[ 93 ]

GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O. Ms. No. 73, Puducherry, dated 3rd August 2021)

NOTIFICATION

In exercise of the powers conferred under section 59 of the Prison

Act, 1894 (Central Act IX of 1894) and in supersession of the existing

Government of Puducherry, Home Department’s Notification issued in

G.O. Ms. No.7, dated 1st March 1969 and published in the Gazette of

Puducherry, Extraordinary No. 23, dated 1st March 1969, except as

respects things done or omitted to be done before such supersession,

the Lieutenant-Governor, Puducherry, hereby makes the following rules,

namely, “The Puducherry Prison Rules, 2021” and published for the

general information.

(By order of the Lieutenant-Governor)

M.V. HIRAN,

Under Secretary to Government (Home).

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No. 20

Poudouchéry Mardi

Août

2021

No.

Puducherry

Tuesday

17th

August

2021

(26 Sravana 1943)

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[PART–II

PUDUCHERRY PRISON RULES, 2021

CHAPTER–1

PRELIMINARY

1. Short title, extent and commencement.— (1) These rules may

be called Puducherry Prison Rules, 2021.

(2) They shall extend to the Union territory of Puducherry.

(3) They shall come into force immediately.

2. Definitions.— In these rules unless the context otherwise

requires:- (i) “Act” means, the Prisons Act, 1894 (Central Act IX of 1894)

and the Prisoners Act of 1900 (Central Act 3 of 1900);

(ii) “Adult Prisoner” means, any inmate who is more than

21 years of age;

(iii) “Assistant Jailer” means, Assistant Superintendent;

(iv) “Casual Prisoner” means, a convicted criminal prisoner

other than a habitual offender;

(v) “Chief Superintendent of Jails” means, the Head of the office

of the Jails Department for the purpose of Rule 14 of the Delegation of

Financial Powers Rules, 1978 and such other rules made applicable in

the Union Territory from time to time;

(vi) “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 order of a Court martial and who is

not a detenue;

(vii) “Competent Authority” means, any officer having

jurisdiction and due legal authority to deal with a particular matter in

question;

(viii) “Convict” means, any prisoner under sentence of a Court

exercising criminal jurisdiction or Court martial and includes a person

detained in prison under the provisions of Chapter VIII of the Code of

Criminal Procedure, 1973 and the Prisoners Act, 1900 (Central Act 3 of

1900);

(ix) “Correctional Administration” means, the administration of

services aimed at the reformation and rehabilitation of the offenders;

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(x) “Correctional Officers” means, who works as a guard at a

Prison;

(xi) “Court” means, any officer lawfully exercising civil, criminal

or revenue jurisdiction;

(xii) “Detenue” means, any person detained in prison at the

order of the Competent Authority under the relevant preventive laws;

(xiii) “District Magistrate” means, the District Collector of the

District, where the prison is located;

(xiv) “Government” means, the Administrator of the Union

territory of Puducherry appointed by the President of India under

Article 239 of the Constitution;

(xv) “Geriatric Prisoner” means, a prisoner who has attained

60 years and above and medically unable to manage his/her daily affairs

independently without assistance;

(xvi) “Habitual Offender” means, a convicted criminal prisoner

classified by the Court as such in accordance with provision of law or

rules;

(xvii) “High Risk Offender” means, a prisoner with high

propensity towards violence, escape, self-harm, disorderly behavior, and

likely to create unrest in the jail and threat to public order. Also includes

persons intermittently suffering from suicidal tendencies and persons

with substance-related and addictive disorders suffering from

intermittent violent behavior;

(xviii) “History Ticket” means, the ticket exhibiting such

information as is required in respect of each prisoner by the Act or the

Rules thereunder;

(xix) “Imprisonment” means, imprisonment as defined in the

Indian Penal Code, 1860;

(xx) “Inmate” means, any person kept in an Institution;

(xxi) “Institution” means, a place where prisoners are lawfully

confined;

(xxii) “Inspector-General of Prisons” means, an officer appointed

as such by the Government under section 5 of the Prisons’ Act, 1894;

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[PART–II

(xxiii) “Law Officer” means, any officer appointed by

Government of Puducherry representing the Prison Department before

various Courts and rendering advice in the matters relating to

management of prison and prisoners liaison with Government Counsels;

(xxiv) “Magistrate” shall include every person exercising all or

any of the power of a Magistrate under the Code of Criminal Procedure;

1973;

(xxv) “Medical Officer” means, in relation to prisons, a gazetted

officer of the Government and includes qualified medical practitioners

declared by general or special orders of the government to be a medical

officer;

(xxvi) “Military Prisoner” means, a prisoner convicted by Court

Martial;

(xxvii) “Offence” means, any act or omission made punishable

by any law for the time being in force;

(xxviii) “Offender” includes a young offender and adult

convicted prisoner;

(xxix) “Parent Prison” means, Central Prison, Puducherry, to

which District Jails are attached for purposes of administration;

(xxx) “Prisoner” means, any person confined in prison under

the orders of a Competent Authority;

(xxxi) “Prisoner with Mental Illness” means, a person with

mental illness who is an under-trial or convicted of an offence and

detained in a jail or prison by an order (referred to in section 27 of the

Mental Healthcare Act, 2017);

(xxxii) “Prison” means, a goal or any place used permanently

or temporarily under the general of special orders of the Government

for the detention of prisoners, under section 417 of the Code of Criminal

Procedure, 1973 and includes all land and buildings thereto, but, does

not include.

(a) Any place for the confinement of prisoners who are

exclusively in the custody of Police.

(b) Any place specially appointed by the Government under

section 541 of the Code of Criminal Procedure, 1882

(10 of 1882);

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(xxxiii) “Probation Officer” means, an officer appointed as such

by the Government to undertake probation work under the Probation of

Offenders Act of 1958 or any other law;

(xxxiv) “Prohibited Articles” means, an article which is

prohibited and declared as such under the Prisons Act of 1894 or Rules

made thereunder;

(xxxv) “Remission System” means, the rules in force for

regulating the shortening of sentence of prisoners;

(xxxvi) “Remand Prisoner” means, a person who has been

remanded by Court to prison custody, pending investigation by the

Police;

(xxxvii) “Rules” means, the Puducherry Prison Rules, 2021;

(xxxviii) “Superintendent” means, a person who is appointed by

the Competent Authority to be in charge of a person with such

designation as it may specify;

(xxxix) “Union Territory” means, the Union territory of

Puducherry;

(xl) “Under-trial Prisoner” means, a person who has been

committed to prison custody pending investigation or trial by a

Competent Authority; and

(xli) “Young Offender” means, a person who has attained the

age of 18 years and has not attained the age of 21 years.

CHAPTER–2

CENTRAL PRISON AND PRISONERS TO BE CONFINED

3. Central Prison.— The Central Prison at Puducherry will be the

Central Prison for the Union Territory.

4. Confinement of Prisoners.— The following cases of prisoners

shall be confined in the Central Prison, Puducherry.

(a) All under-trial prisoners remanded to custody and pending

trial or preliminary investigation before any Criminal Court in Puducherry

Region.

(b) All under-trial prisoners from Karaikal, Mahe and Yanam

regions whose cases have been committed to Sessions Court.

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[PART–II

imprisonment for below one week and for three months and above in

Puducherry region.

(d All classes of prisoners convicted and sentenced to

imprisonment for more than one month by the Court in Mahe region.

(e) All classes of prisoners convicted and sentenced to

imprisonment for above six months by the Court in Karaikal and Yanam

regions.

(f) All young offenders convicted and sentenced to

imprisonment for whatever term by the Court in Puducherry region.

(g) All young offenders convicted and sentenced to

imprisonment for more than six month by the Court in Karaikal, Mahe

and Yanam regions.

(h) All cases of women prisoners convicted and sentenced to

imprisonment for whatever term by the Court in Puducherry region.

(i) All classes of women prisoners convicted and sentenced to

imprisonment awarded by any Courts and are kept in Puducherry,

Karaikal, Mahe and Yanam regions.

(j) All civil prisoners committed to Prison by Civil Court in the

Puducherry, Karaikal, Mahe and Yanam regions.

(k) Prisoners in custody en-route from one station to another.

(l) Prisoner summoned to answer a charge or evidence before

the Court in Puducherry.

(m) Prisoners sent by transfer under order of the Inspector-General

of Prisons or Court.

(n) Prisoners convicted by Court Martials and transfer by

Competent Authority.

(o) Prisoners transferred under section 3 of the Transfer of

Prisoners Act, 1950 (Central Act XXIX of 1950).

(p) Prisoners sent to Prison under the Puducherry Prevention

of Anti-Social Activities Act, 2008, Conservation of Foreign Exchange

and Prevention of Smuggling Activities Act, 1974, the Prevention of

Terrorism Act, 2002, Narcotic Drugs and Psychotropic Substances Act,

1985, National Security Act, 1980 and any other form of Preventive

Detention Act and Security prisoners.

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(q) Such other prisoners by General or Special Order by

Government or Courts to be detained.

(r) Mentally Ill prisoners with approval of the Courts for

observation.

CHAPTER–3

INSTITUTIONAL FRAMEWORK

5. Prison structure.— (i) A diversified prison system is imperative

to meet the custodial and correctional needs of various categories of

prisoners. Each prison has to be constructed and maintained on the basis

of certain well-defined norms. The prison structure shall be designed to

provide all the necessary facilities for prisoners to be treated as human

beings and expose them to an environment conducive for their

reformation.

6. Criteria for the Establishment of Prison.— (i) The Government

will establish sufficient numbers of prisons, as far as possible, and

provide minimum needs essential to maintain standards of living in

consonance with human dignity.

(ii) Prisons will ensure that prisoners retain all their rights as

human beings within the limitations of imprisonment as per Article 21

of the Constitution of India.

(iii) Prisons will ensure separation of the following categories

of prisoners:

(a) Women prisoners

(b) Young offenders

(d) Convicts

(e) Civil prisoners

(f) Detenues(Goondas)

(g) High risk prisoners

(h) Prisoners under POCSO Act

(i) Prisoners under NDPS Act

(j) Prisoners under COFEPOSA Act and other laws in force.

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(iv) The prisons’ administration will endeavour to prepare

prisoners to lead a law abiding, self-supporting, reformed and socially

rehabilitated life.

(v) Diversified Institutions will be set up according to

requirements.

(vi) In order to make prisons efficiently manageable units,

norms regarding maximum population for different types of prisons will

be laid down.

(vii) Service conditions of prison personnel shall be such as to

secure and retain the best- suited and qualified persons.

(viii) Efforts will be made to enlist community participation in

effective administration of prison programmes.

7. Institutional Pattern.— (1) Government will adequately provide

for the diversification of institutional resources to cater to the differential

requirements of prisoners in terms of custody and correction. The factors

to be considered will include age, sex, legal status of the prisoner, nature

of crime, length of sentence, security requirements, state of health and

correctional needs. Such a course implies the setting up of separate

institutional facilities for different categories of prisoners, such as:

(a) Prisons/Annexes/Yards for under-trial prisoners;

(b) Maximum security prisons/annexes/yards for High risk

prisoners and habitual or hardened offenders;

(d) Prisons/Annexes/Separate prison for women prisoners;

(e) Prisons/Annexes/Yards for young offenders;

(f) Prisons/Annexes/Special yards for those suffering from

infectious diseases;

(g) Prisons/Annexes/Yards for drug addicts;

(h) In prisons separate places for those arrested during

non-violent socio-political and economic agitation for a declared public

cause.

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(2) A mechanism will be established by the Government for the

classification of prisoners to be housed in various types of institutions

as enumerated in sub-rule (1) and shall lay down the procedure to be

followed. Authorized population for each type of institution and norms

with regard to area/space for prisoners as well as the number of prisoners

to be housed, have also to be specified as suggested in these rules.

This may also include facilities for education, vocational training, work

programmes/place and cultural activities, library, recreation, both indoor

and outdoor, yoga and meditation. Specifications for the staff to be

appointed in each type of institution may also be outlined. Apart from

various types of prisons for specific categories of prisoners, Government

may create temporary prisons to deal with emergent situations.

8. Prison Architecture:-Prison Architecture has to be based on

the following.— (i) The location of a new institution will be decided on

the basis of :-

(a) the functions which the institution has to perform;

b) the training and treatment emphasis; and

(ii) New institutions will not be constructed near easily flooded

and inundated areas, frontiers and international borders, sub-marginal

land areas, sea-faces, airports and congested urban localities;

(iii) While selecting the site for new institutions, factors like

transport facilities, water supply, electric lighting, connections with high

power electric transmission lines, drainage and sewage, communication

facilities (such as posts, telegraphs, telephones and internet) climatic

conditions, facilities for the purchase of institutional supplies, have to

be taken into consideration. Also, institutions like Courts, Civil

Hospitals, Mental Health Centers, educational facilities for children of

prison personnel, should as far as possible be within easy reach;

(iv) No building, other than the prison, will be constructed

within 150 mtrs. of the prison wall of a Central Prisons, within 100 mtrs.

of the prison wall of a District Prison and within 50 mtrs. of the prison

wall of Sub-Prison;

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[PART–II

(v) The architecture of institutions will be governed by two

principles viz.

(a) adequate protection to society through the establishment

of security conditions; and

(b) adequate resources which would be necessary for the

successful implementation of various correctional

programmes. Institutional design and architecture have

to be functional.

(vi) The plan of an institution will be based on a careful

analysis of inmate population, age group, custodial requirement,

diversified work, educational programmes, etc.

(vii) Closed prisons are classified into threecategories, namely,

central prison, district prisons (special sub-jail) and Sub-jail. Authorized

population for these prisons will not exceed 1000,300 and 100 prisoners,

respectively.

(viii) There will be enough open space inside the perimeter wall

to allow proper ventilation and sunlight. The area enclosed within the

four walls of a prison will not be less than 83.61 sq. mtrs. per head

of total capacity. Where, land is scarce the minimum area will be

62.70 sq. mtrs. per prisoner.

(ix) No building inside a prison will be nearer than 50 mtrs. to

the perimeter wall.

(x) The area of an institution will be fixed in accordance with

the needs of an institutional programme.

(xi) The requirements of segregation of inmate groups within

an institution in accordance with the prescribed principles of

classification will be provided for in every building plan. The

requirements of administration and supervision will also be taken into

account while planning buildings.

(xii) Each region/division will have an institution for women

prisoners according to local requirements. Each central, district and sub-

prison will have an enclosure for women-prisoners.

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(xiii) The existing enclosures for women in common prisons will

be renovated to ensure that women prisoners do not come in view of

male prisoners during their passage to and from these enclosures. These

enclosures will have a double lock system-one lock outside and the other

inside, the keys of the latter always remaining with a woman guard

inside. The institutions/enclosures for women prisoners will have all the

requisite facilities with reference to their special needs such as

segregation, protection, pregnancy, child-birth and family care, health

care, training and rehabilitation, etc.

(xiv) Under-trials and detenues will be lodged in separate

institutions away from convicted prisoners.

(xv) Accommodation for prisoners will provide adequate cubic

contents of air, floor space, lighting, ventilation and climatic protection.

All constructions in prison department will adhere to ISI standards.

(xvi) A special cell with adequate technical staff will be set up

at the prison headquarter of the Union territory to plan, monitor and

supervise all constructions and repair works in the department.

(xvii) CCTV cameras shall be installed in worksheds, kitchens,

hospitals, main gate, interview rooms, high security enclosures and in

the premises of the barracks for monitoring purposes

9. Norms for Prison Buildings.— Prison buildings have to be

constructed on the following norms:-

(1) Main Gate:- (i) The minimum dimension of the main gate and

second gate of all the closed prisons will be 3 mtrs. in width and 4 mtrs

in height. Dimension of main and rear gates should be wide that in case

of fire exigencies a fire tender, a bore well rig to dig bore well, a lorry to

transport raw material/logs for factory and ration articles could pass

through these gates. The gate will be made up of a strong steel frame

having vertical round or square steel bars of 25 mm. dia or thickness.

Each gate will have a wicket-gate of atleast of 0.6 mtr. in width and 1.5

mtrs in height. The main gate and the wicket-gates will have strong

locking arrangements from inside. Both gates will have arrangements for

easy opening and closing of shutters. The gates will be covered with

iron sheet from outside up to the height of 2.5 mtrs. The wicket-gates

will have peepholes covered with lead at eye level. The main gate may

be painted with colours identical to that of departmental flag if prescribed

by the Government.

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(ii) Space between two gates will not be less than 16 mtrs. in

length and 6 mtrs. in width to facilitate gate operations. It will have the

following facilities:

(a) A cabin;

(b) Gatekeeper;

(iii) Entry to the prison will only be through a single point, that

is the main gate, and all other entry points, if existing, will be closed

permanently.

(iv) There will be a properly designed administrative block

within the prison complex for efficient functioning of the administration.

(v) A Court room should be setup within the prison complex.

(vi) The reception unit will have necessary facilities for proper

implementation of admission-quarantine-orientation-classification

programme. Physical facilities will be setup in accordance with the

number and type of inmates to be received, and the programme to be

followed for proper segregation of various types of inmates. The unit

will have dormitory and single room type accommodations. Provision

will also be made for following facilities:

(a) a building where the inmates will be initially received,

(b) office-room,

The buildings and areas where the admission programme

has to be carried out will be located in close proximity of

the hospital.

(2) Housing:- (i) There will be three types of living

accommodations as mentioned below:

(a) Barracks with accommodation for not more than 20

prisoners;

(b) Single room accommodation for prisoners needing

privacy for pursuing studies, etc.;

security and contagious diseases.

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(ii) A plate indicating the authorized accommodations will be

attached to the housing unit. Ordinarily, the number of prisoners

confined in a housing unit will not exceed its authorized accommodation.

(iii) An individual secure storage compartment, sufficient in size

to hold personal belongings of the prisoners, shall be provided to each

prisoner.

(iv) Arrangements for appropriate heating facilities in barracks

as well as for washrooms and laundry shall be made for prisoners during

winters.

(v) An individual secure storage compartment, sufficient in size

to hold personal belongings of the prisoners, shall be provided to each

prisoner.

(vi) Arrangements for appropriate heating facilities in barracks

as well as for washrooms and laundry shall be made for prisoners during

winters.

(3) Barracks and Cells:- (i) If, a barrack is flat-roofed, there will

be ceiling ventilation that is, opening at intervals close to the junction

of wall and ceiling 30 x 12.5 mtrs. If, the barrack is gable-roofed, there

will be a ridge ventilator. The minimum height of roofs or ceilings will

not be less than 15 feet from the floor.

(ii) The floor of the barrack will be made of impermeable material

such as cement concrete.

(iii) All barracks will, if possible, be provided with verandas not

less than 2 mtrs. in width.

(iv) Though ventilation of the sleeping barracks is of the

greatest importance, prisoners will not be permitted to close the windows

and ventilation openings with shutters or curtains at their discretion.

In new barracks, the ventilating area per head will be half a window. As

standard grated window is 7 feet x 3 ½ feet, half a window will mean

1 sq. mtrs. The ventilation will, however, be controlled according to the

season wherever necessary; otherwise the barracks will be too cold and

damp during winter and rainy season.

(v) Where accommodation is overcrowded and does not meet

the prescribed standards, secure corridors/verandas and worksheds may

be used for accommodating short term prisoners and under-trials

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[PART–II

involved in minor and petty offences during night. If, at any prison

over-crowding is likely to continue, the excess number of prisoners will

be transferred to other institutions or camps as the case may be, with

prior approval of the Government/Inspector-General of Prisons/Judicial

Officers.

(vi) The structural arrangements of fittings and fixtures and

locking devices of barracks will be secure enough to prevent escapes.

The existing wooden frames of the doors, windows and ventilators will

be replaced by iron/steel frames. The iron bars used in doors, windows

and ventilators will be of 25 mm. dia. and the clear distance between

two bars will be 7.5 cm.

(vii) A barrack will have only one door of 2.2 x 1 mtrs. and will

have a single shutter. The door of a barrack will have clear opening of

1 mtr. The iron frame will be made of angle-iron of minimum of 10 mm.

thickness.

(viii) The measurement of each berth in the ground floor will

normally be 2 x 0.75 mtrs. with a height of 0.45 mtrs.

(ix) A fixed or in-built shelf will be provided for each inmate so

that he may keep his belongings there.

(x) Sufficient artificial light will be provided to enable the

prisoners to work and read without difficulty in their barracks after dusk.

(xi) Each cell/barrack will be provided with a flush toilet, first-aid

kit.

(5) Latrines:- (i) Each barrack used for sleeping will have

sufficient number of attached Water Closets, urinals and wash places.

The ratio of such Water Closets will be one unit per 10 prisoners. The

ratio of the Water Closets which can be used during day time will be

one unit per six prisoners, disinfections should be made twice in a week.

(ii) Latrines will be of the sanitary type with arrangements for

flushing. They will be placed on an impermeable base which will be

higher than the surrounding ground and will be so built that the sun's

rays can easily enter the latrines and rain is kept out. The partitions

separating the latrines will be high enough to provide a reasonable

degree of privacy. Latrines will be so designed that all excreta and wash

materials will get into the receptacles without fouling the sites. Every

seat will be provided with foot rests with an impermeable surface which

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will be in the right position and not too far apart. The inside walls of

latrine will be fitted with glazed ceramic tiles up to the height of 1 mtr.

from the floor level, as far as possible. In hospital, 50% of toilets should

be western type.

(4) Cells:- (i) There will be thorough ventilation of every cell.

At the back of the cell there may be a clerestory window.

(ii) The floor of the cell will be made of impermeable material.

(iii) Each cell will have a yard attached to it where a prisoner

can have the benefit of sufficient air and light.

(iv) It will be provided with a flush latrine. Existing cells will

not be put into use till this facility is provided in them.

(v) Cells will be provided with sleeping berths as prescribed.

(vi) Disinfection should be made twice in a week.

(6) Bathing places:- (i) Every prison will provide covered

cubicles for bathing, at 1:10 ratio of prisoner, with proper arrangements

to ensure privacy. Every prisoner will be required to have bath as

frequently as necessary for general hygiene according to climatic

conditions.

(ii) Taking into consideration that the daily requirement of water

of an individual is about 135 ltrs., there will be an arrangement for the

adequate supply of water in every prison. If feasible, new prisons will

have arrangements for rainwater harvesting and recycling of water,

keeping in view its cost effectiveness.

(iii) Each prison will have an independent standby arrangement

for water supply.

(iv) All prison building shall have rain water harvesting system

to improve the water supply to prison.

(7) Kitchen:- (i) The general kitchen will ordinarily be located at

a central place inside the prison so that the distribution of food among

the prisoners may be finished quickly. The kitchen will not be built close

to the sleeping barracks. It will be well ventilated and lighted. It must

always be kept clean and tidy. The oven will be of the type in which the

heat does not escape outside and the smoke is let out by a suitable

chimney regardless of the type of fuel used. The kitchen will be protected

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by a fly proof wire mesh all around. Sufficient number of exhaust fans

will be installed and artificial ventilation may be provided, if necessary.

The kitchen must be provided with fly-proof automatic closing doors. It

will have floors made of an impermeable material. Each kitchen shed will

be provided with adequate supply of pure water which will be used for

both cooking and washing. The water will be collected from taps inside

the kitchen. It is desirable that no single kitchen caters for more than

250 prisoners. Cooking and serving utensils will be made of stainless

steel. Management of kitchen or cooking of food on caste or religious

basis will be totally banned in prisons.

(ii) There will be a provision for covered dinning space in

prisons so that prisoners may take their meals under a roof and on a

platform.

(iii) There will be two shifts of workers in the kitchen.

