisoners, such as

women/transgender/persons with disabilities/persons suffering from contagious disease or

mental illness or substance abuse/old and infirm prisoners, undertrial prisoners, convicted

prisoners, high security prisoners, habitual/recidivist prisoners, young offenders, civil prisoners,

detenues etc, as may be prescribed under the rules.

(4) The setup of prisons and correctional institutions may include accommodation and other

facilities for the prison officers and other staff as per functional requirement.

(5) Wherever there is no provision of a stand-alone High Security Prison in the State/UT, high

risk offenders, hardened criminals and habitual offenders shall be segregated and lodged in

separate barracks or cells of the jail, which shall have a provision of keeping them away from

mingling with other prison inmates, young offenders, first time offenders, etc.

(6) Such separate accommodation as referred to in sub-section (5) shall have appropriate

advanced architecture, design and institutional pattern, as prescribed under the rules, for keeping

inmates in a safe and secure custody.

6.

Categories of Prisons and Correctional Institutions - (1) The Government may establish

various categories of Prisons and Correctional Institutions, such as:

(a) Central Prisons

(b) District Prisons

(c) Sub Prisons

(d) Open Correctional Institutions

(e) High Security Prisons

(f) Exclusive Women Prisons

(g) Institution for Young Offenders

(2) The Government may determine the number of prisons and correctional institutions of any

category and the place at which these may be established.

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

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(3) Each Central Prison/District Prison shall have provision for a separate Ward for

High-Risk Prisoners / hardened criminals / recidivists / habitual offenders, where they may be

lodged separately in cells without the scope of mingling with other inmates so as to protect other

prisoners from their negative influence and radicalised thought process.

(4) Appropriate and advanced security infrastructure and procedures shall be in place for High-

Risk Prisoner Ward in all Central/District Prisons. Such prisons shall also have appropriate

provisions for an independent Court complex for holding court hearings/trials.

7.

Temporary accommodation for prisoners - Whenever it appears to the Government that

-

(i) the number of prisoners in a prison is greater than that can conveniently or safely be kept

therein, and it is not convenient to transfer the excess number to any other prison, or

(ii) whenever due to the outbreak of any disease in any prison, or for any other reason, it is

desirable to provide for temporary shelter and for the safe custody of prisoners, appropriate

provision for temporary prisons may be made, in such manner as the Government may direct,

for the shelter and safe custody of as many prisoners that cannot be conveniently or safely

kept in a prison.

CHAPTER-IV

ORGANISATIONAL SET UP

8.

Directorate of Prisons and Correctional Services - (1) There may be a Directorate of

Prisons and Correctional Services in the Union Territory of Dadra & Nagar Haveli and Daman

& Diu, which shall be responsible for implementing the prison policies laid down by the Union

Territory of Dadra & Nagar Haveli and Daman & Diu Government, and will plan, organise,

direct, coordinate and control various prisons and correctional services and matters connected

therewith and incidental thereto. The Directorate shall consist of such number of officers and

staff as may be prescribed by the Government from time to time.

(2) The institutional set-up may be decided in accordance with the need and requirement of

accommodating the prisoners, the inmate population, workload of prison officers and staff and

the workforce may include executive, ministerial, guarding staff, correctional officers and staff,

medical personnel, etc., as may be prescribed under the rules.

9.

Head of Prisons & Correctional Services - (1) For the administration of Prisons and

Correctional Services, the Government shall appoint the Head of Prisons & Correctional Services

(of appropriate rank as the Government may deem fit), subject to the provisions of the Regulation

and the rules made thereunder.

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

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(2) The Head of Prisons & Correctional Services shall exercise powers and perform duties under

this Regulation and other officers and staff of prisons shall work under the general supervision,

control and direction of the Head of Prisons & Correctional Services.

(3) The Head of Prisons & Correctional Services shall exercise such administrative, financial

and disciplinary powers as may be exercised by a Head of Department and such other powers

specifically conferred upon him by the Government from time to time, as may be prescribed

under the rules.

10. Other officers of prisons - (1) The Government may appoint as many officers as may be

necessary to assist the Head of the Directorate of Prisons & Correctional Services for performing

such duties as may be prescribed under the Regulation and the rules.

(2) For every Prison, there shall be an officer-in-charge, who may be a Superintendent, Additional

Superintendent, Deputy Superintendent or any other officer of the Prisons and Correctional

Services, as prescribed under the rules.

(3) The general administrative control and management of a prison unit shall vest with the

officer-in-charge and other officers and staff shall exercise or perform such duties and functions

under his direction, as may be prescribed under the rules.

11. Recruitment and Training - (1) The qualifications, recruitment, appointment and training of

the officers and staff of the Prisons shall be such as may be prescribed under the rules.

(2) Salaries and other benefits of officers and staff members may be commensurate with the work

performed in a modern prisons and correctional system as may be prescribed under the rules.

(3) Every member of the prison officers and staff in the Prison shall be provided basic induction

training and periodic in-service training to enable them to perform their duties efficiently and

professionally.

CHAPTER-V

DUTIES OF PRISON OFFICERS AND STAFF

12. Functions and duties of officer-in-charge - (1) Subject to the provisions of the Regulation

and the rules made thereunder or under orders and directions of the Head of Prisons and

Correctional Services, the officer- in-charge of a prison shall manage the prison in all matters

including admission of prisoners, security of the prison, correctional programs, allowing visitors

inside the prison, expenditure, discipline, punishment and control and release of prisoners, with

the aid and assistance of other subordinate officers and staff.

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

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(2) The officer-in-charge shall be responsible for the proper upkeep of the prison and all equipments

and machinery, etc. of the prison under his charge.

(3) The officer-in-charge shall be responsible for the safe custody of all documents/records,

including records in electronic format, in his care, and for the money and other articles taken from

prisoners, and perform such other duties and discharge such other functions as may be prescribed

under the rules.

(4) Officer-in-charge of a prison shall exercise such disciplinary powers as assigned to him under

the Regulation or as prescribed under the rules for regulation of prisoners, maintaining prison

discipline and proper management of the prison, including high security Wards.

13.

Medical Officer - There may be a medical officer for every prison. If the post of the medical

officer is vacant, then the medical officer or the doctor in-charge of the Government Hospital

or the resident medical officer of the District Civil Hospital may act as the medical officer of

the Sub-Jail or the District or Central Prison, as the case may be.

14.

Duties of other prison officers and staff - All other prison staff shall discharge their

duties based on the functions and responsibilities assigned for various categories of prison

officers and staff as prescribed under the rules.

15.

Exercise of powers of officer-in-charge and Medical Officer in their absence - All or

any of the powers and duties of an officer-in- charge or a medical officer may, in his absence,

be exercised and performed by such other officer(s), as the competent authority/Head of

Directorate of Prisons may prescribe, either by name or by official designation.

16.

Prison officers and staff not to have business dealings with prisoners and interest in

prison contracts - No prison officer or staff shall have any business dealings with any

prisoner or any relative or friend of a prisoner, directly or indirectly, nor shall he have any

business dealings with any prison/jail institution or have any interest, direct or indirect, in any

contract for supply of provisions or any other article to the prison nor shall he derive any benefit,

directly or indirectly, from the sale or purchase of any such provisions or articles. He shall be

bound by the conduct rules of the service as may be prescribed.

17.

Staff Welfare - The Head of Prisons & Correctional Services may establish a staff welfare

wing to aid and advise the Government in the implementation of welfare measures for prison

officers and staff.

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

Page 15

CHAPTER VI

USE OF TECHNOLOGY IN PRISON ADMINISTRATION

18.

Use of Technology in prison administration - (1) The UT of Dadra & Nagar Haveli and

Daman & Diu shall ensure integration and embedding of appropriate technology for the

effective management and superintendence of prisons and for the safety and security of prisons

and the inmates, which may include biometrics, CCTV system, scanning and detection

devices, Radio Frequency Identification (RFID), video conference facilities, etc. in every

prison for prisoners to attend Court hearings/trials and to provide for seamless biometric

access control system for movement of inmates.

(2) The UT of Dadra & Nagar Haveli and Daman & Diu shall computerize the entire prison

administration and integrate the database with the Interoperable Criminal Justice System. The

UT of Dadra & Nagar Haveli and Daman & Diu shall also develop suitable interfaces for

seamless sharing of information and facilitate the Prison & Prisoner Management System.

(3) The UT of Dadra & Nagar Haveli and Daman & Diu shall use advanced cellular jamming

and cellular detection solutions in the jails to prohibit unauthorised use of cell phones by the

inmates. Latest technological interventions shall be used to detect and prohibit use of cell

phones and other electronic devices in prisons and its use by inmates.

(4) The UT of Dadra & Nagar Haveli and Daman & Diu may use electronic monitoring

technology on prisoners under temporary release/leave from prison, by making use of inmate

tracking devices.

CHAPTER VII

ADMISSION, TRANSFER AND DISCHARGE OF PRISONERS

19.

Admission of prisoners - (1) The officer in-charge of a prison shall receive and detain a

person duly committed to his custody, under this Regulation or otherwise, by any Court or

any competent authority, according to the exigency of any writ, warrant or order by which such

person has been committed to the prison until such person is discharged or removed in

due course of law.

(2) The officer-in-charge of a prison shall, after the execution of such writ, warrant or order

or after discharge of the person committed thereby, return the same to the court by which it

was issued, with a duly signed certificate, showing how the same has been executed or why

the person committed thereby has been discharged from custody before execution thereof.

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

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(3) The Officer-in-charge of a prison shall give effect to any sentence or order or warrant for

the detention of any person, passed or issued by any court or competent authority, under the

provisions of any law for the time being in force.

(4) In case of doubt about legality of a warrant or order, matter should be preferred to concern

Court who has issued such warrant/order.