(iv) The minimum space requirement in the kitchen will be

150 sq. mtrs. per 100 prisoners. It will facilitate sufficient space for

storage of provision articles, vegetables, dressing and cutting food,

containers and cooking utensils, etc.

(v) The walls of the kitchen will be provided tiles up to a height

of 2 metres for easy cleaning.

(vi) The kitchen complex shall have a barrack to house the

inmates employed for cooking, etc.

(vii) The prisoners working in the kitchen will be provided with

suitable clothing, such as apron, caps, gloves, etc. and also with

250 ml. each of liquid soap and detergent on a fortnightly basis for

cleaning and washing utensils.

(viii) Prison kitchens will be modernized by introducing LPG, hot

plates and steam cooking. Kneading machines, chapati making machines,

mixers and grinders, will also be introduced.

(ix) Adequate fire safety systems shall be installed in the

kitchen.

(8) Hospital:- (i) In every prison, there will be separate hospitals

with the necessary number of beds for indoor treatment with separate

ward for men and women. All central prisons will provide hospital

accommodation for 5% of the authorized inmate population. The location

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of the hospital will be as far away from the barracks as possible. Every

hospital ward will be so constructed as to allow sufficient light and air.

The floors and walls will be made of impermeable material. Latrines and

baths will be provided close to the wards so that the sick prisoners do

not have to walk far to use them. There will be arrangements for

continuous supply of potable water in the hospitals.

(ii) The prison hospital will be situated near the main gate of

the prison, the accommodation provided will include:

(a) Ward for patients;

(b) Toilet and bathing facilities at the rate of one for every

five patients;

(d) Dressing-cum-injection room;

(e) Room for minor surgery;

(f) Room for laboratory;

(g) Room for the Medical Officer;

(h) Isolation rooms for accommodating patients with

infections and contagious diseases(such as T.B., Leprosy

and H.I.V +/AIDS);

(i) Isolation rooms for accommodating mentally ill patients.

(iii) Adequate fire safety systems will be installed in prison

hospitals.

(9) Worksheds:- Areas where prisoners work will have a minimum

space of 500 cubic feet per prisoner in structures that will be constructed

as workshops or factory buildings; for efficient ventilation, the window

area will not be less than 20% of the floor area subject to such variations

as are found necessary in relation to particular industries or locations

to be organized.

(ii) As far as possible, work sheds should be located in a single

enclosure for gate control and security.

(iii) Adequate precautionary measures shall be taken to guard

against health and safety hazards at the worksheds, including provision

of first aid kit in the work shed which will remain in the custody of an

authorised prisoner.

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[PART–II

Adequate fire safety systems will be installed in the work sheds.

(10) Recreational Facilities:- Proper recreational facilities like,

grounds for outdoor games, auditorium for cultural activities, library,

indoor games, yoga, meditation and music, etc., may be provided.

CHAPTER–4

CONSTITUTION OF BOARD OF VISITORS

10. The Government shall, by notification, constitute a Board of

Visitors comprising official and Non-Official Members at District and

Subdivisional level. The functions of the Board of visitors shall include:

To visit the prison periodically and attend to individual or

collective grievances of prisoners and providing redressal in consultation

with the prison authorities. Infrastructure or facilities in the prisons.

Monitoring the correctional work in prisons, with special attention

to the degree and quality of training and the effectiveness of

infrastructure or facilities in the prisons. Suggesting new avenues leading

to improvement in correctional work.

11. Board of Visitors.— The Board of Visitors shall comprise of

the following Official Members or their nominee:-

(a) Principal District and Sessions Judge, Additional Sessions

Judges,Chief Judicial Magistrate and Magistrates.

(b) District Magistrate.

Legal Services Authority (UTPLSA)

(d) Senior Supdt. of Police (Law and Order)

(e) Chief Engineer (Public Works Department)

(f) Director of Health and Family Welfare Services

(g) Director of Agriculture

(h) Director of Industries and Commerce

(i) Commissioner of Labour

(j) Director of School Education

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(k) Director of Collegiate and Technical Education

(l) Director of Social Welfare

(m) Director Local Administration Department/Health Officer of

Puducherry region.

12. Appointment of non-official Visitors.— The Board of Visitors

shall also comprise the following Non-Official Members:-

(a) Three Members of the Legislative Assembly of which one

should be a woman.

(b) A nominee of the State Human Rights Commission.

woman for welfare of prisoners.

(d) A retired officer of prison service of the State.

(e) An elected Members of Parliament of the Union territory of

Puducherry.

(f) The Honorarium of ` 1,000 can be given to the Social

Worker.

13. Term of appointment.— A Non-Official Member of the Board

of Visitors shall hold office for a period of two years from the date of

his appointment to the Board, and may be considered for reappointment.

14. Vacation of office by the Non-Official Members and the

appointment of a substitute.— A Non-Official Member who is not able

to attend to the duties assigned to him shall report the circumstances

to the Chairman of the Board within a period of three months from the

date of his last visit and in the event of his failure to report, he shall be

regarded as having vacated office on the expiry of three months from

the date of his last visit. The Superintendent of Jail shall keep a watch

over the attendance of all the Non-Official Members and shall report to

the Chairman and the Inspector-General, the absence, if any, of such

Members, indicating the date from which they are absent, who shall, if

necessary, recommend to Government for the appointment of a

substitute.

15. Cancellation of the appointment of a Non-Official Member.—

The Government reserves the right of cancelling the appointment of any

Non-Official Member at any time without any notice.

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[PART–II

16. Chairman of the Board of Visitors.— The Principal District and

Sessions Judge shall be the Chairman of the Board of Visitors at District

level and the Subdivisional Judicial Magistrate shall be the Chairman at

Subdivisional level. The Non-official Visitors after their appointment must

be sensitized and trained about their duties, roles and responsibilities.

17. Meeting of the Board of visitors.— (1) The Board of visitors

shall meet in the office of the Chief Superintendent of Jails at least once

in every three month, on such day as the Chairman may decide which

shall be attended by all official and non-official Visitors.

(2) For the purpose of a meeting of the Board of Visitors, one

Official Visitor and two Non-Official Visitors shall form a quorum.

(3) The minute of every meeting of the Board of Visitors shall

be recorded in the visitor’s minute book and the same shall be forwarded

to the Inspector-General of Prisons with comments of the Chief

Superintendent of Jails. A copy of the minutes shall also be dispatched

to every Member of the Board of Visitors. The Inspector-General of

Prisons shall place a copy of the minute of the last meeting of the Board

of Visitors of the prison before the State Advisory Board for Correctional

Administration.

(4) Any observations or comments made in the visitors minutes

book, by any Member of the Board, shall be forthwith brought to the

notice of the Inspector-General of Prisons by the Chief Superintendent

of Jails, along with his own comments. The copy of the same shall also

be sent to the Visitor concerned and the Chairman of the Board of Visitors.

18. Visits by official and Non-official Visitors.— (1) The Chairman

of the Board of Visitors shall make a monthly roster of visits to be paid

by the Members of the Board to the Prison, in consultation with the

Chief Superintendent of Jails. The roster shall be made in such a manner

as will envisage at least one visit by a Member in every month.

(2) When a non-official visitor of the Board of Visitors visits a

prison, he shall be accompanied by at least one more Member (Official

or Non-official).

(3) Every Non-official Visitor is expected to interest himself in

the upkeep of prisoners and visit the prison of which he is a Visitor,

once a month, and oftener, if possible. Intimation of the intended visit

need not be given.

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Explanation: (1) The roster for weekly visits and the attendance

at the meeting of the Board shall not apply to officers having jurisdiction

all over the State.

(2) Nothing in these rules shall prevent the Members or Visitors

from visiting the prisons on dates other than those fixed by the Chairman

of the Board.

(3) Except in exceptional circumstances, a Visitor shall not visit

the prison after lock up or on Sundays and any other Jail Holidays.

19. Duties of Superintendent.— (1)The Superintendent shall

present before the visiting Member or Members of the Board of Visitors

any paper or document pertaining to correctional work, recreation and

trainings of prisoners, prison diets, medicines, grievances of prisoners

and follow redressal of such grievance, whenever sought for by a

visiting Member of the Board.

(2) The Superintendent shall not be bound to present any

Member of the Board of Visitors without written approval of the

Inspector-General, Prisons.

(3) The Superintendent shall ensure that the prisoners lodging

complaints with the visiting member of the Board of Visitors do not

subsequently fall prey to vendetta of the accused or prison staff

complained against.

(4) Soon after visits by Members of the Board of Visitors, the

Superintendent shall inform to the Inspector-General, Prisons regarding

the details of the visit.

20. Powers and Duties of the Visitors.— (1) All Visitors, Official

and Non-official, at every visit shall:-

(i) examine the cooked food,

(ii) inspect the barracks, wards, work sheds and other

buildings of the prison generally,

(iii) ascertain whether consideration of health, cleanliness and

security are attended to, whether proper management and

discipline is maintained in every respect and whether any

prisoner is illegally detained or its for undue length of

time while awaiting trial;

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[PART–II

(iv) examine prison registers and records, except secret

records and records pertaining to accounts;

(v) hear and attend to all representation and petitions made

by or on behalf of the prisoners and

(vi) Direct, if deemed advisable, that any such representation

or petition is forwarded to the Government.

(vii) Suggesting new avenues for improvement in correctional

work.

(2) The Members of the Board of Visitors shall specially attend

to the quality and quantity of prison diet, condition of the kitchen and

hospital management, medical treatment of prisoners, sanitary

arrangements, aspects of vocational training, literacy program and library

facility for the prisoners. A copy of questionnaire containing the notable

points which a visitor may direct his enquiries shall be supplied to each

visitor on appointment.

(3) During visits, avisitor shall enjoy the right to converse

secretly and separately with any prisoner who is willing to take to the

visitor. However, such separate interaction between a Visitor and

a prisoner shall be held in a place within the prison well within sight of

a Prison Officer. The visitor, immediately after such conversation with

a prisoner, shall inform the Chairman of the Board in writing about what

transpired in the conversation with the prisoner. The Chairman, if, he thinks

it necessary, shall take up the matter with the Superintendent of Jail.

(4) Every Visitor should have the power to call for and inspect

any book or other record, in the prison unless the Superintendent, for

reasons to be recorded in writing, declines on the grounds that its

production is undesirable. Similarly, every Visitor should have the right

to see any prisoner and to put any question to him out of hearing of

any Prison Officer.

(5) All visitors shall be afforded every facility for observing the

state of the prison and the management thereof, and shall be allowed

access, under proper regulations, to all parts of the prison and every

prisoner confined therein. They shall ordinarily not visit high security

areas unless the instructions in this behalf are given by the

Inspector-General Prisons.

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Note: A spare copy of the list of Visitors will be kept at the main

gate and handed over to a Visitor on the occasion of his

visit to the prison. Each non official visitor will be

supplied with a copy of appointment.

21. Visit to female yard.— The Members of the Board may visit

the female portion of the prison correctively. Individual male visitors

shall not be permitted to enter the female portion of the prison unless

it is necessary to pass through it in order to reach the male yard.

22. Lady Visitor.— Lady Visitors shall have the same powers and

duties as male Visitors except that their functions shall extend only to

female prisoners and the female yard. They shall not enter the male

portion of the prison unless it is necessary to pass through it in order

to reach the female yard.

23. Principal District and Sessions Judge to visit and inspect

Prisons.— It shall be the duty of the Principal District and Sessions

Judge to visit and inspect high security and other prisons and to satisfy

him that all rules, regulations, directions and orders made or issued to

such prisons, are duly observed and enforced.

24. Record of Inspection.— A record of the result of each visit

and inspection made shall be made in a register to be maintained by the

Superintendent for this purpose.

25. Principal District and Sessions Judge to communicate only

with the Superintendent of Jail.— (1) The Principal District and Sessions

Judge shall not ordinarily address any communication or order to any

officer of any prison below the Superintendent. All orders issued by

the Principal District and Sessions Judge shall be in writing.

(2) The Principal District and Sessions Judge’s orders should

ordinarily be issued in the form of an entry in the Visitor’s Book. The

Judge is not required to interfere in matters of detail effecting

management of a prison. He should refrain from any action which may

tend to weaken the authority of the Superintendent over subordinate

prison officers and prisoners.

(3) If, the Principal District and Session Judge gives an order

to which the Superintendent of Jail or his senior takes exception, the

concerned office may represent the matter through the Inspector-General

of Prisons to the Government, but, he shall forthwith obey any order

which is not inconsistent with the Prison Act or any rule made there

under, and does not involve any immediate risk or danger.

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[PART–II

26. Visitor to record date of his visit and remarks.— (1) Every

Visitor shall, after he has completed his visit to the prison, record in the

Visitors’ Book, the date and hour of his visit, and may enter therein any

remarks or suggestions which he may wish to make. Such remarks or

suggestions be treated as confidential at all stages by all the concerned

and shall not be communicated to the prisoners. The Visitors’ Book shall

not be removed from the prison.

(2) No visitor may issue any order or instruction to any

Subordinate Prison Officer.

(3) A copy of the remarks made by every Visitor, together with

Superintendent’s reply thereto or the action taken by the Superintendent

thereon shall be forwarded to the Inspector-General. In case, the remarks

relate to the long detention of an under-trial prisoner, a copy of such

remark shall also be forwarded to the Sessions Judge.

27. Visitor to record date of his Visit and remarks.— (1) Every

Visitor shall, after he has completed his visit to the prison, record in the

Visitors’ Book, the date and hour of his visit, and may enter therein any

remarks or suggestions which he may wish to make. Such remarks or

suggestions be treated as confidential at all stages by all the concerned

and shall not be communicated to the prisoners. The Visitors’ Book shall

not be removed from the prison.

(2) No Visitor may issue any order or instruction to any

Subordinate Prison Officer.

(3) A copy of the remarks made by every Visitor, together with

Superintendent's reply thereto or the action taken by the Superintendent

thereon shall be forwarded to the Inspector-General. In case the remarks

relate to the long detention of an under-trial prisoner, a copy of such

remark shall also be forwarded to the Sessions Judge.

28. Disposal of the remarks made by a Visitor.— (1) Any remarks

made by a Visitor under the preceding section should be limited to a

statement and fair criticism of actual facts, which may come to his

knowledge, and to such suggestions, as he may desire the

Superintendent or Inspector-General to consider. Criticism should be

confined to such aspects of the ordinary administration and management

of the prison which, in the opinion of the Visitor, can be improved.

On no account, the Visitor should directly or indirectly reflect, either

favorably or adversely, on the character or conduct of any of the prison

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staff. If, the visitor wants to bring to notice the good or bad work of

any prison official he should do so by a letter addressed to the

Inspector-General of Prisons.

(2) The Inspector-General of Prisons may pass orders on any

remarks made by a Visitor, and shall, if, any issue of importance requires

the orders of the Government, forward such record to the Government.

(3) A copy of any order passed by the Inspector-General or by

the Government on any record made by a Visitor shall be communicated

to the Visitor concerned through the Superintendent of Jail.

29. Other Visitors.— The following officers will also visit the

Prison and confine their inspection to those branches of work which

some within the purview of their ordinary official duties.

(1) Fire Officer:- The Senior Fire Officer of the town where the

fire station is functioning shall be an ex-officio visitor to the Prison. He

shall confine his inspection to these branches of work which come within

the purview of his ordinary official duties.

(2) Probation Officer:- (a) The Probation Officers of the District

in which the Prison is situated shall have free access to the prison on

any day including Sundays and holidays between unlocking in the

morning and lock up in the evening in connection with the discharge of

their official duties. They shall be afforded all responsible facilities for

their interview with the prisoners. The prison officials in attendance shall

withdraw out of hearing, if, required to do so by the Probation Officers.

(b) The Probation Officers will also look after all matters

relating to premature release including probation service under the

supervision of the concerned officer of the Correctional services.

of Offender Act, 1958. The four Probation Officers may be appointed

for Puducherry, Karaikal, Mahe and Yanam regions separately. They will

submit the report to the concerned Court through the Chief probation

office.

(3) Officials and subordinates of PWD:- The Executive

Engineers and Assistant Engineer together with their employees shall,

during business hours have free access to the prison to the extent

necessary for purposes connected with the discharge of their official

duties.

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[PART–II

30. Admission of Police Officers and the interrogation of

prisoners by them.— (1) Any Police Officer authorized to investigate a

cognizable offence committed in the prison shall, for any purpose

connected with the discharge of his duty as such Police Officer, be

permitted to enter the prison at any time between unlocking in the

morning and lock up in the evening. Such Police Officer shall be allowed

full facilities to interview prisoners but, only in the presence of a

responsible Prison Officer not below the rank of Assistant

Superintendent.

(2) Any Police Officer who is in uniform and who produces a

written authority from the Collector or Senior Superintendent of Police

of the District for the purpose, shall be permitted to enter the prison for

the purpose of recognizing old offenders or for conducting operations

for the identification of prisoners or for interviewing any prisoners

during working hours on any week day provided that such visits shall

not be allowed to interfere with the labour or routine of the prison. The

identification or interview shall take place in the presence of a

responsible officer not below the rank of Assistant Superintendent, who

shall, if required to do so, keep at such a distance that he may or hear

the conversation that takes place.

(3) Any Police Officer not below the rank of Inspector of Police

who is in uniform and who producers a written authority from the

Collector or SSP of the District, shall be permitted to interview any

remand or convicted prisoner in the prison during working hours on any

week day for the purpose of examing the prisoner in a departmental

enquiry as a defence witness, in the presence of a Judicial Magistrate.

31. Escort to accompany to visitors.— The Superintendent shall

ensure that every visitor to the Prison is attended by a responsible

Prison Officer, as well as by an escort of two warrants armed with

batons. The escort and the officer accompanying a visitor shall withdraw

out of hearing but, not out of sight, if required to do so by the visitor,

when he questioning a prisoner.

32. Admission to prison is to be restricted to others.— Except the

Ministers, other person shall be allowed access to the prison unless

accompanied by the IG Prisons & CSJ or the Superintendent of Jail or

granted with the written permission by the appropriate Court.

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STATE ADVISORY BOARD FOR CORRECTIONAL ADMINISTRATION

33. Advisory Board.— There shall be an Advisory Board to advise

the Government and the Prison Administration on matters relating to

correctional work in prisons, rehabilitation of inmates and redressal of

grievances of prisoners.

The Advisory Board shall also act as a meeting ground of

departmental heads of Prison, Law and Justice, Police, Education,

Technical Education, Health and Public Works Department of the

Government, in order to bring about effective inter-departmental

cooperation and co-ordination.

The Advisory Board shall also play the role of opinion leaders

creating Social awareness in all walks of life and stressing the need for

rehabilitation of offenders.

The Advisory Board shall comprise of the following officials or

their nominee:-

(a) Minister in-charge of Prisons

. . Chairman

(b) Principal District and sessions Judge

. . Member

. . Member-

Secretary.

(d) Inspector-General of Police

. . Member

(e) Director, School of Education

. . Member

(f) Chief Engineer of Public Works Department

. . Member

(g) Director, Health and Family Welfare Services

. . Member

(h) Director of Agriculture

. . Member

(i) Director of Industries

. . Member

(j) Director of Social Welfare

. . Member

(k) Chief Superintendent of Jails

. . Member

(l) The Under/Deputy/Joint Secretary to

. . Secretary

Government dealing With the Jail

Department shall be the Ex-officio of the

Board.

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[PART–II

34. Powers and duties of Members of Board.— (1) The Members

of the State Advisory Board shall enjoy the right to pay visit to any

prison of the Union Territory, individually or in a group, with or without

prior notice to the Superintendent of the Prison.

(2) The Members of the State Advisory Board, however, shall

refrain themselves from visiting any prison during the period between

evening locking-up and morning un-locking.

35. Duties of Superintendent.— (1)The Superintendent shall

present before the visiting Members of the State Advisory Board any

paper or document in connection with the correctional work, recreation,

training of prisoners, prison diet, health-care of prisoners, grievances

of prisoners and redressal of prisoners, whenever sought for by the

visiting Members of the State Advisory Board.

(2) The Superintendent shall not be bound to present any

visiting Member/Members of the State Advisory Board without written

approval of the Inspector-General of Prisons.

(3) The Superintendent shall ensure that the prisoners lodging

complaints with the visiting Member/Members of the State Advisory

Board do not subsequently fall prey to vendetta of the persons

complained against.

(4) Soon after visit by a Member of the State Advisory Board,

the Superintendent shall inform the Inspector-General of Prisons.

36. Quorum of meeting.— For the purpose of the meetings of the

State Advisory Board six Members, including at least two official and

two non-official Members, shall comprise a quorum.

37. Failure to attend the meetings of board by a Non-Official

Member.— If, a Non-Official Member of the State Advisory Board fails

to attend the meetings of the Board, despite prior intimation and notice,

on three successive occasions, his/her membership of the Advisory

Board shall stand cancelled automatically and the Member-Secretary of

the Board shall move the Government for appointing a new non-official

Member in his/her place.

38. Term of office of Non-official Member.— A Non-Official Member

of the State Advisory Board shall hold office for a period of three years

from the date his/her appointment to the Board, and may be considered

for reappointment.

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39. Right to cancellation of appointment of a Non-Official

Member.— The Government reserves the right to cancel the appointment

of any Non-Official Member of the State Advisory Board at any time.

40. Grant of allowances to a Non-official Member.— A Non-Official

Member of the Board shall receive allowances, as prescribed by the

Government from time to time, for attending the meetings of the Board.

CHAPTER–5

HEADQUARTERS ORGANISATION

41. The effectiveness of prison administration depends largely on

the quality of literacy and supervision at various institutions and the

implementation of programmes therein, which in turn, depends on the

manpower deployed at various levels of hierarchy. It is therefore,

imperative that the organizational structure be carefully planned and

constantly reviewed to identify and review deficiencies in service

delivery. With this objective, the structure and organizational hierarchy

of the Prisons and Correctional Services Department has been set forth

in this chapter.

Prisons and Correctional Services will be under the control of the

Home Department, being the department responsible for the services in

this field. There will be a separate division within the Home Department

for dealing with all matters connected with prisons and correctional

services.

The Government will appoint the Inspector-General of Prisons and

correctional services who will exercise general control and Chief

Superintendent of Jails over all prisons situated in the State. The

Inspector-General will ensure the implementation of the provisions of

the Prisons Act through other officers as appointed by the government

for assisting him at the headquarters, regional organization, at the

prisons and at other institutions under his control. The Inspector-General

will have such administrative authority as is laid down in this manual

and as may be determined by the government from time to time.

42. There shall be a Executive Wing at the headquarters level.—

The Executive Wing will be headed by an officer not below the rank of

Inspector-General or equivalent rank and such officer may be assisted

by officers of different ranks from the prison Department.

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[PART–II

AUTHORITY AND POWERS OF THE INSPECTOR-GENERAL

OF PRISONS

43. Appointment of the IG Prisons.— The Government shall by

notification appoint an IG Prisons to be in-charge of the Administration

and management of all the Prisons in the Union Territory of Puducherry.

The statutory authority of the IG Prisons will be as per the provisions

of the Prisons Act and other related Acts.

44. The general functions of the Inspector-General shall be.—

(i) To implement prison policies as laid down by the Government.

(ii) To plan organize, direct, coordinate and control the various

prison and correctional services.

(iii) To define the functions and fix lines of authority and

channels of command of the prison personnel.

(iv) To inspect institutions with special reference to care,

welfare, training and treatment of inmates, staff training, discipline and

welfare, etc.

45. Authority and Power of the IG Prisons.— The Inspector-General

of Prisons and Correctional Services shall be Head of Department of

Prison and Correctional Services. He will exercise general control and

superintendent of all prisons situated in the Union territory of

Puducherry. The Inspector-General Prisons will ensure the

implementation of the provisions of the Prisons Act, 1894 through other

officers as appointed by the Government for assisting him at the

headquarters, regional organization, at the prisons and at other

institutions under his control. He will have such administrative authority

as is laid down in these rules and as may be determined by the

Government from time to time.