(5) Pending a reference made under sub-section (4) above, the prisoner shall be detained in

such manner and with such restrictions or mitigations, as may be specified in the warrant or

order.

(6) No person shall be admitted into a prison for detention otherwise than under the

production of a lawful warrant or under any order of commitment addressed to the officer-in-

charge of a prison by a Court or any other competent authority.

20.

Transfer of a prisoner to another State/UT - (1) Where any person is confined in a

prison in the Union Territory of Dadra & Nagar Haveli and Daman & Diu under a sentence

of imprisonment or under sentence of death or in default of payment of a fine or in default of

giving security for keeping peace or for maintaining good behaviour, the UT of Dadra &

Nagar Haveli and Daman & Diu may, with the mutual consent of the Government of any

other State/UT, by order, provide for the transfer of the prisoner from that prison to any prison

in the other State/UT.

(2) The transfer of any undertrial prisoner from one State/UT to another may be done with

the consent of the trial Court.

21.

Prisoners to be searched and examined on admission, exit and re-entry - (1)

Whenever a prisoner is admitted into a prison, he shall be searched and all cash, jewellery,

weapons and prohibited articles or any other article which a prisoner cannot retain with him

shall be taken from him and retained in safe custody of the officer-in-charge of the prison or

an officer authorized by him.

Provided that a woman prisoner or a transgender prisoner shall be searched in an appropriate

manner as may be prescribed under the rules.

(2) Every inmate received in a prison shall undergo such physical and biometric identification

measurements in accordance with the provisions of the Criminal Procedure (Identification)

Act, 2022 and any other law in force.

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(3) Every such prisoner shall be examined, on the same day or not later than 24 hours, by the

medical officer, who shall enter in a record, the health status of the prisoner, including any

illness, present or past.

(4) Every prisoner who leaves a prison or re-enters a prison shall also undergo search and

physical and biometric identification upon each such exit from or entry into Prison.

22.

Search of Prisoners - Any prisoner shall be liable to be searched at any time for detection

of any prohibited article, etc.

23.

Articles of prisoners - All valuable articles of a prisoner, in respect whereof no order of a

competent court has been made, and which, under the rules may, be brought into a prison by

any prisoner or sent to the prison for the inmate’s use, shall be placed in the custody of the

officer authorized by the officer-in-charge in this behalf.

24.

Admission, transfer and repatriation of foreigner prisoners - The information of

admission of a foreigner prisoner in a prison shall be sent forthwith to the Head of the

Directorate of Prisons & Correctional Services and forwarded to the Ministry of External

Affairs, Government of India, or any other agency as may be specified by the Central

Government as may be prescribed under the rules.

CHAPTER VIII

CLAFFIFICATION OF PRISONERS

25.

Composition of Classification and Security Assessment Committee - A Committee

may be constituted for classification and security assessment of prisoners, comprising officers of

the Prisons and Correctional Services and other officers, as may be prescribed under the rules.

26.

Grounds of classification and categories - (1) The Classification and Security

Assessment Committee may classify the prisoners admitted into a prison according to their

age, gender, length of sentence, safety and security requirements, physical and mental health

needs, correctional needs, etc, as may be prescribed under the rules.

(2) The prisoners may be classified under the following broad categories:

(a) Civil prisoners;

(b) Criminal prisoners;

(c) Convicted prisoners;

(d) Undertrial prisoners;

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(e) Detenues

(f) Habitual Offenders

(g) Recidivists

(3) The prisoners classified into different categories as above may be lodged in separate

barracks/enclosures/cells with a view to protect other prisoners from negative influence and

radicalised thought process of the hardened/habitual/high risk prisoners.

(4) The prisoners may also be segregated gender-wise - male, female and transgender and

lodged separately.

(5) The prisoners classified in sub-section (2) above may be further classified under the

following sub-categories and lodged separately:

a. Drug addicts and alcoholic offenders;

b. First time offenders

c. Foreign prisoners;

d. Old and infirm prisoners (65+ years);

e. Prisoners suffering from infectious/chronic diseases;

f.

Prisoners suffering from mental illness

g. Prisoners sentenced to death;

h. High risk prisoners;

i. Women prisoners with children;

j. Young Offenders

(6) Dangerous and high-risk prisoners shall be accommodated in special cells or high security

prisons.

(7) The officer-in-charge shall take special care and caution for ensuring safe and secure

custody of high-risk prisoners, as may be specified by the Government in this behalf.

CHAPTER IX

PROTECTION OF SOCIETY FROM CRIMINAL ACTIVITIES OF HIGH-RISK PRISONERS,

HABITUAL OFFENDERS AND HARDENED CRIMINALS

27.

Taking appropriate measures against criminal activities of prisoners - (1) It shall be

the responsibility of the Directorate of Prisons & Correctional Services and the Police

Department of the State/UT to take all appropriate measures for protecting the society from

the criminal activities of high-risk prisoners, habitual offenders and hardened criminals.