46. Financial and other powers.— As the Head of the Department,

the Inspector-General will have all necessary financial, administrative

and disciplinary powers.

The Inspector-General will prepare the budget for the various

services under his control. Subject to the rules and orders of the

Government and the requirements of the Accountant-General, the

expenditure of the Department of Prisons and Correctional Services will

be controlled by the Inspector-General.

The Inspector-General will manage the personnel in the department

and exercise disciplinary powers, including powers of redeployment of

staff, on par with the powers of the Director-General of Police.

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47. Power to sanction expenditure.— (1) The Inspector-General

Prisons may sanction:

(i) any item of expenditure approved and provided for in the

budget.

(ii) With the sanction of Government, any special and

unusual item of expenditure for which no distinct

provision has been made.

(2) Subject to provisions of this rule, an adequate grant will be

placed at the disposal of Inspector-General to meet expenditure of a

special nature.

48. Power to sanction reward.— (1) The Inspector-General of

Prison may sanction the payment of reward to any subordinate prison

official, up to a limit of ` 2,000 for any service of special merit.

(2) He may sanction rewards to private persons effecting or

assisting the re-capture of an escaped prisoner as follows:

(i) If, the sentence was one of death or life imprisonment-

` 5,000.

(ii) If, the sentence was two years and upwards or

confinement in security for the same period-` 2,000.

(iii) If, the prisoner was an under trial, a reward equal to what

would be payable where the prisoner convicted of an

offence charged and sentenced to the maximum penalty.

49. Institution of civil suits.— The Inspector-General Prisons is

authorized to sanction the institution of any Civil Suit for money due to

the manufacturing Department of the prisons, provided that he is

satisfied that the claim is well founded and that the debtor is possessed

of property against which a decree, if obtained, could be executed. He

may also sanction the institution of Civil Suits against defaulting

contractors and others, provided that no such suit shall be instituted

except on the advice of the Government Pleader, to whom a concise and

clear statement of the case shall be submitted for opinion. No Civil Suit

shall be instituted until all other means of obtaining satisfaction have

been tried and have failed. Every case, in which notice of suit against

the Prison Department or against any Prison Officer for acts done in his

official capacity is received, shall be reported to Government, for orders.

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[PART–II

50. Inspection of Prisons.— (1) The Inspector-General of Prison

shall visit the Central Prison and also district Jails and Sub-Jail

frequently, but, not less than twice in a calendar year. During each visit,

he shall carryout a full inspection in accordance with the questionnaire

approved by Government.

(2) During each inspection, he shall examine whether the

classification of prisoners has been done on proper lines and whether

the labour to which each prisoner is put is such as to train him for

eventual rehabilitation, reformation and resocialisation in society after

his release.

(3) He shall personally see every prisoner then in confinement

in the prison, he shall give every prisoner a reasonable opportunity of

making any application or complaint and shall investigate and dispose

of the same properly.

(4) He shall inspect the yards, wards, cells workshed, and other

enclosures, shall examine the gardens, enquire into the adequacy and

fitness of the water supply, the conservancy arrangements and the

medical administration, shall see the food and ascertain that it is of

proper quality and quantity and generally satisfy himself that the

building and premises are in proper order

(5) He shall inspect all journals, registers and books maintained

in every part of the prison and initial or countersign therein in token

that he is satisfied that they are maintained in accordance with the rules.

He shall satisfy himself that the order of the Government regarding the

arrangement and periodical destruction of records are observed.

(6) He shall examine whether the prison staff is adequate and

whether discipline amongst the staff has been properly maintained.

(7) He shall examine whether sufficient labour is available for

prisoners sentenced to rigorous imprisonment, and if so whether

adequate task is extracted from the prisoners; and if not what the reasons

are for the insufficiency of the labour available.

51. Transfer of Prisoners.— The Inspector-General of Prisons shall

have the power to order the transfer of any prisoner from prison to

another prison within the Union territory of Puducherry and shall also

have the authority to order the removal of prisoners from the permanent

buildings of any prison into temporary accommodation during

epidemics.

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52. Review of Disciplinary Action.— The Inspector-General of

Prisons should review all disciplinary actions taken by the Chief

Superintendent of Jails and punishments imposed by him appealed

against by the subordinate official, and pass such orders in accordance

with the provisions of the Central Civil Services (Classification, Control

and Appeal) Rules, 1965.

53. Orders to be obeyed.— All Officers of the Prison shall obey

the orders issued by the Inspector-General of Prison.

54. Transfer of Subordinates.— The Inspector-General of Prisons

is competent to transfer any subordinates of the Jail Department between

any Prisons in the Union territory of Puducherry.

55. Control of expenditure.— Subject to the rules and orders of

the Government, the expenditures of the Prison Department will be

controlled by the Inspector-General of Prisons/CSJ.

56. Memorandum of inspection to be supplied to the Superintendent

of Jail.— Immediately after the inspection, the Inspector-General shall

communicate to the Chief Superintendent of Jails concerned, a copy of

the questionnaire duly filled in together with such further suggestions

or orders as he thinks fit for the guidance of the Superintendent. He

shall also simultaneously forward a copy of the duly filled in

questionnaire to the Government.

57. Annual Administration Report.— The Inspector-General shall

prepare the annual Administration Report of the Prison Department and

submit it to Government within the due date prescribed by Government.

It shall contain prison statistics, show the inspections made during the

year by the Inspector-General and all other matters of importance. He

shall review in the administration report the general condition of the

management of prison.

CHIEF SUPERINTENDENT OF JAILS (CSJ)

58. Chief Superintendent of Jails at headquarters.— (1) The

Government shall, by notification, appoint a Chief Superintendent of Jails

and correctional services in the headquarters to assist the

Inspector-General of Prisons in his work.

(2) Head of Office:- He shall be the Head of Office of the

Department of Prisons and Correctional Services under Rule 14 of the

Delegation of Financial Powers Rules, 1978.

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(3) Financial and other powers:-

(a) The Chief Superintendent of Jails and correctional

services as Head of Office under the preceding rule shall

exercise all powers derived from such delegations.

(b) Subject to the rules order and directions of the

Government and of the Finance Department, Puducherry,

the Chief Superintendent of Jails shall exercise all powers

conferred on him as Head of Office, under various rules

made applicable in this Union Territory, from time to time.

authority for all Group ‘C’ employees including erstwhile

Group ‘D’ Government employees of the Department of

Prisons and Correctional Services. It shall be competent

to the Chief Superintendent as appointing authority to

make all appointment to Group ‘C’ posts on the

sanctioned establishment of the Department of Prisons

and Correctional Services, subject to the recruitment

rules in force from time to time in this Union Territory.

(d) The Chief Superintendent is a competent to dispose of

all questions of Pay and Allowances, leave, etc., in

accordance with the service regulations or rules in force

from time to time in this Union Territory. When, the Chief

Superintendent has any doubt he shall refer the matter to

the Inspector-General of Prisons/Government and comply

with the instructions issued by the Inspector-General of

Prisons/Government.

(e) It shall be competent to the Chief Superintendent as Head

of Office and appointing authority to take disciplinary

actions and to impose punishments on any of the staff,

in accordance with the relevant rules in force in the Union

Territory, Puducherry.

(4) Condemnation of articles:- He shall be the authority to

verify the articles in prisons set apart for condemnation and to certify

as to the fitness for their condemnation.

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(5) Stock verification:- He shall conduct the annual stock

verification in the Central Prison and in District Jails of Union territory

of Puducherry. In addition to this, he shall also conduct surprise stock

verification of all institutions in the Department.

(6) Inspection of Sub-Jail and special Sub-Jails:- He shall

inspect all district Jails and Sub-Jail and connected registers, register

of prisoners, cash accounts, stores, etc., in detail and report the result

of inspection to Inspector-General of Prisons for submission to

Government.

(7) To hold charge of correctional institutions and

programmes:- He shall be in-charge of all correctional institutions and

programmes for adult and young offenders in the Union Territory.

(8) To assist the Inspector-General:- He shall assist the

Inspector-General for management and Superintendent of Jail and in

addition, he shall also attend the other items of work connected with,

as may be assigned to him by the Inspector-General of Prisons from time

to time.

59. Staff Functions of the officers at the Headquarter.— The Chief

Superintendent of Jails shall assist the Inspector-General of Prisons in

all matters connected with prison administration and correctional

services. The Government from time to time will fix their powers and

duties.

60. Law Officer.— He shall be responsible for -

(i) Advising prison authorities on the protection of human

rights of prisoners within the limitations of imprisonment;

(ii) Interpreting legal and procedural rights of prisoners;

(iii) Assisting prison authorities in dealing with all prison

matters pending in Courts;

(iv) Arranging free legal aid for indigent prisoners;

(v) Preparing petition and appeals for deserving cases;

(vi) Assisting prison authorities in holding special Courts, Lok

Adalat and video-conferencing;

(vii) Advise prison administration in all matters having legal

bearing including agreements, contracts, affidavits and Court documents

keeping prison authorities abreast with judicial pronouncements and

directives on all prison matters.

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[PART–II

CHAPTER–6

INSTITUTIONAL PERSONNEL

61. Fixation of strength of the Institution.— (1) Each institution

will have personnel in accordance with the requirements of security,

discipline and programme emphasis. The personnel strength will be

determined according to the duty posts, taking hours of duty per day

as the basis for each category of staff. The institutional set-up will be

fixed in accordance with the size of the institution, the inmate population,

workload and distribution of functions.

(2) The strength of custodial/guarding shall will be determined

keeping in view of the requirements of security, discipline, programme

emphasis, duty posts, workload and distribution of functions. In

principle, there has to be one guarding staff for every six prisoners.

Institutional personnel will comprise of the following:-

(i) Executive personnel:-

(a) Superintendent

(b) Deputy Superintendents

(ii) Guarding staff:-

(a) Principal warders

(b) Warders

(iii) Medical personnel:-

(a) Medical Officers

(b) Nursing staff

(iv) Welfare Unit Personnel:-

(a) Welfare Officer

(b) Counsellor

(d) Probation Officer

(e) Psychologist

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(v) Educational Personnel:-

(a) Teachers

(b) Physical Training Instructor

(vi) Technical Personnel:-

(a) Instructors

(b) Foremen

(d) Plumbers

Mason

(f)

Drivers

(g) Motor Mechanic

(vii) Agricultural:-

(a) Supervisors

(b) Agricultural Assistants

Note: Due to financial constraints if, these technical posts are

not created or when created, such posts are not filled up,

suitable guarding personnel shall be trained for these

purposes and their services shall be availed of by

sanctioning them special allowances. If, emergency arises

the outside cook may be appointed on contract basis.

(iv) Ministerial:-

(a) Office Superintendent

(b) Assistant

(d) Lower Division Clerk-cum-Cashier

(e) Storekeeper

(f)

Computer Operator

(g) Multi-Tasking Staff/Record clerk.

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[PART–II

62. General duties, functions and responsibilities of the

Institutional personnel.— (1) The statutory duties and responsibilities

of institutional personnel will be as per the provisions of the laws and

rules governing prisons.

(2) Custody, security, discipline and preventive and control

action during an emergency, are the fundamental duties and

responsibilities of every staff member. The duties, responsibilities and

functions shall be assigned in writing to every staff member on his initial

appointment.

(3) The executive shall ascertain that the compliance of human

rights which the prisoners are entitled to, are not impinge upon and

restricted beyond the limit inherent in the process of incarceration itself;

and ensure that prison programmes are geared towards the overall

objective of imprisonment in terms of reform and rehabilitation of

prisoners.

SUPERINTENDENT

63. Appointment of Superintendent of Jail.— The Superintendent

of Jail shall be officer specially appointed by name. The Superintendent

of Jail shall be the Head of the Prison and all officers will be subordinate

to him.

64. Alternative arrangements during the absence of the

Superintendent.— During the absence of the Superintendent, the powers

and duties conferred on him by law shall be exercised and performed by

the Deputy Superintendent of Jail.

65. Superintendent of Jail to be in charge of the executive

management of the Prison.— The Superintendent shall, subject to any

order of the Government or IG of Prison and CSJ of Prison, be in charge

of the executive management of the prison in all matters relating to

executive of sentence, admission and release, remission, parole,

economy, discipline, labour, expenditure, punishment and control in

general, among other things. The Superintendent thus is responsible for

developing an atmosphere that is conducive and correctional in nature

and providing leadership in every aspect of prison management. He shall

take care of the duties, suggestions, planning organizing, directing,

guiding, coordinating, supervising and controlling all prison activities.

He should obey all the Court orders.

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66. Functions and duties of the Superintendent of Jail in detail.—

(1) make himself thoroughly acquainted with these rules and with the

Prisons Act, regulations and orders relating to the prison and be

responsible for due observance thereof and for the correct execution of

all sentences of prisoners committed to his charge;

(2) generally supervise over security and custody arrangements

of prisons and prisoners;

(3) be responsible for the implementation of the policy of the

Government pertaining to correctional administration and the role they

have to play in a welfare state; organizing personnel training programmes

at the institutional level;

(4) have custody of secret and confidential documents and

ensure that all statutory and other records are correctly and

systematically maintained and are preserved;

(5) plan organize, guide, co-ordinate, supervise and control the

implementation of all Institutional programmes and operations for training

and treatment of prisoners;

(6) be responsible for care and welfare of the prisoners like

counseling, education and guidance required for correctional

administration, as per the orders of the Inspector-General Prison;

(7) endeavour to develop an institutional atmosphere conducive

to the correctional role and providing leadership in every aspect of

institutional management;

(8) inspect and supervise work and employment of prisoners

and production programmes;

(9) under his control, safety of the prison personnel, protection

of human dignity, rights and providing decent work conditions;

(10) be responsible for acquainting institutional personnel with

current policies of correctional administration;

(11) supervise the work of his subordinate officers in respect

of executive work attached to them along with the supervision of all the

registers being maintained by them and initial them in token of having

checked them and to ensure that pages in all registers and books of

Forms, etc., in use in prison are numbered and bear a certificate of pages

at the end of such registers and books under his signatures;

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[PART–II

(12) inspect the warder establishment and satisfy himself as to

its proficiency in drill and musketry and test ability of Deputy

Superintendent, Assistant Superintendents and Principal warder to drill

the guard;

(13) inspect the prison activities in every part of the prison

including kitchen, canteen, barracks, yards, cells, latrines atleast once a

week on any day. He shall visit the prison garden frequently to see that

the vegetables supplied to the prisoners are perfectly fresh and

wholesome;

(14) Visit the prison atleast once every working day and on

Sundays and holidays also whenever special circumstances render it

desirable that he should do so. If from any reason, he is prevented from

visiting the prison on any day on which he is by this rule required to

do so, he shall record the fact and the reason of his absence in his

journal. Atleast once in a week, he shall visit the prison at night and

satisfy himself that the guarding is being properly performed and that

everything is in order;

(15) monitor the sick prisoners to ensure that preventive and

curative measures are taken for the good health of prisoners and see

that proper arrangements are made for the safe custody of the sick

prisoners and others and that discipline is maintained, as far as it is

consistent with the medical treatment prescribed.

67. Representation or appeal from prison subordinates.— It shall

be open to Prison officers subordinate to the Superintendent to represent

or to appeal against an order or order of punishment to the

Inspector-General of Prisons. Every representation or appeal must be

forwarded through the Superintendent who shall forward the same with

his remarks and any necessary orders.

68. Maintenance of Journal.— (1) The Superintendent shall

maintain on half-margin foolscap and in his own handwriting, a journal,

in which he shall record as soon after the event as possible:-

(a) the times at which he enters and leaves the prison daily,

and the result of his weekly inspection of the prisoners,

guard and premises;

(b) the matters relating to inspection referred to in these

rules;

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management of the prison which is not otherwise disposed

of in the registers or correspondence and which it is

desirable to note for future reference;

(2) The Journal shall be forwarded to the Inspector-General of

Prisons on the first day of the month following that to which it relates

or as soon after as possible and shall be returned after perusal by him,

with such remarks as he may find necessary.

69. Weekly inspection of prisoners.— (1) On one morning in every

week, which shall usually be Monday, the Superintendent shall hold an

inspection parade of all prisoners, at which the Medical Officer shall

also be present.

(2) At each such parade the Superintendent shall satisfy

himself:-

(a) that every prisoner is properly classified as provided in

the rules in that behalf;

(b) that every prisoner is provided with proper clothing and

bedding;

understood by the prisoners;

(d) generally that the rules and orders applicable to prisoners

are being duly carried out.

(3) The Superintendent shall at every such parade, hear and

inquire into any complaints that the prisoners may wish to make, it shall

be his duty to listen to complaints and petitions of prisoners in a patient

and considerate manner, and to afford prisoners reasonable facilities for

making such representations.

(4) Nothing in this rule shall debar a prisoner from making a

complaint or application to the Superintendent at other times that the

weekly parade and it shall be the duty of every prison official to produce

before the Superintendent without delay any prisoner desiring to see

him.

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[PART–II

70. Procedure regarding civil suits.— No Civil Suits shall be

instituted or defended by the Superintendent on behalf of Government

without the previous sanction of the Inspector-General of Prisons. Upon

the Superintendent receiving notice of suit, he shall immediately forward

the notice with a full statement of the facts of the case, to the

Inspector-General of Prisons.

71. Maintenance of Records.— The Superintendent of Jail shall

be responsible for the correct maintenance of the records prescribed in

section 12 of the Prisons Act, 1894 (Central Act IX of 1894) and of such

other records as are prescribed by these rules, and atleast once a month

shall examine every such record and shall satisfy himself that it is

up-to-date and shall affix his signature in such record as a token of

verification. When no provision exists in these rules prescribing the

officer by whom any register or record shall be maintained, the

Superintendent shall, by order, in the order book, from time to time assign

the maintenance of every such register or record to a specified

subordinate.

72. Death or Serious illness of prisoners.— When a prisoner dies

or is seriously ill, the Superintendent shall immediately intimate the fact

of such death or illness to the relatives and nearest Police Station of

such prisoner by e-mail or by post or by messenger and also can be

informed over phone and the fact reported to the Inspector-General of

Prison.

73. Presence at inspection.— The Superintendent shall accompany

the Inspector-General of Prisons or Deputy Superintendent of Jail during

his inspection of the prison and shall also accompany official visitors

if, they request his presence during their visits.

74. Report of important occurrences.— Any outbreak of epidemic

disease or unusual sickness, all serious breaches of prison discipline,

escapes, attempts to escape, re-capture, accidents, suicides, attempts

to suicide or deaths from violent or unnatural causes shall be at once

reported by the Superintendent to the Chief Superintendent of Jails and

Inspector-General of Prison.

75. Punishment Book.— Prisoners punishment book always on the

table of Superintendent of Jail.

76. Grievance meeting.— He should arrange the staff grievance

meeting once in a quarter and forward to the Inspector-General of Prison

for necessary action.

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DEPUTY SUPERINTENDENT

77. Functions and duties of Deputy Superintendent.— The

Deputy Superintendent of Jail is the Chief Executive Officer of the Prison

and is immediately subordinate to the Superintendent. He is generally

responsible for the observance of all prescribed rules and orders. His

duties and functions shall be:-

(i) Maintenance of discipline among prisoners and subordinates.

For this purpose, he must be always present at the prison during the

day except when he leaves it for his meals, to attend a Court of Justice

or on permission from the Superintendent.

(ii) Supervision over personnel matters, staff welfare, assisting

the Superintendent in all matters pertaining to institutional management.

(iii) Supervision over security, custody and discipline, care and

welfare of prisoners;

(iv) He shall attend to classification of prisoners and their

training;

(v) Inspect every part of the prison daily and shall see every

prisoner at least once in every 24 hours.

(vi) He shall see that the prisoners are clean in their persons

and clothes and those they have the authorized amount of clothing and

bedding and no more with hygiene.

(vii) He shall be responsible for all sentence at irregular

intervals, but, at least once a week cause every prisoner, and all clothing,

bedding, workshops, wards and cells to be thoroughly searched.

(viii) He shall be responsible for the execution of sentence and

all orders regarding the labour of prisoners. He shall assign to each

prisoner his work on the recommendation of the Classifying Committee

constituted in the Central Prison for the purpose. The Board shall consist

of the Superintendent of the Prison, Medical Officer and the Deputy

Superintendent. He shall ensure that the prescribed tasks are performed.

(ix) He shall supervise the cultivation of the garden and be

responsible for the adequacy of the supply of vegetables. He shall

likewise supervise the prison farm and all the other outside operations.

(x) He shall, jointly with the Medical Officer, be responsible for

the proper preparation and distribution of the food to prisoners.

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[PART–II

(xi) He shall supervise the working of the guards. At least once

a week, at irregular interval, he shall visit the prison after 10.00 p.m. and

satisfy himself that the standing guard is present, the sentries posted

are on the alert, and that the rounds are being properly maintained.

(xii) He shall be responsible for the custody of all warrants and

for the strict enforcement of their terms and that no prisoner is on any

account released before his time or kept in prison beyond the termination

of his sentence.

78. Presence of Deputy Superintendent or Assistant Superintendent.—

The Deputy Superintendent and Assistant Superintendent shall not be

absent from the prison at the same time during the day. The hours for

meals should be so arranged that either the one or the other is present

at the prison.

79. Check of warrants.— The Deputy Superintendent shall, every

year usually in December, go through all the warrants in his possession,

compare them with the registers and satisfy himself that they are correct.

He shall enter in his report book and to be submitted to the

Superintendent every day.

80. Supervision of prison office and manufactory section.— The

Deputy Superintendent shall exercise frequent and periodical check over

all the registers and other records of the Remission Section of the office

as well as the stock, indents order book for supply of finished goods,

transit registers and other connected records of the Manufactory section.

81. Maintenance of report book.— (1) The Deputy Superintendent

shall keep a report book in which he shall duly record:-

(a) the hour of unlocking and locking and by what officers

they were performed;

(b) the number of prisoners admitted, discharged and locked

up;

offence charged, the time of its occurrence and other

circumstances connected with it;

(d) all cases in which he may have found it necessary to use

restraint on any prisoner;

(e) how far he has omitted any of the duties required by

these rules, and the reasons thereof;

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(f) the absence of any subordinate officer from duty and

requests for leave of absence;

(g) request for sanction of unusual expenditure;

(h) request for the employment of prisoners in any special

manner;

(i) any representations or recommendations he may deem

proper to make;

(j) any unusual occurrence or matter of importance;

(k) any matter on which he may require orders.

(2) Each day’s report shall be dated and a consecutive serial

number running through the calendar year shall be given to the subjects

dealt with.

(3) He can officiate as a Superintendent of Jail in is absent.

82. Superintendent to peruse report book.— The Deputy

Superintendent’s report book shall be laid daily and oftener if necessary,

before the Superintendent for his perusal and the issue of such orders

as may be necessary. If, the Superintendent has no remarks to make or

orders to give, he shall append his initials with the date.

83. Execution of Medical Officer’s orders.— The Deputy

Superintendent shall carryout forthwith emergent written orders of the

Medical Officer regarding the sick in hospital or regarding sanitary

arrangements, entering all such orders and the action taken thereon in

his report book for the information of the Superintendent.

84. Holiday to the Deputy Superintendent.— The Deputy

Superintendent may be allowed to avail all holidays.

ASSISTANT SUPERINTENDENT

85. General duty of the Assistant Superintendent.— (1) The

Assistant Superintendent is the immediate subordinate to the Deputy

Superintendent’s and assistant, whose duty is to take his place whenever

he is absent and to undertake whatever portion of the Deputy

Superintendent's duties as are delegated to him under proper authority

and shall make an entry of the performance of his duties in his report

book which he shall maintain in form similar and shall submit it daily to

the Superintendent.