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(2) Based on the details of the crime committed by the inmate, available background record,

history ticket, etc. inmates shall be suitably classified, assessed for their propensity and

potential to negatively influence other inmates and be housed in separate barracks/cells, as may

be appropriate.

(3) With a view to protecting the society and the victims, high risk prisoners, hardened criminals

and habitual offenders shall not be entitled for parole, furlough, or any kind of prison leave in

the normal course.

28.

Special provisions for security, intelligence gathering, surveillance and rotation of

prison staff on duty - (1) Prisons and Correctional Institutions shall ensure special watch and

surveillance on such inmates for preventing organised crime and continued criminal activities

while imprisoned, including gang activity, intimidating witnesses, etc.

(2) For ensuring dynamic security, preventing escapes, instances of disorder and criminal

activity in prisons, appropriate provision for intelligence gathering from prisoners, careful

observation, monitoring of prisoners and analysis of the relevant information may be done by

the Prisons and Correctional Services in coordination with the Intelligence Wing of the

State/UT Police Department.

(3) The State/UT shall ensure strengthened and effective measures for periodic search and

detection of contrabands, cell phones, etc. in the cells and barracks of high-risk offenders and

hardened criminals and deploy advanced jamming solutions in such areas, including conduct

of frequent surprise checks.

(4) The prison and other security staff deployed in such sensitive barracks and cells shall be

rotated at periodic intervals to prevent any nexus and complacency in security.

(5) The release of a High-risk/Hardened/Habitual offender convict on completion of sentence

or an under-trial on bail or an inmate released temporarily on parole/ furlough, etc. shall be

informed to the Superintendent of Police of the concerned district, who shall keep a watch on

the activities of such prisoners.

(6) The district administration shall fully secure the movement of the prisoner, in course of

movement to court for judicial proceeding, to the hospital for medical treatment or any other

place, as per writ, warrant or order of the competent authority, as the case may be.

29.

Use of electronic tracking devices on prisoners - Prisoners may be granted prison leave

on the condition of their willingness to wear electronic tracking devices for monitoring the

movement and activities of such prisoners. Any violation by the prisoner shall attract

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cancellation of prison leave, in addition to disqualification from any prison leave being granted

in future, as may be prescribed under the Rules.

CHAPTER X

PRISON REGIMEN FOR WOMEN PRISONERS

30.

Separate accommodation for women prisoners - (1) The Government may establish such

number of exclusive prisons for women prisoners as it may consider necessary, to

accommodate women prisoners. In a prison housing both women and men prisoners, women

prisoners shall be kept in a separate building or a separate part of the same building, with a

separate entrance, in such a manner that they do not come into contact with men prisoners.

All basic facilities as provided in the prison for men may also be provided to women prisoners,

along with such other facilities that meet their gender specific needs.

(2) A separate female ward in the prison hospital maybe created for women prisoners.

(3) In case of exclusive women prison and women enclosure/female ward, only women prison

officials and staff shall be deputed. Male prison officials and security staff can be deployed for

duties outside such prison or enclosure and can be called inside by the officer-in-charge or the

officer on duty, only in case of any situation of emergency or prison offence, as may be

prescribed under the rules.

(4) Women prisoners may be provided access to correctional programs and activities which

take into account their gender specific needs.

31.

Pregnant Women Prisoners - When a woman prisoner is found to be pregnant at the time

of admission or later, the medical officer shall report the fact to the officer-in-charge.

Necessary arrangements shall be made for providing her medical care and diet, as may be

prescribed under the rules.

32.

Women prisoners with children - (1) Women prisoners may keep their children inside the

prison until the child attains the age of six years.

(2) A child living with his mother in prison maybe provided with health-care and such other

facilities, as may be prescribed under the rules.

33.

Inquiry into complaints of sexual harassment - Any complaint or information of sexual

harassment of a woman prisoner shall be acted upon without delay as per the provisions of

law.

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CHAPTER XI

TRANSGENDER PRISONERS

34.

Prison Regimen for Transgender prisoners - (1) Separate enclosures/wards for transgender

prisoners, both transmen and transwomen, may be provided, as prescribed under the rules.

(2) Transgender prisoners maybe provided access to any specific health-care or psycho-social

needs.

(3) Transgender prisoner may be provided access to correctional programs and activities.

CHAPTER XII

CUSTODY AND SECURITY OF PRISONERS

35.

Safe custody and security of prisoners - (1) The officer-in-charge of the prison shall be

responsible to undertake effective measures for ensuring safe custody and security of prisoners.

These measures may not be limited to but may include the following:

Secure walls, building gates, good lighting system, central point monitoring of prisoners,

watch towers, power fencing, control of prohibited articles, system for gathering intelligence

information, closed circuit televisions and other advanced gadgets and devices for guarding

purposes and preventing access to prohibited articles in prisons, etc.

(2) The Head of Prisons & Correctional Services shall be empowered to transfer a prisoner to

any other prison in the State/UT, as may be prescribed under the rules.