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[PART–II

86. Duties of Assistant Superintendent in detail.— The following

are the duties of Assistant Superintendent and if, there be more than

one Assistant Superintendent, they shall be apportioned by the

Superintendent by an order book, name:

(i) To assist the Deputy Superintendent in studying the

psychological and mental makeup of prisoners and taking steps to reform

them;

(ii) To be in charge of the ration stores as generally stated;

(iii) To be directly responsible for the storing and custody of

ration and other articles purchased and their issue from the stores;

(iv) To place indents and get supplies of all articles of diet and

non-diet articles required for the prisoners;

(v) To attend to the day-to-day maintenance of stock registers

and other connected records and to the proper maintenance of stock;

(vi) To attend to the maintenance of accounts for extra articles

purchased by civil debtors;

(vii) To check the correctness of the kitchen slips, hospital

indents and other indents placed on him for issue of ration and

miscellaneous articles;

(viii) To maintain separate accounts and to be responsible for

the safe custody of empty gunnies and other receptacles received and

disposed of;

(ix) To weigh and issue ration and other articles for

consumption;

(x) To supervise the cleaning of grains, vegetables and other

dietary articles and their grinding, if any;

(xi) To ensure that all ration articles taken to the kitchen are

actually utilized for the purpose they are meant;

(xii) To be custodian of all civil store articles entrusted to the

ration stores;

(xiii) To assist the Deputy Superintendent and to be present

with him at the time of supply of food to condemned prisoners;

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(xiv) To assist the Deputy Superintendent in searching the

condemned prisoners and examining the cells where condemned

prisoners are locked-up;

(xv) To conduct interviews with condemned prisoners;

(xvi) To assist the Deputy Superintendent in supervising the

work of all guarding staff in the gardens;

(xvii) To assist the Deputy Superintendent in supervision over

searches, counting opening and closing of prisons;

(xviii) Admission and search of prisoners on their admission;

(xix) Custody of prisoner’s property except cash;

(xx) The removal of private clothing from prisoners on their

admission, the issue of prison clothing and bedding, the correct making

of metal identification discs; and the placing of prisoners in quarantine

soon after their admission;

(xxi) The custody of prisoner's private clothing and prison

clothing stores; and the issue of fresh clothing to the prisoners;

(xxii) The maintenance of the clothing and registers in the

prescribed form;

(xxiii) Conducting prisoners’ interview, if, conversant with the

language spoken at the interview;

(xxiv) The supervision over the proper maintenance of dairy and

poultry units in prisons except the maintenance of accounts which shall

be attended to by the live-stock assistant. The Assistant Superintendent

shall, however, maintain the stock and the stock register for paddy straw,

etc.

(xxv) The charge of the quarantine and of the civil and leper

annexes where such annexes exist;

(xxvi) The censoring of letters addressed to and sent by the

prisoners and the disposal of such letters under the order of the

Superintendent;

(xxvii) To assist the Deputy Superintendent in all matters

pertaining to institutional management, including weekly parades;

(xxviii) To attend to any other duty that may be assigned to

him by the Superintendent;

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[PART–II

87. Specific areas to which guarding personnel shall be assigned

duties.— The guarding personnel will consist of Principal Warder

(Principal Warder) and Warders. Specific duties of each member of the

guarding staff on various sections/points will be assigned by the

Superintendent on a rotation basis in keeping with his/her status within

the cadre in the following areas:-

(i) The main duty of the guarding personnel to supervise the

movement of the prisoner;

(ii) Security custody, discipline;

(iii) Searches and counting of prisoners;

(iv) Opening and locking-up of the prison;

(v) Reporting defects and short comings in prison buildings,

walls, locks, lighting arrangements, bars taking immediate action for

rectifying these and taking care of the custody of locks and keys,

handcuffs and other security equipment;

(vi) Care and welfare of prisoners;

(vii) Maintenance of discipline in institutional premises, gates,

quarantine, barracks, dormitories, cells, worksheds, punishment yards,

segregation yards, hospital, kitchen, farm and in every other section of

the institution;

(viii) Sanitation and hygiene in areas under his charge;

(ix) Guarding and sentry duties;

(x) Escorting prisoners for work, supervision of their work, care

and custody of tools, property, equipment, dead stock and livestock;

(xi) Supervision of distribution of food, canteen articles and

inmate equipment;

(xii) Helping the technical personnel in worksheds, management

and discipline, helping agricultural personnel in all related matters;

(xiii) Discipline in areas where educational, cultural and

recreational activities are conducted;

(xiv) Reporting violations of discipline to appropriate officers

for taking immediate action as per rules;

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(xv) Observing habits and behaviour patterns of inmates and

reporting the same to the authorities concerned, helping inmates improve

their habits and attitudes;

(xvi) Taking preventive and control measures for all emergency

situations;

(xvii) Discipline in staff quarters;

(xviii) P.T., drill parades and emergency practice.

88. Assistant Superintendent to officiate for Deputy Superintendent

during his absence.— On days when the Deputy Superintendent is

allowed the off-duty in a week and on other occasions when the Deputy

Superintendent is absent, the Assistant Superintendent shall officiate

for him keeping the report book for the day and performing all other

prescribed duties. On every such occasions whenever the Assistant

Superintendent officiates for the Deputy Superintendent, he shall possess

all the powers and responsibilities of the Deputy Superintendent.

89. Absence.— On days when the Deputy Superintendent is

allowed the off-duty in a week and on.

90. Inspection of guard.— The Assistant Superintendent shall visit

the guard at night at least once a week preferably after 10.00 p.m. and

satisfy himself that the standing guard is present, the sentries posted

are on the alert, and that the rounds are being properly maintained. It

shall be so arranged that the Deputy Superintendent and Assistant

Superintendent make night visit on different days within a week

91. Check of valuable property.— The Assistant Superintendent

shall, in the month of December, every year go through all the valuable

property in his possession, compare them with the registers and satisfy

himself that they are correct. He shall enter a certificate to that effect in

his report book and a copy of it shall be submitted to the

Inspector-General of Prisons by the 15th January next through the

Superintendent.

92. Maintenance of Report Book.— With the registers and satisfy

himself that they are correct. He shall enter a certificate to that effect in

his report book and a copy of it shall be submitted to the

Inspector-General of Prisons by the 15th January next through the

Superintendent.

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[PART–II

93. Joint responsibilities with the Deputy Superintendent.— The

Assistant Superintendent shall share the Deputy Superintendent’s

responsibilities for carrying out of rules for the maintenance of security,

custody and discipline. He shall not be absent from his quarters at night

without the written permission of the Superintendent or Deputy

Superintendent.

94. Delegation of Deputy Superintendent’s duties to Assistant

Superintendent.— The Superintendent may by an order to be recorded

in the order book allot to Assistant Superintendent any portion of the

Deputy Superintendent’s duties.

95. Executive work and drill.— Every Assistant Superintendent

shall be liable to be required to undertake executive functions and shall

learn the drill and to take the drill.

96. Duties of Assistant Superintendent in absence.— The duties

of the Assistant Superintendent shall be performed by the Principal

Warder during his absence, on leave, off days or on other occasions.

PRINCIPAL WARDER

97. Principal Warder and his duties.— (1) The Principal Warder

is equal to Principal Warder shall, subject to the general control of the

Deputy Superintendent and Assistant Superintendent, be responsible

for the work of the guarding/warder establishment and for the due

carrying out of all rules relating to it and to the guarding of the prison.

The Principal Warder will look after the Principal Warder work and

Gatekeeper work.

(2) He shall have charge of the uniform and equipment's of every

description of the warders establishment and shall maintain all accounts

and registers relating thereto. He shall supervise the attendance of the

standing guard, the mounting of sentries, relief, etc.

(3) He shall assist the Deputy Superintendent at unlocking and

lock-up. He shall visit the guards and sentries frequently by day and

at least twice a week at night and shall make an entry of the hour of

these visits, and of any irregularities, he may discover, and report to

the Deputy Superintendent of jails. He shall be exempted from the duties

specified above during his absence on weekly off-days.

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(4) He shall be responsible for the smartness and cleanliness

of the warders and for their being properly dressed at all times. He shall

perform such other duties as the Superintendent may, by order to be

recorded in the Superintendent’s Order Book, assign to him. He/she are

the responsible personnel for the incident occur at the duty point.

THE GATEKEEPER

98. A Gatekeeper to be on duty.— In every prison, there shall be

a Gate-keeper of the rank of Principal warder and he shall be under the

immediate control of the Deputy Superintendent. He shall be on duty at

the main gate between the hours of opening the prison in the morning

and closing it at night, his place being taken during temporary absence

for meals, weekly off-days or the like by Principal Warder.

99. Record of Relief.— The Gatekeeper is incharge of outgoing diet

and non-diet items and incoming and also he has to note outgoing

person and incoming person hours and signature should be noted in

the Gatekeeper register. At every relief of a Gatekeeper, a note of the

hour of such relief shall be recorded and signed by both the relieved

and relieving officers.

100. Persons allowed to enter and leave the prison.— (1) The

Gatekeeper shall admit or pass out of the prison, as the case may be:-

(a) Ministers, all official and non-official visitors and officers

of Government Departments on duty;

(b) officers of the prison going on or coming off, duty inside;

(2) With the exception of the persons mentioned in sub-rule (1)

no person shall be permitted to enter or leave the prison, unless under

a written order from or when accompanied by the Superintendent,

Inspector-General of Prisons, Minister or Chief Secretary to Government.

(3) A list of the official and non-official visitors entitled to

admission shall be pasted between the gates.

(4) The staff in charge of the gate shall extend all due

courtesies to visitors, members of the public and Government servants

and every visitors shall be properly accommodated in a room or

convenient place near the gate until the escort is arranged.

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101. Power to search such persons.— (1) All official and non-

official visitors, casual visitors admitted with or under the orders of the

Superintendent, respectable merchants, pleaders and the superior

subordinates of other departments visiting the prison on business or

on duty, and prison officers of the rank of Principal Warder and above,

shall ordinarily be exempt from being searched.

(2) If, the Gatekeeper have reasons to suspect that any person

ordinarily exempt from search is introducing or removing prohibited

articles, he shall detain such person between the gates, and send notice

to the Deputy Superintendent who shall himself, if he thinks necessary,

conduct a search.

(3) Females shall be searched only by a female warder, in private,

and without the presence of any male officer.

(4) The Deputy Superintendent shall occasionally and at least

once a week at unexpected times, search some of the officials of the

prison, subordinate in rank to himself, and who are ordinarily exempt

from search, on their way into or out of or when inside the prison, and

shall report the circumstances under which he has done so, with the

results, in his report book.

(5) The search of all officers ordinarily exempt from search shall

be conducted by the Deputy Superintendent with as much privacy as

possible.

(6) Should any person, other than a prison officer or prisoner,

decline to submit to be searched or decline to deliver up any transferable

articles in his possession to the temporary custody of the Gatekeeper,

when required to do so, he shall be denied admission.

Explanation:-This rule must be enforced with circumspection so

as not to offend the feelings of officers and others.

102. General duties of Gatekeeper.— (1) In addition to the duty

prescribed for Gatekeepers in section 21 of the Prisons Act, 1894 the

Gatekeeper shall maintain such registers and enter therein such

particulars as the Superintendent may from time to time prescribe.

(2) The Gatekeeper shall comply with all rules, regulations,

directions and orders for the time being in force, regulating the persons

who may be permitted ingress to, and egress from, and the articles which

may be taken into, and brought out of the prison.

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103. Record of persons and things entering and leaving prison.—

(1) The Gatekeeper shall keep a record in the register of the name of

every person, and a brief description of every article of whatever kind,

that passes into or out of the prison, with the hour and a minute of

such passage and in the case of articles, the name of the person in whose

custody they passed through.

(2) He shall require the production of a pass signed by

competent authority, by every person not entitled to admission without

one, and in respect of every article without exception that he allows into

or out of the prison, and shall file all such passes as his authority for

action.

104. Particulars of records.— (1) The record of all persons who

pass into or out of the prison, shall be kept in separate registers.

(2) The description of articles shall be no more than sufficient

to permit of subsequent check. In the case of factory parcels, packed

and sealed, description of their contents is unnecessary.

(3) All entries relating to persons or articles shall be made at

the time of their passage through the gateway and in consecutive

105. Gatekeeper responsible for condition of main gate.— The

Gate-keeper shall be responsible-

(a) For the cleanliness and tidiness of the passage between the

gates and the security of articles placed therein, which shall, for the

time being, be in his charge;

(b) That the gates and wickets of the main gate, except when it

is necessary to open them for the purpose of passing any person or

thing into or out of the prison, are kept, shut and locked; and

charge.

106. Working of double gate system.— In prisons provided with

double gates with or without wickets, the Gatekeeper shall open only

one gate or wicket at a time and before doing so, shall satisfy himself

that the other means of entry and exit are secure. Ingress and egress

for ordinary purposes shall take place through the wicket doorways.

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107. Method of passing prisoners into or out of prison.— (1) On

passing prisoners out of the prison, the Gatekeeper shall first let them

through the inner gate or wicket should be checked by the male prisoners

by male warders and female prisoners by female warders and, having

locked it shall write in full in the register provided for the purpose names

or register numbers of all the prisoners and the warders in charge. He

shall then open the wicket in the outer gate and count the prisoners as

they pass out, to verify the total.

(2) Every change in the constitution of a gang passed out of

the prison must be noted and attested in the gate register by the

signature or seal of the officer responsible for making the change, as

well as by that of the Gatekeeper who shall on the first opportunity report

the circumstances to the Deputy Superintendent.

(3) On passing prisoners into the prison the Gatekeeper shall

open the outer wicket and admit the gang to the passage between the gates.

He shall then lock the outer wicket and call out the name or number of

each prisoner and warder, as recorded in the registers. The gang having

been found correct, he shall open the inner gate or wicket gate and count

the prisoners as they pass into the prison to verify the total.

(4) The Gatekeeper shall be responsible to ensure that every

prisoner or gang taken out of the prison is incharge of a guard of the

proper strength duly authorized for this purpose.

108. Gate register to be submitted to Deputy Superintendent.—

The Gatekeeper shall submit the gate register daily to the Deputy

Superintendent, for scrutiny and initial and shall submit once a fortnight

to the Superintendent.

109. Power to detain persons committing offence.— Pending the

making of a report to the Deputy Superintendent, Gatekeeper may detain

or cause to be detained in custody any person who may, in his presence,

sight or hearing, commit any criminal or prison offence at or in the vicinity

of the prison gate.

110. Delivery of keys at lockup.— When the prisoners are locked

up for the night, the keys of the gates and wickets shall be locked into

the fixed key-almirah at the main gate. Duplicate keys of the lock used

on the outer gate or wicket shall be given by the Deputy Superintendent

to the visiting officers for the night, and the duplicate key of the lock

used on the inner gate or wicket to the warder detailed to sleep between

the gates.

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111. Keys to be kept in bunch.—The keys of the main gates and

wickets of every prison shall be kept in one or two bunches, as may be

convenient and on a chain or ring, for safety and easy attachment to

the waist belt.

112. Bright light in night.— A light shall be kept burning brightly

in the passage between the gates throughout the night.

113. Articles to be kept between gates.— (1) In the passage

between the main gates, the following articles shall ordinarily be kept,

namely:-

(a) a clock;

(b) a weighing machine;

(d) a desk with lock and key for the Gatekeeper’s books and

writing materials;

(e) a wall almirah or box for keys with glass frames;

(f) apparatus for extinguishing fire;

(g) a telephone;

(h) a siren;

(i) a first aid box;

(j) a notice-board;

(k) scanning machine and metal detector;

(2) The warder on night duty in-between the gates shall be in-

charge of the gate after lockup.

(3) Entries of ingress and egress or of any article entering and

leaving the prison between lock-up and unlocking shall be made by the

guard officer in his night report for the information of the Gatekeeper,

who shall incorporate these next day in the appropriate registers.

(4) A printed copy of these rules shall be pasted in the main

gate-way of every prison close to the Gatekeeper’s desk.

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[PART–II

MEDICAL PERSONNEL

114. The Government shall appoint a Medical Officer (In Charge)

for every prison. During the absence of the Medical Officer (In Charge),

other officers like Staff Nurse shall attend to his duties in the prison.

These Medical Officers shall be under the administrative control of the

Chief Superintendent of Jails.

115. Functions of the medical personnel.— The medical personnel

shall be directly responsible for the medicare and health of prisoners.

They shall also ensure the maintenance of minimum standards of

hygienic conditions in the prison premises. The specific duties of each

of the medical personnel shall be assigned in the following areas:-

(i) Preventive Service:- Examination of all inmates on admission

and release periodical re-examination, immediate provision of whatever

treatment is indicated, immunization, segregation and treatment of those

having contagious or infectious conditions, inspection and advice regarding

diet, clothing, equipment, industrial safety, environmental and institutional

sanitation and hygiene, health education for inmates and personnel.

(ii) Curative Services:- Treatment of diseases, dental care,

treatment of skin ailments, correction of defects of sight, hearing, speech

and posture, provision of artificial limbs, glass eyes, trusses and other

prosthetic devices, prescription of special diets and exercise and

physiotherapy.

(iii) General:- Hospital administration, hospital discipline,

classification of prisoners, assessing work and employment potential of

inmates, suggesting special precautionary measures where necessary for

certain types of offenders, daily visit to prisoners under punishment,

prisoners under sentence of death, inspection of kitchen, canteen

provisions and supplies, medical treatment of personnel, assisting the

Superintendent in matters pertaining to institutional management, liaison

with local officers of Medical and Health Departments. The main

responsibility of the Medical Officer is to take-care of the sick prisoners.

116. Residential Quarters of the Medical Officer.— The Medical

Officer deputed to a prison hospital, shall be entitled for staff quarters

as per rules and entitlement.

117. Terms of Appointment.— The Medical Officer, Staff Nurse and

nursing orderlies should be appointed by the Prison/Directorate of Health

and Family Welfare Services, Puducherry.

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WELFARE UNIT PERSONNEL

118. Welfare Unit.– Prison welfare officer should be appointed in

each central and district prison to look after the welfare and reintegration

programs of prisoners. It is advisable to have at least one welfare officer

for every 300 prisoners in a central prison and at least one for each

district prison.

119. Duties of Welfare Officer.— Government may appoint a

Welfare Officer in central prison based on requirement whenever needed

should be appointed on deputation through welfare Department,

Puducherry. It shall be duty his duty.

(a) To coordinate the work of the welfare unit;

(b) To help the inmates in overcoming problems of institutional

adjustment;

relatives outside;

(d) Facilitate understanding between the inmates and

administration;

(e) To assist inmates in dealing with problems faced by their

families and dependents;

(f) Participating in the orientation, classification and

reclassification programmed;

(g) To assist the prison authorities in maintaining prison

security discipline;

(h) To identify the resources for rehabilitation of prisoners;

(i) Participating in the pre-release programme and helping the

inmate establish contacts useful to him after release.

120. Duties of Counsellor.— Government may place services of a

counsellor full time based on requirement in Central Prison.

(i) Dealing with emotional and psychological problems of

inmates;

(ii) Providing counselling to prisoners facing problems of

adjustment within the prison and in relation to their families outside;

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(iii) Helping inmates develop their self-image, self-confidence

and motivation for correctional treatment;

(iv) Helping the staff in understanding the problems faced by

the inmates;

(v) Aiding the psychiatrist in related matters.

121. Probation officer.— Government shall appoint a Probation

Officer in the Central Prison or empower any of the prison officers to

discharge the functions of Probation Officer. He shall look after all

matters relating to pre-mature release including probation service and

release of prisoners on leave and emergency leave, under the

supervision of Chief Superintendent of Jail. He shall discharge the

functions as required under the Probation of Offenders Act, 1958.

Probation Officer shall perform any other work assigned to him by the

Inspector-General of Prisons, Chief Superintendent of Jails and

Superintendent of Jail in correctional matters.

122. Duties of Social Worker.— Government may appoint a Social

Worker (Master of Social worker with Psychology) place services of

qualified person from other Department as per requirement in Central

Prison. His duties shall be:-

(a) To make a social study through personal interview in the

case of prisoners sentenced for a period of one year and above within

a week of their admission and to prepare a Social Case Study Report for

each prisoner and submit it to the Superintendent; to attend to cases of

prisoners sentenced to less than one year also within a week, if so

ordered by the Superintendent of Jail;

(b) To classify the problems of the inmates and deal with their

difficulties in institutional life;

the Superintendent in the classification of prisoners and in their

reclassification; to participate in the orientation process;

(d) To establish Co-operation and understanding between the

prisoners and the administration and to deal with all correspondence

relating to it;

(e) To assist the prisoner in developing his contact with his

family and to provide assistance to the prisoner and his family members

and to deal with all correspondence relating to it;

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(f) To conduct individual counselling for not less than two

prisoners per day and to send reports to the Superintendent;

(g) To hold not less than two sessions in a week for group

counselling and each group shall contain not exceeding ten selected

prisoners. He may hold such sessions after lock-up and before they go

to bed. At the time of group counseling, an Assistant Superintendent

shall be present representing the executive side and to take

precautionary measures from the security point of view;

(h) To assist the Superintendent in the preparation of

pre-release programme for prisoners sentenced to one year and above;

(i) To be responsible for the maintenance of prisoner’s case files

in connection with the classification by the Committee;

(j) To maintain a report book, wherein he shall report his daily

work and to send a special weekly report to the Superintendent. The

report book shall be placed before the Superintendent once in a week

on a day convenient to the Superintendent or oftener, if necessary;

(k) To submit monthly assessment report to the Superintendent

for transmission to the Chief Probation Officer (Philosophy in sociology

or Psychology) and forward it to the Inspector-General of Prisons with

his remarks. The report shall be returned to the Superintendent with the

orders of the Inspector-General for necessary action;

(l) To perform any other work assigned to him by the

Superintendent of Jail in correctional matters.

123. Duties of Psychologist.— Government may appoint a

psychologist in central prison. It shall be the duty of a Psychologist.

(a) to administer intelligence quotient test and personality test

to every prisoner sentenced to a period of one year and above:

Provided that the above tests shall also be administered in the

case of prisonerssentenced to less than one year, if so ordered by the

Superintendent or Assistant Director of Correctional Services.

(b) to be a member of the Classification Committee and to assist

the Superintendent in classification and re-classification.

prisoners per day and to sendreports to the Superintendent.

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124. Other duties of welfare functionaries.— (1) Welfare Officer,

Probation Officer, Psychologist and Social Worker shall act in immediate

subordinate to the Superintendent of Jail and Chief Superintendent of

Jails and shall be subject to the general control of the Inspector-General

of Prisons. They shall co-operate with the custodial staff in matters

relating to security, custody, discipline or day-to-day day functioning

and administration of the prison and also in building prison morale.

(2) Requests shall be made by these officers to the

Superintendent of Jail in writing to arrange for interview or administering

the tests, etc. In no case, the interview of a prisoner after lockup shall

be allowed and there shall be no objection to the presence of the

guarding personnel within sight, but out of hearing, if so desired.

(3) They shall be present at the Superintendent’s weekly

inspection parade.

(4) The Superintendent of Jail shall equally distribute the work

among them.

125. Maintenance of registers and records.— (1) There shall be a

common dispatch register for Welfare Unit Personnel. The Psychologist,

Social Worker, Welfare Officer and the Probation Officer, shall maintain

separate current/receipts’ registers.

(2) Such of the records maintained by the Psychologist, Social

Worker, Welfare Officer and the Probation Officer shall also be inspected

by the Superintendent of Jail and Chief Superintendent along with the

other records of the Prison.