(3) On the request of the officer-in-charge, the local police authorities shall provide necessary

assistance to the prison authorities, for escorting a prisoner to a court or for visit to hospital or

for custody parole, etc. and for ensuring the safe custody of any prisoner who poses a special

risk, including escape from prison, rioting, arson or resorting to any violent means affecting

the law and order and discipline in the prison.

(4) The manner of use of restraint and force on prisoners may be regulated as prescribed under

the rules.

36.

Visit to Prisoners - (1) Prisoners may communicate with their Visitors, namely family

members, relatives and friends through physical or virtual mode, under proper supervision of

prison authorities. Visitors to inmates shall be verified/authenticated through biometric

verification/identification.

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(2) The name, address, photograph and biometric identification of each visitor to the inmate

shall be entered into record as prescribed under the rules.

(3) Foreigner prisoners may communicate with their family members and consular

representatives, as prescribed under the rules.

(4) Prisoners may communicate with their legal counsel, as prescribed under the rules.

37.

Search of visitors and prison officers and staff - (1) All visitors to prisoners shall be

searched in a manner as prescribed under the rules.

(2) In case any visitor refuses to get himself searched, he shall be denied admission to the

prison and such decision shall be entered into record.

(3) Appropriate provisions for search of visitors who are women, transgender or persons with

disabilities may be made, as prescribed under the rules.

(4) All prison officers and staff shall be searched, upon each entry to the prison and each exit

from the prison.

CHAPTER XIII

DISCIPLINE IN PRISONS

38.

Discipline in Prisons - (1) The officer-in-charge shall have the necessary authority and will

be responsible for maintaining discipline in the prison and amongst the prisoners, prison officers

and staff, in accordance with the provisions of this Regulation and rules made thereunder.

(2) The manner of enforcing discipline in the prisons shall be such as may be prescribed under

the Rules.

(3) It shall be the duty of every prisoner to obey the orders and instructions of a prison officer

and to abide by the provisions of this Regulation and to comply with such other directions as

may be prescribed under the rules.

39.

Prison Offences - The

following acts are declared as prison offences, when committed by

a prisoner, namely:

(i)

wilful disobedience of any rule or regulation of the prison, as prescribed under this

Regulation or under the rules made thereunder;

(ii) any assault or use of force on anyone;

(iii) deliberate and persistent use of insulting or threatening language;

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(iv) immoral or indecent or disorderly behaviour;

(v) wilfully disabling himself from labour;

(vi) continuously refusing to work if the prisoner has been punished with rigorous

imprisonment;

(vii) wilful idleness or negligence at work by any convict prisoner sentenced to rigorous

imprisonment;

(viii) wilful mismanagement of work by any convict prisoner sentenced to rigorous

imprisonment;

(ix) wilful damage to prison property;

(x) tampering with or defacing history tickets, records or documents, maintained in physical

or electronic form;

(xi) receiving, possessing or transferring any prohibited article;

(xii) wilfully making a false accusation against any prison official;

(xiii) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of

any fire, any plot or conspiracy, any attempt to escape or preparation to escape or attack

on any prisoner or any other person or prison official;

(xiv) escape or attempt to escape, conspiring to escape, or to assist in escaping;

(xv) unauthorized use or possession of wireless communication devices and/or their ancillary

components;

(xvi) trespassing in or loitering about in the prison premises where entry may not be allowed;

(xvii)

unauthorized communication with any person outside prison;

(xviii)

pretending to be a prison official or employee of the Directorate;

(xix) smuggling or attempting to smuggle or to have in possession any prohibited article in

the prison;

(xx) intimidating fellow prisoner(s) into making false representation against the prison

officials;

(xxi) participating in or inciting mass hunger strike or any other act of defiance or

indiscipline;

(xxii)

sexual harassment or sodomy;

(xxiii)

participating in, or organizing anti-social activities like gambling;

(xxiv) aiding or abetting the commission of any of the aforesaid offences.

40.

Punishment for Prison Offences -

The officer-in-charge, after conducting an inquiry as

prescribed under this Regulation and the rules made thereunder, may impose any of the

following punishments with respect to the prison offences indicated in section 39 above,

except in such cases which constitute an offence under the Indian Penal Code, 1860 or any

other special or/and local laws:

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(1) A formal warning, which means a warning personally addressed to a prisoner by the

officer-in-charge and recorded in the punishment book and in the prisoner’s history ticket;

(2) Stoppage of recreational facilities up to a period of one month.

(3) Forfeiture of remission earned for a period upto three months.

(4) Stopping visits of all visitors for a period of not more than one month (does not include

the visit of an advocate).

(5) Separate confinement for a period not exceeding one month.

41.

Punishment for possessing or using mobile phones and other contraband - (1) Prison

inmates are forbidden from possessing or using mobile phones and other electronic

communication devices in prisons. Whoever, being a prisoner or a visitor or a prison official,

in contravention of any provisions of the Regulation or rules made thereunder, is found

possessing or using such devices or introduces or removes or attempts by any means

whatsoever, to introduce or remove into or from any prison or supplies or attempts to supply

to any prisoner, any prohibited article, and every officer or staff of a prison who, contrary to

any such rule, knowingly allows any such article to be introduced into or removed from any

prison, to be possessed by any prisoner or to be supplied to any prisoner and whoever, contrary

to any such rule, communicates or attempts to communicate with any prisoner, and whoever

abets any offence made punishable by this section, shall, on conviction before a Magistrate, be

liable to imprisonment for a term not exceeding three years, or fine not exceeding twenty five

thousand rupees, or both.

(2) Whoever, being a prisoner or a visitor, or a prison official, is found in possession of, or

operating or using, an electronic device or a wireless communication device or any of its

ancillaries or components, or if any such person is found to be assisting or abetting or

instigating in the supply thereof, or if any such person is found to be manipulating, damaging

or destroying any equipment in the prison, electronic or otherwise, shall, on conviction before

a Magistrate, be liable to imprisonment for a minimum period of two years which may extend

to three years or with fine not exceeding twenty-five thousand rupees or with both.

(3) The prisoner shall undergo the sentence awarded under sub-section (1) or sub-section (2)

above on completion of any sentence if already undergoing.

(4) The offences mentioned in sub-sections (1) and (2) above, shall be cognizable and non-

bailable.

42.

Procedure on repeated committal of a prison offence - If any person in the prison

premises is guilty of an offence against prison discipline, which by reason of his having

frequently committed such offence or otherwise, in the opinion of the officer-in-charge, is not

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adequately punishable by the infliction of any punishment which he has the power to inflict

under this Regulation, the officer-in-charge shall forward the case of such prisoner to the

competent Magistrate having jurisdiction, together with a statement of the circumstances, and

such Magistrate shall thereupon try the charge so brought against the prisoner, and upon

conviction, may sentence him to imprisonment which may extend for a period up to three

years. Such term shall be in addition to any other term which such prisoner may be already

undergoing.

43.

Display of prison offences and penalties - The officer-in-charge may cause to be affixed,

at a conspicuous place inside the prison, a notice in English and in the vernacular language,

setting forth the acts prohibited under this Regulation and the penalties incurred by their

commission, for the information of the prisoners and prison staff.

CHAPTER XIV

HEALTHCARE FACILITIES

44.

Prisoners’ Health Care - All prisoners will have access to adequate, gender-responsive

health care facilities as may be prescribed under the rules.

45.

Mental health - psychological assessment and treatment - (1) The Government may,

by a general or special order, direct the transfer of any prisoner with mental illness from the

place of detention to any mental health establishment in the Union Territory of Dadra & Nagar

Haveli and Daman & Diu with prior permission of the Board mentioned in Sec.103 (Chapter

XIII) of the Mental Healthcare Act, 2017.

(2) The method, modalities and procedure by which transfer of a prisoner under this section

is to be effected shall be such as may be prescribed under the rules.

CHAPTER XV

WELFARE PROGRAMS FOR PRISONERS

46.

Vocational Training, Skill Development, Education and Recreation facilities - (1)

The prisoners may be provided appropriate opportunity for enhancing their educational

qualification, including making provision for library facilities in a prison, as may be

prescribed under the rules.

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(2) Vocational training and skill development programs may be provided to prisoners as part

of prison correctional programs. These programs may be diverse in nature to facilitate

rehabilitation of the prisoners, as prescribed under the rules.

(3) The officer-in-charge may organize spiritual, cultural, and recreational programs, etc. for

the prisoners, as may be prescribed under the rules.

(4) The Government may frame a scheme which may be called the Prisoners Welfare Fund

for the welfare of the prisoners in the UT.

47.

Establishment of Canteens and Sales Outlets - Canteens and Sales Outlets may be

established in a prison for the sale of products, including jail products to the prisoners, prison

staff and the public, as may be prescribed under the rules.

CHAPTER XVI

SENTENCE PLANNING

48.

Individual Sentence Planning - (1) A sentence plan setting out the program of treatment

may be prepared by the officer-in-charge, which will help in the prisoner’s rehabilitation and

social reintegration, as may be prescribed under the rules.

(2) The individual sentence plans may be updated and recorded in the prisoner files on periodic

basis.

49.

Work programme and wages - (1) Every prisoner, including undertrial prisoner or civil

prisoner or prisoner sentenced to simple imprisonment, while in custody, may be provided the

opportunity of work, if available, and be paid commensurate wages, as prescribed under the

rules.

(2) The record of wages earned and spent by any inmate, particulars of deferred wages and

matters incidental thereto shall be maintained by the officer-in-charge.

CHAPTER XVII

OPEN AND SEMI OPEN CORRECTIONAL INSTITUTIONS

50.

Open and semi open Correctional Institutions - (1) The Government may establish and

maintain as many open and semi-open correctional institutions for prisoners, as may be

required.

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(2) The Government may allow such facilities or concessions in such open or semi-open

correctional institution which may assist the prisoner in his rehabilitation into the society, as

may be prescribed under the rules.