EDUCATIONAL PERSONNEL

126. Duties of educational personnel.— Education in prisons has

to be pursued as an important means of reformative treatment. It not

only implies providing literacy but also inculcating values among

prisoners as are considered conducive to their social mainstream.

Therefore, education personnel have to offer a comprehensive programme

of education to prisoners in which various educational functionaries will

perform their specific duties in the following areas:-

(i) Conducting diversified educational programmes for health,

academics, social and moral education;

(ii) Linking prison education with mainstream education;

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(iii) Screening of newly admitted inmates for the determination

of their educational aptitude, abilities and interests;

(iv) Participation in Classification Committee’s work;

(v) Conducting literacy, socio-cultural and spiritual development

programme;

(vi) Arranging tests and examinations; periodically assessing

educational progress of inmates, changing educational programmes when

necessary;

(vii) Maintenance of a library with sufficient reading material;

(viii) Audio-visual facilities;

(ix) daily 1 hour counselling programme to be given for all the

prisoners.

TECHNICAL PERSONNEL

127. Duties of Technical personnel.— The technical personnel are

responsible for the development of vocational training and diversified

programmes of productive work as an important component of the

reformative process. While technically qualified and trained staff has to

provide knowledge and skills for economic rehabilitation, the other

technical staff like Electrician and Plumber should be on round the clock

and they can be deputed from Public Works Department and Electricity

Department will have to ensure proper maintenance of the prison

infrastructure. The specific duties to be discharged by them are:-

(a) Instructors:- The specific duties of the Instructors shall

include:-

(i) Giving vocational aptitude test to inmates, interviewing

and collecting data about inmates’ vocational history,

skills abilities and interests;

(ii) Suggesting work and vocational training programmes for

inmates;

(iii) Preparing plans for vocational training projects;

(iv) Imparting apprenticeship, on-the-job and vocational

training to inmates;

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(v) Utilizing resources of service and maintenance unit for

training purposes;

(vi) Arranging arts and handicrafts projects;

(vii) Arranging vocational examinations for inmates;

(viii) Training of newly admitted prisoners;

(ix) Maintaining progress reports about the training of

prisoners;

(x) Suggesting improvements in work methods;

(xi) Keeping the equipment and machines in the workshop in

good working condition, custody and maintenance of

shops and factories;

(xii) Ensuring safety measures in workshops and factory

areas;

(xiii) Maintenance of discipline in the area under their charge,

attending to emergency situations;

(xiv) Distribution of work to inmates;

(xv) Maintaining muster rolls of inmates working in various

sections;

(xvi) Supplying inmates with production tools and materials;

(xvii) Supervision over quality and quantity of production;

(xviii) Maintaining task sheets;

(xix) Measuring tasks and apportioning wages;

(xx) Indenting raw material from the Storekeeper, storing raw

material in their charge, maintaining an account of raw

material and manufactured articles in their charge,

dispatch of manufactured articles to the Storekeeper,

monthly checking of stores under their charge and

reporting the same to the authorities concerned;

(xxi) Preparing work plans for worksheds under their control

and forwarding them to the officer in charge.

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(b) Maintenance Staff:- The specific duties of the maintenance

staff shall include:-

(i) Maintenance and repairs of prison buildings;

(ii) Maintenance and service of machines, tools and

equipment and transport;

(iii) Maintenance and service of electric lines, plumbing

facilities, water supply plant and power plant;

(iv) Periodical testing of emergency equipment likes

firefighting equipment and accident prevention measures.

AGRICULTURAL PERSONNEL

128. Agricultural personnel.— (a) Whenever if necessary, the

agricultural qualified person may be required from the Agricultural

Department, Puducherry on deputation basis.

(b) Keeping in view, the rural background of most of the

prisoners, training and development of agriculture in prisons, the

agricultural personnel have to be responsible for the upgradation of their

skills in this field. The specific duties to be performed by them are

indicated as under:

(i) Dealing with all matters pertaining to agriculture and

horticulture;

(ii) Distribution of agricultural work to prisoners,

maintenance of muster rolls, assessing the work done and

apportioning of wages;

(iii) Planning of training projects, imparting training to

inmates in improved methods and practices of agriculture

and horticulture;

(iv) Maintaining progress reports about the training of

inmates;

(v) Indenting of material from the Storekeeper; storing of

material, maintaining an account of the equipment,

material and produce, monthly stock taking;

(vi) Preparing plans for agriculture and related work;

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(vii) Security and maintenance of tools and equipments,

livestock;

(viii) Maintenance of discipline in area in their charge, daily

inspection rounds, weekly night inspection of forms and

attending to all emergency situations.

MINISTERIAL STAFF

129. Duties of ministerial staff.— Ministerial staff shall be so

organized as not to leave any scope for sharing their duties with

prisoners. The members of ministerial staff will be assigned duties by

the Chief Superintendent of Jails as per the position he/she holds and

the requirements. The specific duties of the Cashier and Storekeeper shall

be:-

(a) Accountants/Cashier:- He shall be responsible for

preparation of budget, maintenance of accounts of all branches and

stores, accounts and cash, daily checking of all stores and accounts

registers, financial returns, periodicals and statistics, monthly stock

taking of all stores.

(b) Storekeeper:- In charge of all stores that is, grain, provision,

supplies, raw material, accessories, manufactured articles, inmate

equipment, personnel equipment, dead stock and miscellaneous stores.

CHAPTER–7

PRISON STAFF DISCIPLINE

130. Division of staff into two parts.— The subordinate

establishment of the Prison Department exclusive of the Medical Branch

is divided into upper subordinate and the lower subordinate.

131. Liability to serve in any prison.— Every subordinate officer

shall be liable to be employed wherever it seems fit to the Inspector-

General to employ him. Whenever a warder is recommended for transfer,

the names of the Prisons in which he has previously served shall be stated.

132. Knowledge of rules.— Every subordinate officer shall make

himself fully acquainted with the rules and regulations relating to his

office, and no plea of ignorance will be accepted as an excuse for neglect.

The rules prescribed by the Government regulating the conduct of public

officers are applicable to all subordinate officers.

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133. Duties towards superior officers.— Every subordinate officer

shall yield prompt and strict obedience to all orders of the superior

officers and shall treat all superior officers at all times with respect.

134. Absent without permission.— No subordinate officer shall be

absent during the hours fixed for his attendance without the permission

of the Superintendent or Deputy Superintendent. Any subordinate officer

disabled from the performance of duty by illness shall give or send

immediate notice to the Deputy Superintendent who shall make such

arrangements as may be necessary for the performance of the duty of

the disabled officer.

135. Restrictions on prison staff.— No member of the staff of

Prison Establishment shall, without the express sanction of the

Government of Puducherry or of the prescribed authority:-

(a) be a member of or be associated in any way with any Trade

Union, Labour Union, Political Association or with any class of trade

unions, of Political Associations; or

(b) be a member or be associated in any way with, any other

society, institution, association or organization that is not recognized

as part of Prison Administration of which he is a member or is not of a

purely social, recreational or religious nature; or

cause to be published any book, letter or other document except where

such communication or publication is in the bona fide discharge of his/

her duties or is of purely literary, artistic or scientific in character or is

of a prescribed nature.

136. Dress and personal appearances.— All members of staff shall

be clean in person and dress and those for whom a uniform is prescribed

shall at all times wear it while on duty and shall further conform to such

regulations concerning their personal appearance as may be established

by authority.

137. No officer to smoke or drink in the jail.— No officer shall

smoke or drink while on duty or introduce liquor, tobacco or any other

drug, mobile phone/cell phone or any other prohibited articles into the

prison.

138. No officer to receive private visitors.— No subordinate

officer shall receive any private visitor within the Prison, except with

the written sanction of the Superintendent.

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139. Conditions as to residence.— (1) All officers, both gazetted

and non-gazetted shall reside in the prison premises or in such quarters

as may be approved by the Government in the case of gazetted officers,

and the Inspector-General of Prisons in the case of non-gazetted officer.

(2) Every gazetted and non-gazetted member of the prison

establishment shall be entitled to rent-free residential accommodation

on modern lines with adequate community services and facilities. Each

institution should have provisions for lodging officials, guests and other

visitors, visiting the institutions.

(3) No officer shall, except with the written permission of the

Government, allow any person other than the members of his family to

reside with him/her, either temporarily or permanently, in his/her quarters

in the prison premises. Prison personnel who are entailed to rent free

accommodation but, are not provided with such accommodation should

be paid house-rent allowance at par with Government employees in other

departments.

Explanation:- (a) In this rule, the expression 'members of the

family’ includes:-

(i) the wife or husband, as the case may be, of the official;

(ii) son, daughter or step-son or step-daughter of the official

and wholly dependent on him/her;

(iii) Any other person related, whether by blood or marriage,

to the official's wife or husband and wholly dependent

on the official.

(b) The following facilities should also be extended to staff

quarters and premises:-

(a) Periodical disinfection.

(b) Conservancy and sanitation services in staff quarters.

140. Prohibition against quarrelling.— Quarrel between Prison

Officers is strictly prohibited. Any disagreement between subordinates

relating to their duties shall be referred to the Superintendent or

Chief Superintendent of Jails or Inspector-General of Prisons. Any

complaint made by one officer against an equal or superior officer shall

be made to the Superintendent. Officers making frivolous or false

complaints shall be severely punished.

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141. Officers to prevent escapes and introduction of prohibited

articles:- Every prison officer shall:-

(a) exert the utmost vigilance to prevent escapes;

(b) prevent to the best of his power the introduction into the

Prison and the giving to any prisoner of any prohibited articles; and

except as permitted by rules.

142. Prohibition against entering a ward or cell at night.—

Except as elsewhere provided, no subordinate officer shall enter a ward

or cell at night. Provided that in case of sickness or other emergency he

may so enter along with another authorized officer Provided further that

the Superintendent may by order in writing relax this rule during the

presence in the prison of an epidemic disease.

143. Responsibility of Warder for charge of gang.— No Warder

shall be deemed to be free of responsibility for the charge of a gang of

prisoners until he is relieved by another Warder detailed for the duty,

in the presence, and under the signature made at the time of relief of

the Warder whose duty is to conduct such relief.

144. Duties of officer in charge of gang.— Every officer in charge

of a gang shall make his prisoners march in file and shall prevent all

straggling and disorderly conduct, the holding of unauthorized

communications with each other or with any unauthorized person or the

procuring of any prohibited articles.

145. Care of Keys.— No subordinate officer entrusted with prison

keys shall remove them from the prison, leave them lying about or lend

them to any person on any pretence whatever, but shall, when leaving

the prison or going off duty, deliver them to such officer as may be

authorized to receive them. The keys of wards, cells or outer gates are

not on any account to be delivered to any prisoner.

146. Care of Government property.— (1) When an officer entrusted

with the care of Government property, such as warrants, cash, stores,

machinery, etc., is transferred, proceeds on leave (other than casual

leave), resigns, is suspended or discharged, he shall make over all

property in his care to the officer appointed to relieve him and the

relieving officer shall compare all articles thus made over with the entries

in the prescribed registers and satisfy himself that they are correct and

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shall then initial each register in its proper place in token of having

correctly received charge of the articles entered therein. Until charge is

thus taken and the registers initialed by the relieving officer, the officer

relieved shall be wholly responsible for all errors and deficiencies in the

property.

(2) All officers shall, on relief, hand over all current files,

accounts and registers in their charge and obtain the signatures of the

relieving officers in the list maintained by them, in token of the correct

handing over and taking over of the various records.

147. Officers to instruct their successors.— All officers, on being

relieved from any particular duty or transferred to another part of the

prison, shall point out to their successors, all matters of special

importance connected with their charge and explain any directions of

any superior officer affecting any particular prisoner or matter.

148. Prisoners to be treated to with good temper.— All prison

officers shall treat prisoners with good temper, humanity and strict

impartiality, and shall listen patiently and without irritability to any

complaint or grievance, while at the same time maintaining strict

discipline and enforcing observance of the rules and regulations. It is

important that every complaint made by a prisoner should be heard with

attention, in order that grievances may be redressed and no cause for

discontent may be allowed to remain. The directions issued by the

National Human Rights Commission, from time to time, in such matters,

shall be strictly complied with.

149. Prohibition against punishing or abusing prisoners.— No prison

officer shall, in any circumstances, punish any prisoner except under

the Superintendent's order or threaten any prisoner with punishment or

use violent, abusive or insulting language to any prisoner. All conduct

intended merely to irritate or annoy any prisoner shall be avoided.

Prisoners shall be addressed by their proper names or numbers.

150. Prisoner not to be struck.— No prison officer shall on any

pretext strike a prisoner except in self-defence or in the repression of

disturbance, and no more force shall then be used than is absolutely

necessary.

151. Immediate report of misconduct to be made.— No subordinate

officer shall, either through favor or a mistaken notion of kindness, fail

to make an immediate report to his superior officer of any misconduct

or willful disobedience of the prison rules.

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152. Familiarity with prisoners forbidden.— No prison officer

shall unnecessarily converse with or treat him with familiarity or allow

any familiarity between a prisoner and any other officer in the prison

nor shall he discuss matters of discipline or prison duties or

arrangements with or in the hearing of prisoners.

153. Officers not to have dealings with prisoners or their

friends.— No prison officer shall lend money to, borrow money from or

incur any obligation in favor of any other prison officer or any prisoner

or correspond with or hold any intercourse with the friends or relatives

of any prisoner or have any unauthorized communication with any

prisoner or with any person whatever as to matters concerning the

prison.

154. Officers not to receive prisoners’ property.— No prison

officer or other person in any way connected with the prison shall

receive or use any article belonging to a person who either is or has

been confined in the prison.

155. Intercourse with discharged prisoners forbidden.— No prison

officer shall correspond with or have any interaction with any discharged

prisoner or with the friends or relatives of such prisoner or allow any

such prisoner, friend or relative to visit or remain in his quarters, except

with the written special permission of the Superintendent.

156. Officer not to be interested in jail contract.— No prison

officer shall, directly or indirectly be concerned in any contract or

agreement for the supply of any article for the use of the prison.

No prison officer shall receive directly or indirectly any fee, gratuity,

present or loan from any contractor or person tendering for any contract

with the prison or from any prisoner, prisoner’s friend or any person

visiting the prison.

157. Officers not to engage in trade.— No prison officer shall,

either directly or indirectly engage in any trade, business or employment

other than his legitimate prison duties.

158. Permission to subordinate officers to maintain a cow.— The

Superintendent may permit the maintenance of a cow each by

subordinate officers and guarding personnel who apply for it and also

allow them to sell the surplus milk.

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159. Inspector-General Prisons to decide when prosecution

should be instituted.—(1) The Inspector-General of Prisons shall decide

whether or not a prosecution shall be instituted in respect of any offence

punishable under section 54 of the Prisons Act, 1894 (Central Act IX of

1894). Whenever a prosecution is determined on the officer concerned

shall be suspended from duty.

(2) For minor offences and in cases of more serious misconduct

when a subordinate officer has a previous good record, the punishments

of censure and fine may be held in abeyance for a stated period ranging

from three to six months at the end of which period the order of

punishment shall be cancelled, if, the officer’s conduct while on duty

during the period of postponement has been good. If, the subordinate

officer’s conduct is found to be unsatisfactory at any time during the

period of postponement, the punishment may at once be confirmed.

A deferred punishment shall be entered in the defaulter sheet or the

confidential report, as the case may be, if it is confirmed.

(3) When the punishment held in abeyance is a censure and is

subsequently confirmed, it shall have effect from the date of offence to

which it relates.

160. Prosecution of Prison Officials.— For the following offences,

if, committed by any prison officer or subordinate officer, a prosecution

shall be instituted unless the Inspector-General of Prisons otherwise

orders, in which case the offender shall be punished departmentally,

namely:-

(1) Willfully or negligently permitting an escape;

(2) Committing any offence punishable under section 42 of the

Prisons Act IX of 1894 relating to the introduction of or supply to

prisoners of prohibited articles, unauthorized communication with

prisoners and abetment of such offences;

(3) Receiving any presents directly or indirectly, receiving any

monetary gain from contractors and private persons who have business

dealing with the prison;

(4) Immoral conduct with regard to any prisoner;

(5) Any offence punishable under the Indian Penal Code, 1860

or other Criminal Law.

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(6) Issuing cell phone to the prisoners by the officials will be

treated as per G.O. No. 5/V-17013/18/2010-PR of Government of India

and also Punishment will be awarded as per the Order of the Joint

Secretary No. 140/Home/P.II/2011, dated 01-04-2011 of Government of

Puducherry.

161. Acquitted officers to be reinstated.— (1) A prison officer

acquitted of a charge by a Criminal Court shall be reinstated in the

service, unless the Inspector-General of Prisons, for reasons to be

recorded in writing, otherwise directs.

(2) If, any directions issued by the Court regarding the

reinstatement of the acquitted officer in service, it shall be complied with.

162. Offences ordinarily punishable by dismissal.— All prison

officials who commit any of the following offences shall ordinarily be

punished by dismissal, unless the previous character of the offender

and the circumstances of the case render a milder punishment sufficient:-

(1) Appearing on duty in a state of intoxication from liquor or

any drug;

(2) Striking a prisoner, except in self-defence or to suppress an

outbreak or unlawfully punishing any prisoner;

(3) Sleeping on duty;

(4) Entering or permitting any person to enter the female

enclosure without proper authority;

(5) Committing or conniving at irregularities in the supply or

distribution of food;

(6) Being concerned, directly or indirectly, in a prison contract

or receiving a present from contractor;

(7) Having dealings with any prisoner or prisoner’s friend;

(8) Supplying any prohibited articles or money to the prisoners;

(9) Insubordination towards any superior officer; and

(10) Any other breach of Prison Rules.

163. Procedure prior to inflicting punishment.— (1) In every case,

where it is proposed to inflict on a member of the service any

punishment, he shall be given a reasonable opportunity of making any

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representation that he may desire to make and such representation, if

any, shall be taken into consideration before the orders imposing the

penalty is passed:

Provided that the requirement of this sub-rule may, for sufficient

reasons, to be recorded in writing, be waived when there is genuine

difficulty in observing them and they can be waived without injustice

to the person concerned.

(2) In every case, where it is proposed to inflict on a member

of the service any punishment, the procedure laid down in the Central

Civil Services (Classification, Control and Appeal) Rules, 1965 and the

procedure laid down by the Government from time to time shall be

followed.

164. Officer to quit the Prison on termination of appointment.—

(1) Every subordinate officer or servant, dismissed, discharged or

allowed to resign his appointment, shall be required at once to quit the

prison and the quarters occupied by him, and shall give up any uniform

or other property of Government, entrusted to him. Every subordinate

officer or servant suspended shall be required to give up any uniform

or other property of Government entrusted to him and quit the prison

forthwith. He shall also quit the quarters occupied by him within one

month from the date of such suspension.

(2) Any subordinate officer transferred from one prison to

another shall also be required to quit the quarters occupied by him,

unless otherwise ordered by the Superintendent or higher authority.

(3) Where a subordinate officer dies while in service, his family

shall be permitted to occupy the quarters for a period of not exceeding

six month from the date of his death, subject to the payment of rent as

prescribed by Government from time to time.

(4) The conditions mentioned under sub-rule (1), (2) and (3)

shall equally apply to all officers of the Prison Department.

165. Caution to officers under suspension.— (1) When a

Government servant is suspended, he shall remain at the Headquarters

fixed in the order. He shall leave the Headquarters only on obtaining

prior permission of the appropriate authority.

(2) He must obey all orders to attend an inquiry into his

conduct, and if he fails to do so, the inquiry may be held in his absence.

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166. Prison Officials convicted by Court.— Any prison official

sentenced to imprisonment by a Court shall be dismissed from service,

except when retention is authorized by Government and or the

Inspector-General on account of consideration such as long service,

good character, and the petty nature of the offence for which he was

convicted. The order of dismissal shall not, however, be passed till

expiration of the period allowed for appeal and till decision of the appeal

in case an appeal is filed and in the meanwhile, the convicted official

shall be continued under suspension.

CHAPTER–8

CUSTODIAL MANAGEMENT

167. Objective of prison custody.— Secure custody of inmates is

the primary responsibility of the prison. The overall objective of reform

and rehabilitation has to be pursued within the framework of custody.

Further, prison custody implies certain restrictions on the basic rights

of prisoners as human beings under the process of incarceration that

prisoners are required to undergo.

168. Security and Custody.— Security measures in each prison

shall be adopted in accordance with its specific requirements. The norms

in respect of security and custody are:-

(i) Demarcation of an ‘out-of-bound’ area as a sterile zone of

atleast 150 metres around the prison premises-Central prison 150 mtrs.,

District prison 100 mtrs., Special sub-prison and sub-prison 50 mtrs;

(ii) Secure walls, building gates, barracks, cells, hospital areas

and other places, daily inspection of the same and proper maintenance

of prison buildings and premises.

(iii) A system of good lighting inside and around the prison;

(iv) A system of thorough searches of all incoming and

outgoing prisoners, articles and vehicles. Daily searches and periodical

surprise searches of all prison sections and equipment;

(v) A central-point monitoring for the control of the movement

of prisoners;

(vi) A thorough system of the control of prohibited articles;

(vii) A thorough system of counting prisoners;

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(viii) A system of custody and control and inspection of locks,

keys, handcuffs and other security equipment, maintenance and service

of all security equipment;

(ix) A system of custody, control, inspection and counting of

tools equipment;

(x) A system of accident prevention and of meeting requirements

during emergencies such as escapes, riots, assaults and fires;

(xi) A system of fire arms control, quarter guard, magazine and

weaponry practice;

(xii) Adequate guarding and security measures by adopting

proper norms for staff and equipment, and periodical testing and

inspection thereof, by executive personnel;

(xiii) Effective system of censoring prisoners' mail and checking

of interviews;

(xiv) Utilization of local intelligence branches wherever

necessary and maintaining an intelligence system to collect information

within the prison;

(xv) Installation of close circuit television system and other

electronic gadgets to effectively monitor and maintain a close watch for

any breach of security inside the prisons;

(xvi) Watch towers, wherever necessary, to watch inside and

outside of the prison, to be constructed and search lights and binoculars

made available; The Prison infrastructure consists of 3 tier wall security,

the 1st wall should be guard by the Armed Police by Police Department,

2nd and 3rd wall will be guarded by the Prison Department;

(xvii) Installing power fencing on the walls of prisons wherever

necessary to prevent escapes, ensuring safety of the prisoners’ lives;

(xviii) A system of thorough search for unearthing explosives

and narcotic substances among prisoners;

(xix) Effective wireless communication system and intercoms to

be established within the prison and also from one prison to another;

(xx) Constructing a second security wall in every prison, making

the prison building as inaccessible an area to the general public as

possible, and also to avoid trespassing also;

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(xxi) A good road inside and outside the main walls for better

patrolling;

(xxii) A modern interview room with sound absorption to ensure

smooth conversation and human dignity, without overlooking the

security;

(xxiii) Effective segregation of prisoners on the basis of security

requirements;

(xxiv) Installation of high pitch sirens to alert prison staff,

public and nearby Police Stations about any untoward happening;

(xxv) Untrained personnel not to be posted inside the prison,

prison premises, under any circumstances for guarding purposes;

(xxvi) Electronic gadgetry may be used for guarding purposes.

169. Guarding establishment.— There will be a guarding

establishment in every prison, responsible for the guarding of prisoners,

prison premises, gate and carrying out any other duties which may be

assigned to them. The guarding establishment includes the Warders

performing their duties in rotation.