(3) The rules for management of open or semi-open institutions, including the procedure and

eligibility of prisoners who can be transferred to such correctional institutions, dealing with

prisoners who violate any condition of transfer to an open or semi open correctional

institution, etc. shall be such as may be prescribed by the Government.

Chapter XVIII

PRISON LEAVE, REMISSION AND PRE-MATURE RELEASE

51.

Parole and Furlough - (1) Prison leave may be granted to eligible convicted prisoners as an

incentive for good behaviour and responsiveness to correctional treatment with the objective

of their rehabilitation, as may be prescribed under the rules.

(2) There may be the following types of prison leave, namely:

a)

Regular Parole

b) Emergency Parole

c)

Furlough

(3) Regular Parole may be granted to eligible convicts by the competent authority under such

conditions and for such purposes as may be prescribed under the rules. The period spent on

regular parole may not exceed thirty days at a time and may not be granted more than two

times in a year. The period spent on regular parole shall not be counted as part of sentence.

(4) Emergency Parole may be granted by the competent authority to eligible convicts in rare or

emergent situations, under police protection for a period extending upto 48 hours, as prescribed

under the rules. The period spent under this parole shall be counted towards part of sentence.

(5) Furlough may be granted to eligible convicts by the competent authority, as an incentive

for maintaining good conduct and discipline in the prison after the completion of three years

of incarceration for a period not more than 14 days in a year. The period spent on furlough

shall be counted as part of sentence served by the prisoner.

(6) For prisoners governed by any of the laws relating to the Armed Forces of the Union, the

grant of leave shall be subject to the provisions of those laws.

(7) For public safety and preventing parole jumping, prisoners may be granted prison leave on

the condition of their willingness to wear electronic tracking devices for monitoring the

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movement and activity of such prisoners. Any violation by the prisoner shall attract

cancellation of prison leave, in addition to disqualification from any prison leave being granted

in future, as may be prescribed under the Rules.

(8) If a prisoner on parole or furlough fails to surrender on the due date, upon intimation by

the officer-in-charge of the Prison, the police shall arrest the prisoner under the provisions of

section 224 of the Indian Penal Code 1860 and take action as per the provisions of law.

52.

Remission to prisoners - (1) Subject to the overall good behaviour and conduct of a convicted

prisoner while serving the sentence, remission may be granted by the competent authority, as

may be prescribed under the rules.

(2) The period and criteria of granting remission shall be such as may be prescribed under

the rules.

53.

Pre-mature release - Pre-mature release may be allowed to a prisoner by the competent

authority with the objective of his rehabilitation and reintegration into the society. The

Government may constitute a Sentence Review Board for considering and recommending

cases for premature release of a convicted prisoner in appropriate cases under the provisions

of the Code of Criminal Procedure, 1973 (2 of 1974), as prescribed under the rules.

CHAPTER XIX

INSPECTION OF PRISONS

54.

Inspection of Prisons - (1) There may be a two-fold system for inspections of prisons:

(a) Inspection conducted by senior prison officers -The Head of Prisons & Correctional

Services may have a prison inspected by an officer of appropriate rank at periodic

intervals, as may be prescribed under the rules; and

(b) Inspections conducted by the Board of Visitors - Board of Visitors may be headed by the

District Judge/Additional District Judge/Sub divisional Judicial Magistrate, as the case

may be, and may comprise of such other official and non-official members for carrying

out such functions, as may be prescribed under the rules.

(2) Every inspection shall be followed by a written report to the officer-in- charge of the Prison

and to the Head of the Directorate of Prisons & Correctional Services.

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CHAPTER XX

AFTER-CARE AND REHABILITATION SERVICES

55.

After-Care and Rehabilitation Services - The Government may endeavour to provide after-

care services to all needy prisoners released from a prison with a view to ensuring their

rehabilitation and reintegration into the society.

CHAPTER XXI

MISCELLANEOUS

55(A).

Prohibition of Caste-based discrimination in Prisons and Correctional Institutions.

(1) It shall be strictly ensured that there is no discrimination/classification/ segregation of

prisoners on the basis of their caste.

(2) It shall be strictly ensured that there is no discrimination of prisoners in allotment of any

duty/work in prisons on the basis of their caste.

(3) The provisions of 'The Prohibition of Employment as Manual Scavengers and their

Rehabilitation Act, 2013' shall have a binding effect even in Prisons and Correctional

Institutions. Manual scavenging or hazardous cleaning of a sewer or a septic tank inside a prison

shall not be permitted.

55 (B). Rights and Facilities of Prisoners with Disabilities

(1) Non-Discrimination : No prisoner shall be discriminated against on grounds of disability.

All prisoners with disabilities shall be entitled to equality, dignity, and respect for their integrity

on an equal basis with others.

(2) Accessibility : All prison infrastructure, including cells, toilets, medical units, educational

and vocational training centres, and grievance redressal systems, shall be made accessible in

accordance with the standards specified under the 'Accessibility Standards and Guidelines

notified by MHA.