170. Quick Reaction Team.— (i) In all Central and District Prisons,

there will be a Quick Reaction Team consisting of eight to twenty

warders, who have undergone commando training, with use of modern

weapons and unarmed combat. This Quick Reaction Team shall be under

the charge of the Assistant Superintendent and will always be ready in

the guard room to meet any emergency. The SOP on the Quick Reaction

Team should be available in each prison.

(ii) The Quick Reaction Team will be divided into two groups

used on alternate days to handle any emergency in the prison. They

will be kept on alert with facilities for fast movement. The Quick Reaction

Team will be used for its specified duties only. As far as possible, the

Quick Reaction Team must be selected from young warders.

(iii) The Quick Reaction Team will always be commanded by an

officer during day and night. There will be two officers in the rank of

Assistant Superintendent to look after the operations.

(iv) Personnel in the Quick Reaction Team will carry the required

modem weapons like pistols, carbines, S.L.R., pump action guns and

authorised quality of rubber bullets, plastic bullets and live ammunition

so that these can be used in emergencies.

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(v) The Superintendent will personally satisfy himself that the

Quick Reaction Team is properly trained, equipped and alert all the time.

When the Quick Reaction Team is detailed, each man under it will carry

the authorised ammunition.

(vi) When one set of the guard is relieved, all arms and

ammunition will be handed over to the relieving guards. The Assistant

Superintendent (Quick Reaction Team) in command will be responsible

for the correct handing over of arms and ammunition.

171. Armed Sentry and his duties.— (1) The watchtowers at the

surrounding of the prison will be guarded by armed sentries and other

portions of inside the prison will be guarded by Warders without arms.

The Reserve Guard shall furnish sentry at the main gate and such other

sentries as the Superintendent may direct. All these guards and sentries

will perform their duties in rotation.

(2) Armed sentries will perform duties in two hourly shifts. It

is the duty of a sentry, both in day and night, to challenge all unknown

or suspicious persons approaching his beat, forbidding them to approach

nearer unless they can satisfactorily account for themselves or, at night,

give the password. No convict will be permitted to approach within

5 mtrs. of any sentry. It is the duty of a sentry to resist all attempts to

break into or out of the prison or of any part of it and to prevent escapes

or illicit communication with prisoners. At night every sentry will report

to the Patrolling Officer if, anything suspicious or unusual comes to his

knowledge. He will give the required assurance that all is well each time

the Patrolling Officer passes by.

(3) The sentry on duty will carry the required arms and

ammunition, which will later be handed over to the relieving sentry.

172. Morning and Evening Muster of Reserve Guard.— Before the

prison is unlocked in the morning, the Reserve Guard and Warders

whose duties for the day have not been fixed will be mustered under

arms outside the main gate, and the Assistant Superintendent will at

once post the day sentries. The guard will be drilled and afterwards shall

remain under arms till the entire team is marched out and dismissed to

the guard-room. The Reserve Guard will again be under arms from the

hour fixed for the cessation of work till the prisoners are locked up for

the night.

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173. General guarding duties.— The general guarding will be

undertaken by the Warder establishment. They will carry on the internal

and external (Main gate) guarding of the prison, the supervision of the

prisoners during labour and at other times as well as the work of

guarding and maintaining security of wards, blocks, workshops, tools

and plants and other Government properties, posts and tower. The arms

guard of the prison staff should be the main gate during the round the

clock. They must be trained Commando and bomb blasting training. The

Reserve Warders to serve inside the Jail, if it is necessary.

174. Conditions to be observed by the guarding personnel.—

(1) The sentry or guard shall, on no account, quit his post without being

relieved. In case, he finds himself incapacitated due to sudden illness

or any other reason to perform his duties, he shall send intimation to

the officer in charge who shall make necessary arrangements.

(2) No sentry or guard while on duty will take off his uniform

and this does not apply while taking his meals or while resting.

(3) Guards and sentries will be made to understand their duties

and responsibilities. They shall not hold any communication with any

prisoner, unless it is required as a part of their official duty.

(4) The officers and men of the Guard are strictly prohibited to

bring anything from outside the prison to any prisoner and from

receiving anything from a prisoner to be conveyed outside the prison.

(5) In case, any prisoner attempts to escape, the guard will at

once raise an alarm and will also prevent damage to Government property.

(6) All guarding personnel, being part of essential services, will

be deemed to be on duty round the clock and will not to be allowed to

leave the premises without permission of the Competent Authority.

(7) The Assistant Superintendent shall maintain a daily report

book in which they shall record all important events and reports of

disposals or incorporation to be shown for appropriate action.

(8) In case of any emergency in prison, Police Personnel may

interact inside the prison.

175. Maintenance of Duty Roster.— (1) A Duty Roster shall be

maintained in each prison. The Deputy Superintendent and Assistant

Superintendent will be responsible for the proper maintenance of this

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their hours of duty and their signature for having understood the duty

hours. The register will be put up to the Superintendent through proper

channel every day for checking and signature.

(2) It shall be the responsibility of the Assistant Superintendent

and the Deputy Superintendent to ensure that the Warders stick to their

post according to the Duty Roster and any violation in this regard shall

be immediately brought to the notice of the Superintendent. The

Superintendent shall also verify this during his surprise visits to different

parts during day and night. Care shall be taken that the night duty is

allotted in rotation.

WARDER ESTABLISHMENT

176. Government to fix permanent strength.— The permanent

strength of the guarding/warder establishment in each prison shall be

determined from time to time by the Government in accordance with

ordinary requirements. There has to be at least one guarding staff for

every six prisoners.

177. Power to sanction temporary addition.— The Government

may sanction the entertainment of such temporary establishment in

addition to the permanent establishment provided for in the last

preceding rule as may, at any time, if urgently necessary.

178. Sanction of temporary establishment.— The Government may

sanction the temporary guarding or Warder establishment in the

following special cases where the ordinary prison establishment is

insufficient to supply the necessary guards:-

(i) A staff not exceeding one Principal Warder and three

Warders to guard a prisoner under sentence of death

provided that when there is more than one such prisoner

in the prison at the same time one extra Principal Warder

shall suffice for all;

(ii) A staff of one more Warder, as may be necessary to guard

any mentally ill prisoner or other persons required to be

kept under observation or specially guarded;

(iii) Staff not exceeding one Principal Warder and three

Warders in all to guard a prisoner or prisoners removed

to segregation sheds outside the prison as decided by

the Deputy Superintendent.

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179. Assignment of duty to warders.— Every Warder shall have a

particular duty assigned to him by the Superintendent or Deputy

Superintendent or Assistant Superintendent or Principal Warder, such

as the charge of a particular ward or set of wards or a particular workshop

or set of workshops or of a particular gang of prisoners inside or outside

the prison.

180. Summary of duties of warder.—The Warders prime duties are,

to look after the movement of the prisoners:-

(a) to see that all convicts sentenced to labour in their charges

are steadily at work and to report to higher authority all cases of idleness,

short work or breaches of prison rules;

(b) to prevent all unnecessary talking, laughing, singing,

playing, quarrelling and other unseemly behaviour and to report the

offender;

do not loiter about the prison;

(d) to see that no prisoner leaves his own enclosure or

communicates in any way with any prisoner in a different enclosure or

with any person outside the prison;

(e) to abstain from all familiarities and unnecessary

communication with prisoners;

(f) to see that there is no dirt or litter in any part of the prison

of which they are in charge, and that the drains are kept properly clean;

(g) to see to the cleanliness of the persons and clothes of the

prisoners in their gangs, that the prisoners bathe as often and at such

hours as may be ordered, and that the bedding and clothing are well

aired according to order;

(h) to bring at once to the notice of the Deputy Superintendent

any signs of sickness or any prisoner complaining of sickness;

(i) to prevent any breaking up of the gang of the prisoners

entrusted to their special charge, except only when any prisoner desiring

to go to the latrine and to see that he is not too long away from his

work and is not permitted to go to any place hidden from view whence,

he may affect his escape; to report any prisoner urinating in or otherwise

be fouling any drain or any part of the prison not set apart for the

purpose;

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(j) to report any case of willful injury to clothing or materials

for work or other Government property;

(k) to prepare the prisoners for morning and evening muster by

the Deputy Superintendent, to report at once to that officer any prisoner

who may be absent; to see that each prisoner comes to his proper place

in proper order and behaves well and keeps silent during meals;

(l) to examine the wards, cells, bedding and clothing directly

the prisoners have turned out, and to report at once any prohibited

articles found therein;

(m) to see that each prisoner gets a proper amount of food, and

that no food is secreted by the prisoners;

(n) to bring at once to the notice of the Deputy Superintendent

if, any prisoner is in possession of any contraband articles or having

any unauthorized prison property in his custody;

(o) to ensure the care and welfare of the prisoners.

(p) All the inmates have to be watched closely, if they feel ill

or mentally absent then the duty Warder have to inform to the concerned

Prison Officer through hierarchy.

(q) the warders should maintain proper register for the prisoner

who feel ill or commit any assault inside the yard, and a written letter

should be submitted to the superior officer regarding the assault or ill

of a prisoner.

(r) Warders are the first responsible personnel for the incident

occur in the duty point.

181. Duty of Warders on relief.— (1) No warder shall, in any

circumstances, leave his post till properly relieved, and his responsibility

shall continue till so relieved. Provided that he may leave his beat to

prevent or to assist in subduing a disturbance taking place within his

sight when he is on main wall patrol duty or when he is in charge of

prisoners, if, he can do so without serious risk to the safe custody of

those prisoners.

(2) If, the Warder concerned fails to do all in his power to

prevent an escape or to assist in subduing a disturbance taking place

within his sight, it rests with him to show that the circumstances were

so exceptional as to justify his abstaining from preventing such an

escape or refusing to assist in subduing such a disturbance.

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(3) A Warder relieved by another Warder shall explain to his

successor his duties and any special orders that may have been given

to him by his superior officers. The relieving officer shall satisfy himself

that the property or number of prisoners made over to him is correct.

182. Duty of Warders in charge of work-shed.— (1) Warders in

charge of work sheds shall see that all tools and property kept in them

are carefully put away or stored on cessation of labour and that no ropes,

bamboos, ladders or other things likely to facilitate escape, are left about

or secreted by prisoners. Similarly, it shall be ensured that no sharp

instrument or materials that will facilitate not only escape by prisoners

but also causing injury to them or other should be left about or secreted

by prisoners.

(2) It shall be the responsibility of Warders to report to the

Superintendent or Deputy Superintendent immediately when such articles

as mentioned in (1) above are noticed by them outside the workshed,

taking care to see that they are not in the meantime removed by the

person concerned to escape from punishment.

(3) It shall also be the responsibility of Warders to report

defects in prison buildings, wall locks lighting arrangements, bars, etc.,

to the Superintendent or Deputy Superintendent.

183. Relief and supervision of sentries.— As a rule, sentries will

be relieved at the end of every two hours. During the day, the Assistant

Superintendent will conduct the relief and at the same time check and

satisfy himself that the sentries are alert and attending to their duties

properly. To discharge these functions during the night, two Patrolling

Officers will be appointed from among the senior Warders. Each

Patrolling Officer will record the hour of his visits by appropriate means.

184. Duty to disclose relations with prisoners.— If, any co-Warder

has relations or connections among the prisoners or has had any

pecuniary dealings or close acquaintance with any of them, it is his duty

to inform the Superintendent or Deputy Superintendent of the fact,

immediately.

185. Guarding establishment.— There will be a guarding

establishment in every prison, responsible for the guarding of prisoners,

prison premises, gate and carrying out any other duties which may be

assigned to them. The guarding establishment includes the Warders

performing their duties in rotation.

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186. Armed Reserve Guard and its functions.— (1) The Reserve

Guard shall consist of eight to twenty Warders, who have undergone

commando training, with use of modern weapons and unarmed combat.

The guarding of the main gate outside shall devolve on the Reserve

Guard as with arms sentry. This Reserve Guard shall always be ready in

the guard room to meet any emergency.

(2) The Reserve Guard shall be divided into two or three groups,

used on alternate shifts of round the clock to handle any emergency in

the prison. They will be kept on alert with facilities for fast movement.

The Reserve Guard shall be used for its specified duties only.

(3) The Reserve Guard shall always be commanded by an officer

during day and night. There will be two officers in the rank of Assistant

Superintendent to look after the operations.

(4) Personnel in the Reserve Guard shall carry the required

modern weapons like pistols, carbines, S.L.R., pump action guns and

authorized quality of rubber bullets, plastic bullets and live ammunition

so that these can be used in emergencies.

(5) The Superintendent of Jail shall personally satisfy himself

that the Reserve Guard is properly trained, equipped and alert all the

time. When the Reserve Guard is detailed, each man under it shall carry

the authorized ammunition.

(6) When one set of the guard is relieved, all arms and

ammunition shall be handed over to the relieving guards. The Assistant

Superintendent (Reserve Guard) in command shall be responsible for the

correct handing over of arms and ammunition.

(7) The Reserve guard may also be used for emergency of

Hospital guard, Court guards, etc.

(8) The duty of guarding the main gate outside shall devolve

on the Armed Reserve Police. For this purpose, sufficient number of

Reserve Police Constables and Head Constables shall be deputed by

the Police Authorities. They will be governed by the guard rules issued

by the Police Department. They shall obey all orders of the

Superintendent of Jail. They should be on round the clock duty. The

interior guarding of the main gate shall be done by warders.

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187. Salutes by Armed Guards.— (1) Guards and sentries are

required to salute the persons mentioned in column (1) of the table below

in the manner mentioned in column (2) thereof:-

Person

Manner of salute

(1)

(2)

The Chief Secretary, Secretaries to Government,

By presenting arms

Inspector-General of Prisons,

Chief Superintendent of Jails (CSJ),

Official and Non-official Visitors,

the Medical Officer, the Superintendent

All other Gazetted Officers of Government and

By sloping arms and

Deputy Superintendent

placing the right

hand smartly on

the butt, fingers

extended

Assistant Superintendent, Principal Warder

By coming to in

a t t e n t i o n w i t h

ordered arms.

Explanation:- (1) The Guard Officer will always bring it to the

notice of the Deputy Superintendent, any failure on the part of the

sentry to comply with this rule.

(2) As a rule the guard will not be turned out under arms for

saluting purposes after sunset.

188. Condition for the Award of good conduct stripes.— Good

conduct stripes may be awarded to Principal Warder and Warders by

the Inspector-General of Prisons on the recommendation of

Superintendent of Jail subject to the following conditions:

(a) for conspicuous good service like preventing escapes by

special intelligence or alertness or detection of jail offence of serious

nature = I stripe.

(b) For two years of uninterrupted good conduct = I Stripe,

I Stripe.

(d) without any punishment for Warders and Principal Warders

total of 10 years of service shall be given good conduct with 2 stripes

alongwith incentives of ` 1,000.

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189. Award of good conduct allowance.— The Inspector-General

of Prisons shall sanction good conduct allowance to the Principal Warder

and Warder at the rate of ` 500 per mensem who have earned three good

conduct stripes under the last preceding rules and an additional

allowance of ` 500 per mensem on their securing six stripes.

190. Loss of good conduct stripes.— The Inspector-General of

Prisons may withdraw the good conduct stripes awarded to the Principal

Warder and Warder on the interruption of good conduct as detailed

below:-

(a) One good conduct stripe last awarded shall be withdrawn

when the Principal Warder or Warder receives two minor punishments

as defined in the Central Civil Services (Classification, Control and

Appeal) Rules, 1965.

(b) Two good conduct stripes last awarded shall be withdrawn

when the Principal Warder or the Warder receives one major punishment

as defined in the Central Civil Services (Classification, Control and

Appeal) Rules, 1965.

191. Future award of good conduct stripes.— The loss of good

conduct stripes under the preceding rule will not debar an officer from

future award of good conduct stripes according to rule.

192. Withdrawal of good conduct allowance.— As soon as the

number of good conduct stripes is reduced below six and three

respectively, the second and the first good conduct allowance shall also

withdrawn respectively.

193. Treatment of good conduct allowance.— The good conduct

allowance shall be treated as personal allowance not counting for

pension and any other purposes. The Principal Warders and Warders

are entitled for the good conduct allowance even when they are on

privilege leave but not when they are on extraordinary leave or on leave

without pay.

194. Wearing stripes.— The good conduct stripes awarded will be

worn by Principal Warder and Warders on both sides of their upper arms,

but not more than three stripes shall be worn. The stripes will be of

white cloth.

195. Recording in service book.— (a) The award and withdrawal

of good conduct stripes and rewards shall be recorded in the service

book of the concerned officer.

(b) The extraordinary service and bravery services may be

consider for State and Central award.

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CHAPTER- 9

UNIFORM OF PRISON OFFICERS

196. Uniform should be prescribed for all custodial and executive

staff, including the Inspector-General of Prisons. Badges of rank for all

uniformed cadres in the Correctional service.

197. Uniform of Inspector-General and other Prison Officers:-

(1) Where the Inspector-General and Chief Superintendent of Jails both

are from Correctional service, they shall wear the badges of ranks as

prescribed in the Correction service Uniform rules and shall be governed

by those rules. Working dress and ceremonial dress as prescribed as

mentioned correctional service.

Note: In case any IAS/IPS/PCS officers are appointed as

Inspector-General of Prisons and Chief Superintendent

of Jails they should wear coat suit with tie along with

name badge.

Uniform of Inspector-General of Prison:-

A - Ceremonial :

Pant

Khaki

Shirt

Khaki

Head wear

Peak cap Khaki serge with khaki peak of the

same material.

Belt

Sambrown regulation pattern with PJS silver

mountings.

Whistle

Metropolitan with blue lanyard and carrying

in the left breast pocket.

Button

Khakki Button

Tie

Dark blue silk

Shoe

Plain brown leather with plain toe caps

Socks

Nylon

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[PART–II

Badges and Rank :

Cap badge

In silver similar to the pattern initials PJS

(Puducherry Jail Service) in centre surrounded

by laurel wreath surrounded by the State

Emblem

Shoulder badges

Crossed sword, baton and one star

Shoulder side badges PJS name with side badge of colour red and

blue

Working dress

Khaki dress with two breast pockets with flats,

Name plate and button, shoulder strap with

badges, pant, nylon socks, brown shoes,

sambrown belt, and whistle with cord, peak cap

or pith hat, bush coat can also be used in place

of shirts.

Uniform of Chief Superintendent of Jails (CSJ):-

A - Ceremonial :

Pant

Khaki

Shirt

Khaki

Head wear

Peak cap Khaki serge with khaki peak of the

same material

Belt

Sambrown regulation pattern with PJS silver

mountings.

Whistle

Metropolitan with blue lanyard and carrying

in the left breast pocket.

Button

Plain Khakki Button

Tie

Dark blue silk

Shoe

Plain brown leather with plain toe.

Socks

Nylon

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Badges and Rank :

Cap badge

In silver similar to the pattern initials PJS

(Puducherry Jail Service) in centre surrounded

by laurel wreath surrounded by Ashoka State

Emblem

Shoulder badges

Crossed sword and baton

Shoulder side badges PJS name with side badge of colour red and

blue

Working dress

Khaki dress with two breast pockets with flats,

Name plate and button, shoulder strap with

badges, Pant, nylon socks, brown shoes,

sambrown belt, whistle with cord, peak cap

or pith hat, bust coat can also be used in

place of shirts.

198. Uniform of the Superintendent of Jail.—

A - Ceremonial :

Pant

Khaki

Shirt

Khaki

Head wear

Peak cap Khaki serge with khaki peak of the

same material

Belt

Sambrown regulation pattern with PJS silver

mountings.

Whistle

Metropolitan with Blue lanyard and carrying

in the left breast pocket.

Button

Plain Khakki Button

Shoe

Plain brown leather with plain toe

Tie

Dark blue silk

Socks

Nylon

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LA GAZETTE DE L'ETAT

[PART–II

Badges and Rank :

Cap badge

In silver similar to the pattern initials PJS

(Puducherry Jail Service) in centre surrounded

by laurel wreath surrounded by Ashoka State

Emblem

Shoulder badges

Silver PJS (Puducherry Jail Service) monogram

with three silver five pointed stars.

Shoulder side badges PJS name with side badge of colour red and

blue

Working dress

Khaki dress with two breast pockets with flats,

Name plate and button, shoulder strap with

badges, pant, nylon socks, brown shoes,

sambrown belt, and whistle with cord (Blue),

peak cap or pith hat, bush coat can also be

used in place of shirts.

199. Uniform of Deputy Superintendent of Jail.—

A - Ceremonial :

Pant

Khaki

Shirt

Khaki

Head wear

Peak cap Khaki serge with khaki peak of the

same material

Belt

Sambrown regulation pattern with PJ silver

mountings.

Whistle

Metropolitan with brown lanyard and carrying

in the left breast pocket.

Button

Plain Khakki Button

Shoe

Plain brown leather with plain toe caps

Socks

Nylon

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Badges and Rank :

Cap badge

White metal Ashoka State Emblem occupying

the centre and top of the badges with words

“PJ (Puducherry Jail)” around.

Shoulder badges

Silver PJ (Puducherry Jail) monogram with three

silver five pointed stars.

Shoulder side badges PJ name with side badge of colour Red and blue

Working dress

Khaki dress with two breast pockets with flats,

Name plate and button, shoulder strap with

badges, pant, nylon socks, brown shoes,

sambrown belt, and whistle with cord (brown),

peak cap or pith hat, bush coat can also be

used in place of shirts.

200. Uniform to be worn on duty.— Officers borne on the cadre

of Prison Department shall wear uniforms. All officers shall, when on

duty, always appear in the uniform prescribed for them.

201. (i) Uniform of Assistant Superintendent.—

(i) Ceremonial :

Pant

Khaki

Shirt/full arm

Khaki with pockets and shoulder straps

Head wear

Khaki peak cap with khaki peak of the same

material.

Belt

Sambrown with brass mounting

Whistle

Metropolitan with khaki silk cord

Button

Plain Khakki Button

Shoe

Plain brown leather with plain toe caps

Socks

Nylon

Name plate

In plastic

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[PART–II

Badges of Rank :

Cap badge

White metal Ashoka State Emblem occupying

the centre and top of the badges with words

“PJ (Puducherry Jail)” around.

Shoulder badges

Two five-pointed white metal stars with PJ

(Puducherry Jail) monogram is white metal.

Shoulder side badges PJ name with side badge of colour red and blue

Working Dress :

Peak cap or pith hat

Pant

Khaki shirt full arm with pockets, Name plate and shoulder straps

Nylon socks

Brown shoes

Web belt

Metropolitan whistle with khaki cord

Rank badges

(ii) Uniform of Principal Warder:-

(i) Ceremonial :

Pant

Khaki

Shirt/full arm

Khaki with pockets and shoulder straps

Head wear

Khaki Barrehcap

Belt

Sambrown with brass mounting brown leather

Whistle

Metropolitan with khaki silk cord

Button

Plain Khakki Button

Shoe

Plain Brown leather with plain toe

Socks

Nylon

Name plate

In plastic

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Badges of Rank :

Cap badge

White metal Ashoka State Emblem occupying

the centre and top of the badges with words

PJ (Puducherry Jail) around.

Shoulder badges

One five-pointed white metal stars with PJ

(Puducherry Jail) monogram is white metal.

Shoulder side badges PJ name with side badge of colour Red and blue

Working Dress :

Barreh cap

Pant

Khaki shirt full arm with pockets and shoulder straps

Nylon socks

Brown shoes

Web belt

Metropolitan whistle with khaki cord

Rank badges

(iii) Uniform of Warders:-

Pant

Khaki

Shorts

Khaki

Shirts

Khaki half arm with two breast pockets

Shoe

Plain black with plain toe

Belt

Black leather waist belt with Jail Department

clasp with Ashoka State Emblem surrounded

by words “PJ” (Puducherry Jail), Puducherry.