(3) Healthcare and Rehabilitation : Persons with disabilities shall be provided with appropriate

healthcare, including psychiatric and psychological services, as well as access to rehabilitation

programs and therapies.

(4) Screening and Identification : All incoming prisoners shall be screened for disabilities at

the time of admission. Relevant prison records must reflect their specific needs to ensure suitable

accommodations and assistance.

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(5) Staff Training : Prison staff shall undergo regular training to sensitize them to the rights,

needs, and appropriate handling of prisoners with disabilities.

56.

Legal Aid - The Government may provide the facility of free legal aid to the prisoners in

accordance with the provisions of ‘the Legal Services Authorities Act, 1987’ and the Standard

Operating Procedure prescribed by National Legal Services Authority/State Legal Services

Authority/ District Legal Services Authority or as may be prescribed under the rules.

57.

Constitution of Under Trial Review Committee for every district -

(1) There shall be an Under Trial Review Committee for every district, headed by the District

and Sessions Judge, and comprising of such other members and for carrying out such functions,

as may be prescribed under the rules.

(2) The Committee shall meet periodically and review the cases of eligible prisoners in

all prisons of the district, and make appropriate recommendations.

58.

Report on the death of a prisoner - On the death of any prisoner, the Medical Officer

shall forthwith record all relevant details and particulars of the case, as may be prescribed under

the rules, and send the report to the officer-in-charge of the prison and the Head of Prisons and

Correctional Services.

59.

Grievance Redressal Mechanism - There may be an appropriate mechanism for redressal of

the grievances of the prisoners and prison staff, as may be prescribed under the rules.

60.

Utilisation of services of prisoners - The officer-in-charge may utilize the services of

prisoners in accordance with the rules for the day-to-day administration and management of

the prisons, as may be prescribed.

61.

Prohibition of strike and agitation - No prisoner, visitor or any person employed in the

prison, shall have any right to strike or start or continue any agitation inside the prison for

achieving any request or demand.

62.

Emergency - The officer-in-charge shall, as may be prescribed under the rules, take all

appropriate measures, including the procurement of necessary equipments and preparation

of a contingency plan, for preventing and controlling any emergency situation in the prisons,

including ensuring availability of Quick Reaction Team, etc. and any other provision in

conformity with the Disaster Management Act, 2005 or any other relevant Act and orders or

instructions issued by any competent authority.

63.

Extramural Custody, control and employment of prisoners - A prisoner, when being

taken to or from any prison, in which he may be lawfully confined, or to a court for production

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or to a hospital for medical treatment, or whenever he is working outside or is otherwise beyond

the limits of any such prison in or under the lawful custody or control of a prison officer

belonging to such prison, or any other officer deployed for such duty, shall be deemed to be in

prison and shall be subject to all directions and discipline, as if he were actually in prison.

64.

Prison Development Board - (1) The Union Territory of Dadra & Nagar Haveli and Daman

& Diu may set up a Prison Development Board with the objective of modernizing prison

infrastructure and facilities for better prison management, correctional and reformational

activities for prisoners and welfare of the prison staff.

(2) The composition of such Board, its responsibilities, and manner of governance etc., shall

be such as may be prescribed under the rules.

65.

Delegation of Powers - Any of the powers conferred by this Regulation may be exercised

and performed by such officers as the Government may designate in this regard.

66.

Accounts and Audit - The accounts of every prison shall be maintained and audited in

such manner as may be prescribed by the Government.

67.

Protection of action taken in good faith - No suit, prosecution or other legal proceeding

shall lie against the Government or any functionary of the Government in respect of anything

which is done or intended to be done in good faith in pursuance of this Regulation or the rules

made or orders or directions issued thereunder.

68.

Powers of the Government to make rules - The Government may, by notification in the

official Gazette, make rules consistent with this Regulation.

69.

Repeal and Saving - (1) The Prisons Act, 1894 (9 of 1894), The Prisoners Act, 1900 (3 of

1900) and Transfer of Prisoners Act, 1950 (29 of 1950) as applicable to the UT of Dadra &

Nagar Haveli and Daman & Diu, are hereby repealed.

(2) Notwithstanding this Regulation, all the rules, regulations, orders, directions, notifications

relating to prisons made under these Acts and in force immediately before the commencement

of this Regulation shall, except where and so far, as they are inconsistent with or repugnant to

the provisions of this Regulation, continue to be in force until altered, amended or repealed by

rules made under this Regulation.

70.

Power to remove difficulties - (1) If any difficulty arises in giving effect to any of the

provisions of this Regulation, the Government may, by order published in the Official Gazette,

make such provisions or take such measures, not inconsistent with the provisions of this

Regulation, as may appear to be necessary or expedient for removing the difficulty.

EXTRAORDINARY No. 59 THE GAZETTE OF DNH & DD

Page 32

(2) The Government may make an order under sub-section (1) to have effect from any date

not earlier than the date of commencement of this Regulation.

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Published by : e-gazette, Department of Planning & Statistics, DNH & DD.