Whistle

Regulation pattern with Khakki lanyard

Button

Plain Khakki button

Head wear

Kepi cap (French pattern) khaki woolen glaced

black peak with brass Ashoka State Emblem

Baton

Warders will be provided with male bamboo

baton 75 cms, lon and weighing not more than

625 gms.

Canvas shoe

Brown

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[PART–II

Badges of Ranks:

Shoulder badges

Warders will wear PJ (Puducherry Jail)

monogram in white metal in the shoulder straps

and numerals

Shoulder side badges PJ name with side badge of colour Red and blue

(iv) Uniform of the Female Warders:-

Saree/pant

Plain khaki colour

Blouse/shirts

Plain white colour/Khakki colour with shoulder

straps

Badge

“PJ” letters in white metal to be worn on both

the shoulders

Sandals/shoe

Black leather

202. Arms to be carried on duty.— Every member of the Warder

establishment shall, when on duty inside the Jail carry a baton or a male

bamboo lathi.

203. Prison Officers to be smartly dressed.— The Superintendent

shall always see that the Jail Officers are smartly dressed and that their

uniform is kept clean and properly put on.

204. Washing allowance to the non-gazetted executive personnel

of the prison.— Every non-gazetted executive personnel of the prison

shall be paid washing allowance every month at the rate as fixed by

Government from time to time.

205. Uniform to be looked upon as badge of service.— The

Superintendent will impress upon the staff that they should look upon

their uniform as the badge of their service and not as a penal dress to

be thrown aside the moment the duty is over.

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CHAPTER–10

ADMISSION OF PRISONERS

206. Time of admission.— (1) Civil Debtors shall be admitted to

the prison at any hour at which they may be brought.

(2) No other prisoner shall be admitted to the prison on any of

the recognized prison holidays, except with the written orders of the

District and Sessions Judge/Judicial Magistrate.

(3) No prisoner except such as may have been temporarily

absent attending Court, shall be admitted to any prison before sun rise

(unlocking of the prison) on any day or after lockup. Provided that a

prisoner:-

(a) On the special written order of a Sessions Judge or a

Judicial Magistrate or a District Magistrate or the

Superintendent; or

(b) On transfer after due intimation, shall be admitted into

the prison after the hour of its lockup.

(4) Before admitting a transgender, the Medical officer should

check whether he/she has undergone surgery or not. If, surgery is done,

they should thoroughly search by the Female Warder or else they should

be check by the Male warder if, they are not done surgery. After checking

is over for the Transgenders, they should be kept in separate yard and

they should not communicate with other yard prisoners.

(5) The admitting after sunset prisoner may be kept in separate

place near the main gate after sunrise the Gatekeeper and other Warders

can do their thorough checkup and then send inside the jail.

(6) Prisoners who are admitted in the prison after the hour of

its lockup shall be kept in a separate cell specially earmarked for such

purpose.

207. Warrant to accompany of every prisoner for admission.—

No person will be admitted in a prison as a prisoner unless accompanied

by a warrant or order in the prescribed form, signed, dated and sealed

by the Competent Authority. There will be a separate warrant or order

for every prisoner, even if two or more prisoners have been jointly

charged.

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[PART–II

208. Verification as to the identity of a prisoner.— (1) Before

admitting a prisoner, the Assistant Superintendent or Deputy

Superintendent shall examine the warrant and by questioning the

prisoner regarding his name and other particulars and by verifying the

identification marks of the prisoner with those mentioned in the warrant,

shall satisfy himself that he is the person referred to in the warrant.

(2) In the event of a prisoner refusing to answer the Assistant/

Deputy Superintendent or denying the accuracy or the particulars

entered in the warrant, may not be admitted.

209. Examination of warrant for every prisoner.— (1) Before

admitting the prisoner the officer acting as a Gatekeeper or Assistant

Superintendent shall examine the warrant and by questioning the

prisoner as to his name and other particulars shall satisfy himself that

he is the person referred to in the warrant.

(2) Jail officers receiving the prisoners shall also examine the

warrants and see whether there are any discrepancies in it making the

warrant irregular or illegal. If, any discrepancies are noticed in the warrant

the officer concerned shall bring the same to the notice of the Jailor or

Superintendent immediately.

210. Classification of warrant as irregular and illegal.—

Warrants with discrepancies shall be classified as irregular and illegal

warrant.

211. Irregular warrants.— Warrants with the following discrepancies

should be considered as irregular warrants:

(a) Warrant/Order not issued in the prescribed Form,

(b) Warrant written in pencil,

offender,

(d) Warrant without the seal of the appropriate Court,

(e) Warrant without the signature of the appropriate Court or

other Competent Authority,

(f) Undated warrant,

(g) Warrant not stating whether fine is paid or not,

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(h) Warrant without mention of previous convictions in case

of a habitual prisoner,

(i) Warrant with incomplete columns,

(j) Warrant with any other omission or discrepancy.

212. Illegal warrants.— Warrants with the following discrepancies

should be treated as illegal warrants.

(a) Warrant awarding sentence beyond the competency of the

awarding Court,

(b) Warrant awarding sentence more than what is prescribed by

law,

by law,

(d) Warrant issued contrary to the provision of law.

213. Procedure if warrants are irregular and illegal.— (1) If, the

Superintendent Classifies a warrant as irregular due to discrepancies

therein he shall bring such irregularities to the notice of the Court with

a request to send a fresh warrant correctly drawn up. On receipt of such

correct warrant the irregular warrant shall be returned to the Court for

cancellation.

(2) If, the Superintendent considers a warrant to be illegal, he

shall make a reference to the Government together with a copy of such

warrant.

214. Identification of prisoners.— (1) It is the duty of the authority

issuing the warrant to see that the identification roll in the warrant

contains at least three specific permanent identification marks like deep

scars, birth marks, moles, etc., indicating their exact location on the body.

(2) The Officer on duty at the gate shall initially scrutinize the

documents and verify the identification marks mentioned therein on the

prisoner.

(3) The Officer on duty is authorised to refuse admission to a

prisoner in whose case the warrant is found to contain discrepancies in

name or identification marks or if the warrant has not been signed by

the Competent Authority. In such cases, immediate report shall be sent

to the concerned authorities.

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LA GAZETTE DE L'ETAT

[PART–II

(4) In the event of a prisoner refusing to answer to the name or

denying the accuracy of the particulars entered in the warrant the officer

on duty should request the officer-in-charge of the Police Escort to

identify the prisoner on the basis of information at his disposal, as the

person is the name person named in the warrant.

215. Acknowledgment of prisoner and their property.— (1) If, the

officer of the escort delivering the prisoner request for a receipt

acknowledging the receipt of the prisoner, the Gatekeeper shall issue a

receipt to the effect.

(2) The Gatekeeper shall furnish the officer who delivers a

prisoner at the Jail with a receipt noting therein the properties received

with the prisoners. The property shall be carefully examined and shown

to the prisoner and an acknowledgment obtained from the prisoner to

the effect that he has seen the property and it is correct.

216. Search of prisoners on admission.— Prisoners will be

thoroughly searched by a prison official. Female prisoners will be

searched by female staff. Prisoners will wash and be searched in their

yard or respective cell and not in the presence of other prisoners.

Searchers of prisoners will be made, due regard to decency and with

reasonable privacy.

217. Removal of articles from Prisoners.— During the search,

every article, whether clothing, bedding, jewellery, money documents

or otherwise, shall be taken away from the prisoners to whom prison

clothing and bedding will be issued in accordance with the rules. From

prisoners every article shall be taken away except personal clothing.

Other necessities of life such as bedding will be permitted by

Inspector-General of Prisons.

218. Prisoners to wash themselves and their clothing.— On

admission to prison, every prisoner will be required to wash his person

and his clothing thoroughly. If, an epidemic disease exists in the

neighbourhood from which he comes, his clothing shall also be

disinfected. In such cases, special care shall also be taken to cleanse

the prisoner's person especially his/her hair.

219. Entry in admission register.— After enter into the Jail the

entry should be made entry in the gate register.

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220. Registering and serial numbering of prisoners.— The name

of every convicted prisoner shall be entered in Convict Register, the

entries being numbered serially from 1 to 5,000 or such number as shall

be fixed by the Inspector-General of Prisons and the name of every

undertrial prisoner shall be entered in the Register of Undertrial

prisoners, the entries being serially numbered. The number of each Civil

Prisoner shall be entered in the Register of Civil Prisoners in the entries

in which shall be numbered serially from 1 to 5,000. This register will be

maintained by Assistant Superintendent or equivalent in prescribed

Form. The entries in this register will be numbered serially.

221. Use of Register number.— The register number thus given will

be the means of identifying the prisoner-a fresh number being given on

every transfer to another prison. The articles of clothing and bedding

of each prisoner sentenced to rigorous imprisonment for life will be

marked with his number, and in all official communications, the number

will precede the name, e.g., Convict No. 1736, Ashok. If, a prisoner has

to undergo two or more sentences under different warrants, it is not

necessary to re-enter him in the Convict Register on the expiry of one

sentence or to give him another number. However, every prisoner will

be called by his name and not by his number in the register.

222. Reception Ward.— Prisoners, on first admission to prison

shall be kept in a separate reception ward until the initial formalities for

his placement there are completed. The procedure to be adopted on their

admission shall be as under:-

(i) Haircut and shave, issue of soap and disinfecting lotion;

(ii) Disinfection and storing of prisoners’ personal clothes and

other personal items;

(iii) Issue of disinfected prison clothing, bedding and utensils;

(iv) Issue of authorized personal belongings;

(v) Housing as per the principles of basic segregation;

(vi) A thorough medical examination within 24 hours;

(vii) Attending to immediate and urgent needs of prisoners, like

letters, interviews, family welfare, immediate personal problems, etc.;

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[PART–II

(viii) Verification by the Assistant Superintendent in-charge of

admission of committal papers, identification marks, entries in registers,

prisoners’ cash property, appeal and other legal matters, etc.;

(ix) Finger printing and photograph as per rules;

(x) Identification of drug addicts.

223. Orientation of prisoner on admission.— Every newly

admitted prisoner shall be subjected to a programme of orientation so

as to inform him about the rules and regulations. His rights and duties

as a prisoner shall be clearly displayed at each part of the prison and

explained to him in a language he understands. A general assessment

of his background and needs shall also be made by the officials to decide

the appropriate placement within the prison.

224. Entries to be made by Medical Officer in History Tickets.—

(1) In the History Ticket of every prisoner, the Medical Officer shall enter

or have entered under his supervision the following:-

(i) The prisoner’s weight on admission;

(ii) His state of health;

(iii) The class of labour for which he is fit, if sentenced to

labour;

(iv) Whether he has been protected by vaccination/

inoculation for smallpox.

(2) The Medical Officer shall also subsequently enter or have

entered the following:

(i) Details of the vaccination given and the result;

(ii) Admission to and discharge from hospital on every

occasion, with the disease for which admitted;

(iii) Admission to and discharge from convalescent group.

(3) The Medical Officer shall himself enter such other directions

or recommendations, as he may from time to time, consider necessary,

for the maintenance of the health of the prisoner.

225. Particulars to be entered and the officers who shall make

entries in the History Ticket.— (1) On the History Ticket of every

prisoner, following entries, as may be applicable, shall be made by the

Assistant Superintendent:-

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(i) The date of admission into prison;

(ii) The number and name of every article of clothing and

equipment issued on admission and later;

(iii) Any complaint made by the prisoner of sickness or report

of his sickness;

(iv) Application for a copy of judgment, if, the prisoner

desires to appeal;

(v) Receipt of the copy of judgment;

(vi) Substance of the order of the Appellate Court;

(vii) The fact of an appeal not having been made before the

expiration of the term allowed for appealing;

(viii) The amount of remission awarded quarterly;

(ix) The total remission in days earned up to the end of each

quarter;

(x) Every prison-offence alleged to have been committed;

(xi) Every interview allowed and the receipt or dispatch of

private letters;

(xii) Dispatch to a Court or transfer, discharge, escape or

death;

(xiii) The number of cells in which placed on account of

warrant confinement;

(xiv) The fortnightly or weekly measurement of weight;

(xv) The total confinement undergone on warrant on each

occasion of removal, etc.

(2) The under mentioned particulars shall be made by the

Deputy Superintendent:-

(i) The particular work and task in weight, number or

measurement, to which the prisoner is put;

(ii) Every change of work or task for reasons other than

medical;

(iii) The action taken on any direction or recommendation of

the Medical Officer;

(iv) Dispatch of appeal;

(v) Action taken on any order entered by the Superintendent.

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[PART–II

226. Entries to be made by the Superintendent on the History

Ticket.— On the History Ticket of every convict, the Superintendent

shall record:-

(i) Any special order he may have to give related to any

prisoner, e.g., permission to hold an interview or write a letter, separation

by night;

(ii) The award of every punishment;

(iii) Sanction for employment on extra-mural work;

(iv) The award of special remission.

227. Retention of History Ticket after release or death.— The

History ticket of every prisoner shall be retained in safe custody:-

(i) In the event of his escape, for one year,

(ii) The event of his release, for one year,

(iii) In the event of his death, for two years after it occurs, and

(iv) In the event of release on bail, for a year after the result of

appeal is known.

228. Preparation and maintenance of History Tickets, Medical

sheet and Weighment chart.— Immediately on reception of a prisoner

into prison, a History Ticket and nominal roll (Undertrial prisoner) shall

be prepared for and provided to him. Such History Ticket shall be

maintained in the manner hereinafter provided, throughout the period

during which such prisoner remains in confinement. His records will also

be entered in the digital database of the prison.

¡ Every History Ticket shall contain the following particulars:-

(i) The name, prisoner number and other particulars

necessary for the identification of the prisoner.

(ii) A brief entry of every order passed and direction given

relating to, and punishment inflicted on, the prisoner.

(iii) A brief record of every other occurrence of any

importance, affecting the prisoner, which takes place

while he remains in confinement.

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The History Ticket of every convict shall also contain the

following:-

(i) The nature of the offence of which he has been convicted

and the provision of the law applicable thereto.

(ii) The date, nature and extent of the sentence passed.

Every entry made on the History Ticket shall be done at the

time of or as soon as possible after, the occurrence of the event to which

it relates, and shall be dated and signed by the officer who makes it.

¡ Every History Ticket shall contain the following particulars:-

1. The name of the prisoners, address.

2. Crime number and Police Station.

3. Identification marks.

(2) Every entry made on the History Ticket shall be done at the

time of or as soon as possible after the occurrence of the event to which

it relates, and shall be dated and signed by the officer who makes it.

(3) A duplicate history ticket will be issued when original

history ticket is lost. The new history ticket will be marked duplicate

and signed by Competent Authority. The ticket will be reconstructed

by registering all previous entries.

229. Prisoners to be brought before Medical Officer and

Superintendent.— After a prisoner's admission, he shall be brought

before the Medical Officer for entries to be made by him in the relevant

other entries should be made. Superintendent shall be personally

responsible that no undue delay is allowed to occur in this matter.

230. Custody of History tickets, Medical sheets and Weighment

charts.— The History tickets, Medical sheets and Weighment charts

shall be kept under the custody of a subordinate to whom the

Superintendent may assign the work and he shall maintain them. He shall

produce the History Tickets of prisoners whenever required by an officer

of the prison. At the weekly parades, each prisoner shall hold his ticket

in his hand for inspection. The History Ticket shall be produced, with

the prisoner, whenever he is reported for an offence or is brought before

the Superintendent or Medical Officer for any reason. The Medical

sheets, weighment charts shall be issued to prisoners for weighment

parades, inspections, attendance at hospital and the like.

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[PART–II

Note 1: Every under-trial and civil prisoner may be allowed to

retain possession of his History Ticket.

Note 2: At weekly inspections the tickets will be issued just

before, and removed immediately after, the inspection of

the Superintendent.

231. Superintendent to check entries.— When the prisoner is

produced before him, the Superintendent shall compare the entries in

the Registers and History Ticket with those in the warrant and initial

the Convict Register or Register of under-trial prisoners or Register of

civil prisoners, as the case may be, in token of its correctness.

232. Record of date of release, etc.— In the case of convicts, the

date on which the sentence will expire shall be entered in the Convict

entry of his number shall be made in the Register of Prisoners to be

released under that date, but, if the sentence is two months or more, the

date of expiry shall be entered on his Remission Sheet. At the same time,

the prisoners’ register number, name, sentence, date of sentence and

date of release shall be endorsed on his warrant and the endorsement

signed by the Deputy Superintendent and Superintendent after

examination and comparison with the body of the warrant and with the

entries in the Convict Register. In cases, where imprisonment is awarded

in default of payment of fine, the alternative dates of release shall both

be included in the endorsement on the warrant, in the Convict Register,

and in the Register of Prisoners to be released or Remission Sheet.

233. Custody of Warrants.— Prisoners’ warrants shall be arranged

according to dates of release and kept in monthly bundles, the warrants

of prisoners to be released in a particular month being placed in one

bundle and each bundle being docketed outside with the month and year.

They shall be kept in a locked drawer or almirah of which the Deputy

Superintendent shall keep the key. Copies of judgments orders of

Appellate Courts and orders of Government, disposing of prisoner’s

petitions, together with correspondence relating to payment of fine,

classification and the other connected records shall be filed and kept

with the warrant of the prisoner to whose case they relate. The final

disposal of warrants shall be made as prescribed in the rules.

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234. Medical examination of prisoners.— (1) The weight of

prisoners on admission shall be taken in the presence of the Medical

Officer and be verified by him. If, the Medical Officer is not present when

prisoners are admitted to prison, they will be weighed by the medical

subordinate on duty during admission if possible and in any case not

later than the following morning. Their weight shall be noted at the time

in a book kept at the main gate, so as to be subsequently verified by

the Medical Officer when their examination takes place. The Medical

Officer shall carefully examine the prisoner and shall himself

recordrelating to health screening on admission and shall simultaneously

record in the appropriate register, as the case may be, his weight, age

and state of health. The Medical Officer shall also supervise the entry

of the prisoners' identification marks. Medical Examination of prisoners

shall be made with due regard to decency and with reasonable privacy.

(2) If, a prisoner looks younger than his age, the matter shall

be referred back to the Court concerned after the due Medical

Examination on the determination of his/her age for further directions,

as no juvenile shall be kept in prison in any case and they are sent to

the juvenile institution laid down in the Juvenile Justice Act.

235. Certification of appropriate class of labour.— In the case

of convicts sentenced to rigorous imprisonment or imprisonment for life,

the Medical Officer shall enter the class of labour on which he will be

employed in the appropriate column of the Convict Register and History

Ticket. A corresponding entry shall also be made in the History Ticket

of the convict.

236. Tickets to be worn by convicts.— (1) Every convicted

prisoner shall wear a metal, plastic or card breast ticket attached to a

brass wire or hook which will be hung on the left breast of the jacket.

(2) Female prisoners shall suspend the ticket to the neck by a

string.

(3) On the face of the ticket the register number and the name

of the convict, the crime, date of sentence and date of release shall be

stamped as under:-

5001

Kumaran

xxx, yyy, I.P.C

14-06-2010

13-03-2021.

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[PART–II

(4) No other particulars such as stars denoting health or the

like shall be entered thereon, and nothing shall be entered on the back

of the ticket. For convictions under sentence for life, date of release

shall be taken as 20 years from the date of sentence. In the case of a

convict having a term of alternative imprisonment, the alternative date

of release should also be shown.

CHAPTER–11

CLASSIFICATION, SEPARATION AND TREATMENT OF PRISONERS

237. Convict to be separated.— All convicts shall, as far as the

requirements of labour and the cell accommodation of the prison shall

allow, be kept separate from each other both by day and night.

238. Separation of categories.— Subject to the availability of

accommodation, the prisoners; shall be segregated as follows:-

(a) “A” class prisoners from “B” class prisoners;

(b) Civil prisoners from Criminal prisoners;

(d) Adult prisoners from adolescents;

(e) Convicted prisoners from under-trial prisoners;

(f) Habitual prisoners from non-habitual prisoners

(g) Prisoners suffering from communicable diseases;

(h) Prisoners suspected to be suffering from mental disorders;

(i) Homosexuals;

(j) Sex perverts;

(k) Drug addicts and traffickers in narcotics;

(l) Inmates having suicidal tendencies;

(m) Inmates exhibiting violent and aggressive tendencies;

(n) Inmates having escape discipline risks;

(o) Known bad characters.

Note: No criminal or non-criminal mentally ill prisoner will be

kept in the prison. Such prisoners shall be immediately

transferred to appropriate Psychiatric hospital or

Psychiatric nursing home with the sanction of the

Competent Authority.

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239. Occupation of vacant cells.— Whenever all the cells are not

occupied by prisoners undergoing solitary confinement on warrant or

by prisoners under sentence of death, mentally ill persons or lepers, the

vacant cells shall ordinarily be occupied in the following order, namely:-

(a) by adolescents, if, there are adolescents in the prisons and

there are no sufficient means of separating them by night in the

adolescent ward;

(b) by approvers whom, under the orders of a Court or in the

opinion of the Superintendent, it is desirable to keep apart;

Superintendent, are of a bad or desperate character or who have escaped

or attempted to escape from lawful custody or whom it is considered

desirable for any other reason to keep apart from others;

(d) by prisoners convicted under section 376 or section 377 of

the Indian Penal Code, 1860.

(e) by prisoners of the habitual class; and

(f) by other prisoners.

Explanation (1):- Separation under this rule is distinct from

solitary and separate confinement, and as it is a disciplinary measure

only and not a punishment, it shall not have irksome conditions attached

to it other than such as are necessary to secure the ends in view.

Explanation (2):- The age of the prisoners for the purposes of

their segregation and treatment under the Prisons Act, 1894 (Central Act

IX of 1894) shall be fixed by the Medical Officer of the prison.

240. Procedure when separation by day is not feasible.— A convict

who would ordinarily come under the operation of the preceding rules

relating to the separation of prisoners but, who cannot owing to the

requirements of labour, technical and vocational training and reformative

treatment to be given to them, be confined in a cell by day, shall be

confined in a cell by night.

241. Division of convicts into habitual and others.— In addition

to the foregoing provisions all convicted prisoners shall be divided into

two main divisions, namely, habitual convicts and others. They shall be

further divided into two divisions or classes, namely, “A” and “B”.

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242. Gradation of under-trial prisoners.— There shall be two

divisions of classes of under-trial prisoners, namely, special and ordinary.

The definition of under-trial prisoners falling within special or ordinary

class and the treatment accorded to them are laid down in Chapter-34.

243. Definition of habitual Criminal.— The following persons

shall be liable to be classified as habitual criminals, namely:-

(i) Any person convicted of an offence punishable under

chapters XII, XVII, XVIII of the Indian Penal Code, 1860 whose previous

conviction or convictions, taken in conjunction with the facts of the

present case, show that he is by habit a robber, house breaker, dacoit,

thief or receiver of stolen property or that he habitually commits

extortion, cheating, counterfeiting coin, currency notes or stamps or

forgery;

(ii) Any person convicted of an offence punishable under

Chapter XVI of the Indian Penal Code, 1860 or under the Suppression

of Immoral Traffic in Women and Girls’ Act, 1956 whose previous

conviction or convictions, taken in conjunction with the facts of the

present case, show that he habitually commits offences against the

person or is habitually engaged in immoral traffic in women or girls;

(iii) Any person committed to or detained in prison under

section 122, read with sections 109 or 110 of the Code of Criminal

Procedure, 1973;

(iv) Any person convicted of any of the offences specified in

clauses (i) and (ii) above when it appears from the facts of the case,

even though no previous conviction has been proved, that he is by habit

a member of a gang of dacoits or of thieves or a dealer in stolen property

or a trafficker in women or girls for immoral purposes;

(v) Any person convicted of an offence and sentenced to

imprisonment under the corresponding sections of the Indian Penal

Code, 1860 and the Code of Criminal Procedure, 1973;

(vi) Any person convicted by a Court or Tribunal acting outside

India, of an offence which would have rendered him liable to be classified

as a habitual offender if, he had been convicted in a Court established

in India.

(vii) Any person who is a habitual offender under the Habitual

Offenders Act or other corresponding Acts;

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(viii) If, a prisoner was previously classified as habitual prisoner

by a Court, he shall be continued to be classified as habitual prisoner

whatever be the nature of offences for which he is later convicted.

Explanation:- For the purposes of this definition, the word

conviction shall include an order made under section 117, read with

section 110 of the Code of Criminal Procedure, 1973.

244. Classification of convicts as habitual Criminal.— (1) The

classification of a convicted person as a habitual criminal shall ordinarily

be made by the convicting Court, but, if, the convicting Court omits to

do so, such classification may be made by the Chief Judicial Magistrate

or in the absence of an order by the convicting Court or Chief Judicial

Magistrate, and pending the result of a reference to the Chief Judicial

Magistrate, by the Officer in charge of the prison where such convicted

person is confined, Provided that any person classed as a habitual

criminal may apply for a revision of the order.

(2) The convicting Court or the Chief Judicial Magistrate may,

for reasons to be recorded in writing, direct that any convicted person

or any person committed to or detained in prison under section 122, read

with section 109 or section 110 of the Code of Criminal Procedure, 1973,

shall not be classed as a habitual criminal and may revise such direction.

(3) Convicting Courts or Chief Judicial Magistrate, as the case

may be, may revise their own classification, and the Chief Judicial

Magistrate may alter any classification of a prisoner made by a

convicting Court or any other authority provided that the alteration is

made on the basis of facts which were not before such Court or Authority.

(4) Every habitual criminal shall, as far as possible, be confined

in a special prison in which no prisoner other than habitual criminals

shall be kept. Provided that the Inspector-General may transfer to this

special prison any prisoner, not being a habitual criminal, whom for

reasons to be recorded in writing, he believes to be of so vicious or

depraved a character and to exercise or to be likely to exercise, so evil

an influence on his fellow prisoners that he ought not to be confined

with other non-habitual prisoners. But, a prisoner so transferred shall

not otherwise be subject to the special rules affecting habitual criminals.

245. Duty of Superintendent in regard to classification.— (1) In

order to facilitate the identification of habitual criminals, special care

shall be taken in filling up the column relating to character in the Convict

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[PART–II

receipt of a prisoner, endeavor to ascertain from prison subordinates

and long term convicts, as well as from prison records, whether he has

more convictions than as recorded against him in the warrant.

(2) In cases in which there is room to occasion doubt whether

a prisoner should be classed as a habitual or not, the Superintendent

may refer the case for the orders of the convicting Court or of the

District Magistrate.

(3) When the Superintendent discovers that a prisoner has a

previous conviction against him which has not been recorded, he shall

immediately communicate the fact to the Court which convicted the

prisoner, and to the Superintendent of Police.

246. Separation of habituals.— When not confined in special

prison, habitual criminals shall, as far as possible, be separated from

others. A separate barrack or ward shall be set apart for habitual

criminals, and by these means separation at meals, parades, etc., shall

be generally affected. If, it is impossible to separate the classes entirely

during work, Superintendents shall do as much as can be done in this

direction by locating habitual criminals in a definite part of the several

worksheds or otherwise.

247. Superintendent to discover and report previous conviction

of under-trials.— If, it shall come to the notice of the Superintendent

from the prison records or otherwise that an under-trial prisoner or a

convict committed to his prison has previously served a sentence of

imprisonment, he shall, if, he has reason to believe that the local Police

are unaware of the fact, immediately inform the Superintendent of Police

concerned.

248. Classification of casual offenders.— (1) Casual offender shall

be divided into two classes, namely:-

(a) Star Class; and

(b) Ordinary.

The Star Class shall include such prisoners as may be selected

by the Superintendent (subject to the control of the Inspector-General)

on the ground that their previous character has been good, that their

antecedents are not criminal and that their crimes do not indicate grave

cruelty or gross moral turpitude or depravity of mind.

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(2) The mere fact that a casual prisoner has been previously

convicted once or oftener for petty offences shall not ordinarily be

sufficient reason in itself for excluding him from the Star Class; nor shall

a previous conviction for serious crime be held to debar him for such

classification, if, it was committed several years before, and during the

intervening period he had led generally an honest life.

(3) In determining whether a prisoner is already of so corrupt a

mind or disposition as to render it likely that he may contaminate others

and cannot be much further corrupted himself, regard shall be hard to

his age at the time of his last offence and on the dates of any previous

convictions; the whole circumstances of the case shall be duly

considered and the question of his classification shall be decided on

general grounds and not of any hard and fast lines.

(4) Prisoners of the Star Class shall, as far as possible, be

separated from others at all times, both day and night.

(5) When a Star Class prisoner prefers to be confined in a cell

at night, and such accommodation can be provided for him, his wishes

shall be complied with; but, where only association wards exist in the

prison for separation at night, members of this class shall be confined

together apart from other offenders.

249. Classes of prisoners.— (1) Convicted prisoners are divided

into two divisions or classes, A and B.

(i) Prisoners shall be eligible for Class A, if, they by social

status, education or habit of life have been accustomed to a superior

mode of living. Habitual prisoners may, at the discretion of the classifying

authority, be included under this class on grounds of character and

antecedents;

(ii) Class B shall consist of prisoners who are not classified in

Class A;

(iii) Notwithstanding anything contained in sub-rule (i), any

person convicted of an offence involving gross indecency or exhibiting

grave depravity of character may not be placed in Class A.

250. Classification by Courts.— (1) The High Court, Sessions

Judges, Additional Sessions Judges, Assistant Sessions Judges,

Chief Judicial Magistrates, Subdivisional Judicial Magistrates, Judicial

First Class Magistrates (the last two through the Chief Judicial Magistrate)

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[PART–II

in cases tried by them originally or in any other case the

Inspector-General of Prisons, shall make the initial recommendation for

classification of prisoners in Class A to the Government by whom these

recommendations shall be confirmed or reviewed.

(2) Prisoners recommended by Courts for classification in Class

A shall be tentatively treated as belonging to the class recommended

till the orders of Government confirming or reviewing the

recommendations are received.

(3) Notwithstanding anything contained in sub-rule (1), the

Chief Judicial Magistrate may, before making their recommendations to

the Government for classification of prisoners refer the cases for report

to the appropriate Police or Revenue Officers direct and shall consult

the Collector of the District.

(4) On the admission into the prison of any ex-military prisoner

convicted by a Court-Martial or a Naval Court, the Superintendent of

the Prison shall bring the case to the notice of the Chief Judicial

Magistrate. The Chief Judicial Magistrate after making such enquiries

as may be necessary including, if necessary, a reference to the local

Brigade Area Commander, shall make the initial recommendation for

classification in Class A to the Government by whom the

recommendations shall be confirmed or reviewed.

(5) It is open for the Court to recommend and the Government

to classify such of those prisoners who have taken part in violent

agitation against the Union Territory as ‘A’ or ‘B’ class, prisoners on

their conviction or place such undertrial prisoners in special or ordinary

class, as the case may be. In any case, they shall be segregated and

shall not be permitted to mix with ordinary criminal prisoners.

251. Petition to Government for Classification.— The Government

may also act on a reference from the Superintendent of the prison on a

petition from the prisoner. The Superintendent shall forward the petition

through the Inspector-General to the Government. The Government may

also act suo motu or on a representation by the prisoner’s relatives and friends.

The Superintendent shall place every convicted prisoner in Class ‘B’.

252. Treatment of ‘A’ Class prisoners.— (1) Separation from

other prisoners:- Separate cellular accommodation shall be provided to

‘A’ Class prisoners, wherever available. Sick prisoners in hospital or

prisoners requiring assistance or supervision at night may, at any time,

on the recommendation of the Medical Officer be placed in association

wards.

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(2) Diet:- They shall be given the diet prescribed for this class

mentioned in dietary, but, shall be allowed to buy fruits and supplement

their food with articles which have food value such as biscuits, cocoa

and oval tine, at their own cost, subject to medical advice. The food so

imported shall be of a simple character and the concession shall not be

made an excuse for the importation of luxuries. Cooked food shall, in no

case, be allowed to be imported from outside the prison.

(3) Clothing:- They shall be allowed to wear their own clothing

at their own cost during non-working hours, but, this concession shall

not cover the wearing of political symbols. Clothing supplied at

Government expense shall be prison clothing prescribed in the rules.

(4) Bedding:- They shall be allowed to use their own bedding.

Bedding supplied at Government expense shall be that prescribed in

rules.

(5) Prison tasks:- The tasks allotted in the case of those

sentenced to rigorous imprisonment shall be assigned after due

consideration on medical grounds and with careful regard to the

capacity, character, previous mode of life and antecedents of the

prisoners.

(6) Furniture:- Articles of furniture of the following description

shall be supplied to prisoners free of costs, namely:-

(i) One cot;

(ii) One table;

(iii) One chair;

(iv) One commode with pan and chamber pot;

(v) Table fan;

(vi) Quilt.

Explanation:- Prisoners shall be allowed to supplement their

furniture at their own expense subject to the Superintendent of the

Prison being satisfied that there is room for it in the quarters provided.

(7) Private cooking and eating vessels:- If, so desired, private

feeding utensils may also be permitted at the discretion of the

Superintendent of the prison.

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[PART–II

(8) Razors:- They shall, subject to the discretion of the

Superintendent, be permitted to use their own razors provided that the

razors shall be kept with the prison authorities when not in use.

(9) General application:- In other respects, prisoners of this

class shall be treated in the same way as ordinary prisoners, subject to

these rules.

253. Duties and privileges of ‘A’ Class prisoners.— (1) ‘A’ class

prisoners shall keep their cells, utensils, clothing and bedding clean and

neatly arranged. They shall also be required to take their food in their

own cells. The sweeping or washing down of their cells shall be done

by the prison sanitary or sweeping gangs. All ‘A’ class prisoners shall

be allowed the use of a mirror one in each cell and one or two in each

ward. ‘A’ class prisoners shall be allowed the use of mosquito nets

purchased at their own cost.

(2) Every prisoner placed in class ‘A’ who is required to work

in his cell shall be allowed such exercise daily in the open air as the

Medical Officer considers necessary.

CHAPTER–12

DAILY PRISON ROUTINE

254. Unlocking wards at daybreak.— The barracks and cells shall

be unlocked at day break throughout the year. Previous to the opening

of the wards, the night duty Warder on duty shall awake all the prisoners

and keep them in readiness to march out in files with their bedding, as

provided hereunder. The night patrolling should be made by the

Superintendent of Jail or Deputy Superintendent of Jail twice in a month

surprisely.

255. Assistant Superintendent to be present.— The Assistant

Superintendent shall be present at the opening of the wards and cells

every morning and shall personally superintend the unlocking of a

portion of them, that of the remainder being carried out by the Principal

Warders and Warders.

256. Treatment of bedding.— As soon as the wards and cells are

unlocked, each prisoner shall take his bedding outside, and shake it well.

He shall then fold it, and except on rainy days, leave it outside to air

for some hours, when it shall be taken in and put in its proper place.

The Superintendent and the Medical Officer shall occasionally examine

the bedding to see if, it is properly aired.

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257. Cleaning of wards and cells.— As soon as the wards and

cells are vacated, the toilets shall be flushed and the sweepers shall

then thoroughly sweep and clean every part, dust and dirt of every

description being carefully removed from the roofing corners and

elsewhere. The yard shall also be swept.

258. Wards and cells to be ventilated and locked.— The sleeping

wards and cells shall be thoroughly ventilated during the day and kept

locked to prevent prisoners from re-entering them. The keys shall be

kept in the key box or almirah, until it is necessary to reopen the cells

and wards in the afternoon.

259. Counting of prisoners.— As the prisoners leave the wards

and cells, they shall, after depositing their bedding in the manner and

form into fours, and shall thus be counted by the officer unlocking the

ward, who shall satisfy himself that their number is correct and shall

report the same to the Deputy Superintendent.

260. Latrine and bathing parade.— After the enumeration of the

prisoners is completed, they shall be marched to the latrine and when

they have been given an opportunity of resorting to it, they shall be

marched to the bathing platform and shall be required to wash their

hands and faces. Tooth brush, toothpaste and bathing soap shall be

provided to prisoners for the purpose of cleansing their teeth and taking

bath.

261. Early meal and formation of gangs.— (1) After the latrine

and washing parade is completed, arrangements shall be made to

conduct group prayers. After that, the prisoners shall be allowed to do

either physical exercises or yogasanas or be given Transcendental

Meditation. Thereafter, the early morning meal shall be distributed. The

prisoners shall then be divided into gangs, according to the nature of

the labour on which it is proposed to employ them, each gang being

placed in charge of a warder. The numbers of the prisoners in each

extramural gang and gang working in workshops outside the Prison and

the names of the officers in-charge shall be recorded in the register in

the prescribed form and the signature of the officer or officers in-charge

of each gang taken in the register. For gangs working inside the prison

and in workshops inside the prison, it will be sufficient if, the number

of men in a gang is noted in the rough distribution statement maintained

by the Deputy Superintendent or Principal Warder and the

acknowledgment of the officer in-charge taken.

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[PART–II

(2) A gang detailed for extramural work shall in no case exceed

ten prisoners, and shall be in-charge of a Warder whose signature shall

be taken in the register in the prescribed form in acknowledgment of his

responsibility.

262. Distribution of work.— The gangs shall then be marched to

their work, the prisoners being ranked in fours and required to keep

steps. The distribution of labour will be made by the Deputy

Superintendent in accordance with any general or special rules laid down

by the Superintendent. The Deputy Superintendent shall see that no

prisoner is put to or kept on work for which he is unfit or which is likely

to be prejudicial to his health or contrary to the decisions of the

Classification Committee.

263. Educational classes.— (a) All the prisoners shall be required

to attend educational classes in the morning at the specified hours,

according to their classifications and programme schedule drawn up for

the purpose by the Classification Committee and the educational

personnel

(b) The Psychological classes regarding reformative should be

given daily for all the prisoner. Especially Philosopher in Sociology,

Psychologist or MSW holders can give their classes.

264. Procedure in cases of illness.— If, a prisoner in a gang

working outside is injured or taken ill, he shall be sent back to the

Prison. If necessary, the whole gang may be marched back to the Prison

with the sick prisoner.

265. Mid-day meals.— At 11.00 hours, the gang shall be sounded

and the gangs marched back to the yards when the prisoners shall be

given an opportunity of using the latrine and at 11.30 a.m. the midday

meal shall be issued. A bell shall be rung as the signal for the distribution

of the meals and of the evening meals.

266. Resumption of work in afternoon.— After the meal, the

prisoners shall be given an opportunity of using the latrine and the

gangs shall then be reformed and marched back to their work which shall

continue till 4.30 p.m. in the cold weather and 5.00 p.m. in the warmer

weather. In the height of the hot weather, an interval of 2 hours for rest

shall generally be allowed at some time after the mid-day meal and at all

seasons, a similar rest shall be allowed to weak and infirm prisoners.

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267. Procedure on cessation of work.— Upon cession of work,

the convicts having been taken back to their yards, shall proceed first

to the latrine and then to the bathing place where they shall be required

to bath, unless excused by the Superintendent or the Medical Officer.

268. Evening meal and lock-up.— (1) When the day’s work is

completed, the latrine visited and a bath taken, the prisoners may be

allowed games, recreational and cultural activities according to a weekly

time table and subject to availability of facilities. Thereafter, the evening

meal shall be distributed. The prisoners shall then be locked-up, the

hours being from 5.30 to 6.00 p.m. in the cold weather and from 6.00 to

6.30 p.m. in the warmer months.

(2) After lock-up, the prisoners may utilize the time till 9.30 p.m.

in reading newspaper, magazines or books for which lights shall be

allowed and in listening to radio music or watching television. They shall

also attend any cultural programme arranged for them by the

Superintendent. They shall go to bed at 9.30 p.m. Before the prisoners

go to bed, they shall be allowed to meditate, if they so desire.

269. Daily routine on Sundays and prison holidays.— On

Sundays and prison holidays, there shall be a deviation in the daily

routine detailed herein. During the hours specified for work, the

prisoners shall attend to their hair cut, washing of their clothes and

bathing. They may also listen to the radio, watch television, read

newspapers, magazines and books.

270. Men who work together not to sleep together.— As a general

rule and subject to the rules as to classification in Chapter-11 , men who

work together, shall as far as possible, sleep in the different block so as

to avoid the formation of gangs, prevent inter-communication among

prisoners and the like. Prisoners imprisoned in the same case shall not

be confined in the same yard or employed in the same gang as far as

possible.

271. Prisoners outside to be brought in for meals.— Prisoners

working extramurally shall be brought in for feeding purposes. Every

prisoner shall be searched each time he leaves or enters the prison. All

prisoners shall be counted and searched on return to the yards from

labour.

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[PART–II

272. Strict discipline to be enforced.— Every detail of the daily

routine shall be carried out systematically, the prisoners being marched

about by word of command. Strict silence shall be maintained and

prisoners shall on no account be allowed to wander or loiter in the yards

unattended.

273. Conduct of gangs.— Gangs when halted shall ordinarily be

required to sit down. At the hour for turning out for work, when the

gangs have been formed, the officer in-charge shall see that they are

properly arranged and if necessary, equipped with tools, and shall then

give orders ‘Rise and March” – At the first order, the gang shall rise

and at the second, move off at a steady pace to their work. The same

procedure shall be followed when moving gangs at other times. Care

shall be taken to instruct prisoners to understand and obey the words

of command and march with regularity.

274. Search before lock-up.— Every convict shall be thoroughly

searched before being lockedup at night and every cell and ward shall

also be searched. The officer making the search shall be responsible

that all bolts, bars and fastenings are in order and that no contraband

article or articles likely to facilitate escape is left with any prisoner or in

any ward or cell.

275. Disposal of keys and their use at night.— (1) During the day,

the keys of the wards and cells, when not in use, shall be kept, in a

fixed key-box or almirah either at the main gate or at the office, as may

be most convenient. The key-box or almirah shall be kept locked, its

key being retained either by the Gate-keeper or Principal Warder, as the

case may be.

(2) After lockup, the keys of the wards and cells shall be

collected and shall be counted in the presence of the Deputy

Superintendent by the night Guard Officer. They shall then be placed in

the box provided for this purpose which shall be a fixture in the guard

room. The box shall be locked-up and the key of it and those of the

main gate and several compartments of the Prison be made over to the

night Guard Officer.

(3) If, a prisoner requires medical attention during the night or

if for any other reason, it becomes necessary to open a ward or cell, the

Deputy Superintendent or Assistant Superintendent or Principal Warder

shall be sent for, and, except in cases of emergency, such as fire or

attempt to commit suicide or any other untoward incident, no ward or

cell, shall be opened except in the presence of one of these officers.

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276. Letting out cooks to prepare early meals.— When it is

necessary to let the cooks out before the general body of prisoners,

they shall be locked-up together in a single ward, the key of which shall

be entrusted to the Guard Officer, who may unlock this ward at the

prescribed hour, as per the orders of Superintendent of Jail.

277. Lighting of wards and cells at night.— A light which shall,

as far as possible, be out of the reach of the prisoners, shall be kept

burning in every sleeping ward throughout night. If, it goes out, the

matter shall be reported at once to the sentry who will have it re-lit.

cells shall be lighted by lanterns or electric lights placed at intervals

outside.

278. Latrine accommodation in wards and cells.— Every ward and

cell shall be provided with water closet pan with flush type toilet with

water connection to enable the prisoners to use the same during the

period of lock-up. The Superintendent of Jail shall ensure that water

closets in the cells are maintained neat and tidy.

279. Visits to latrine out of hours.— If, during the day any prisoner

wishes to visit the latrine out of the usual parade time, he shall make a

request to the warder. If, a prisoner unnecessarily visits the latrine,

without permission, the warder shall report the matter to his superior

authority. If, it appears that a prisoner is suffering from diarrhea or

dysentery, a report shall be made to the Deputy Superintendent, who

shall send him to hospital for observation.

280. General.— (1) The time schedule of the daily duty shall be

adjusted to seasonal changes, climatic condition and also to conditions

of work both intramural and extramural.

(2) While fixing up details of the daily routine, factors like

requirements for custody, inmate discipline, staff strength, hours of work,

educational classes, work-load, etc., shall be taken into consideration.

(3) Timing for operations like washing, bathing, etc., shall be

fixed in accordance with the available facility and number of inmates in

the prison.

(4) The Superintendent of Jail may, with the approval of

Inspector-General of Prisons, draw up a well-defined daily routine

according to the requirements of the prison other than those specified

in this Chapter and for Sundays and Prison holidays. Such routine shall

be conducive to good institutional management and discipline.

210

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[PART–II

CHAPTER–13

MAINTENANCE OF PRISONERS

DIETARY

281. Scales of diet.— The scales of diet for prisoners may be

prescribed by the Government following the scales prescribed below

(drawn from the ICMR guidelines on the same). The scales may vary

according to local customs and dietary habits in each State but should,

so far as possible, be in compliance with the prescribed standards. Due

consideration is to be given to the principles mentioned above, to the

classified needs, habits and modes of living of prisoners and the climatic

conditions of the place, while prescribing the scale of diet for prisoners.

The Government may also modify the scales at any time if, it deems fit.

282. Scale of diet of ‘A’ class prisoners and special class

under-trial prisoners (non-vegetarians).— (1) The scales of diet for ‘A’

class prisoners and special class under-trial prisoners (non-vegetarians)

are as follows:

Sl.

Name of the article

Quantity

Remarks

No.

(1)

(2)

(3)

(4)

Rice or wheat flour

500 gms.

Chicken/Fish

150 gms.

Once in a week

Egg

Once in a week

Potatoes

110 gms.

(non-chicken days)

Potatoes

30 gms.

chicken and fish days

Vegetables

250 gms.

(non-chicken days)

Vegetables

200 gms.

chicken and fish days

Dhal

150 gms.

(non-chicken days)

Dhal

70 gms.

chicken and fish days

Groundnut or Roasted gram

60 gms.

Jaggery

20 gms.

Poppy seeds

1 gm.

chicken days only

211

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LA GAZETTE DE L'ETAT

Salt

40 gms.

Gingelly oils

30 gms.

Onion

30 gms.

Coriander powder

5 gms.

Chilly powder

5 gms.

Turmeric powder

1 gm.

Pepper

3 gms.

Coconut without shell

30 gms.

Tamarind

30 gms.

Mustard

2 gms.

Cumin seeds

5 gms.

Garlic

2 gms.

Dry chillies

2 gms.

Ginger

2 gms.

Curry leaf

1 gm.

Curd

100 ml.

or Butter milk

200 ml.

Tea or Coffee powder

15 gms.

Palm oil/Sunflower oil

30 ml.

Sugar

40 gms.

Bread

250 gms.

or Idlies

6 Nos.

Milk

100 ml.

Butter, Jam or Jelly

20 gms.

Fruit (Banana or sweet lime)

1 No.

Gas/dead wood

100 gms.

(1)

(2)

(3)

(4)

212

LA GAZETTE DE L'ETAT

[PART–II

Note (i):- For three days in a week (Monday, Wednesday and

Friday), the issue of Perumpayar/Kadalai or Roasted gram

and jaggery shall be substituted by the issue of

Bengalgram in the form of 'Sundal' with the following

ingredients, namely:-

— Bengal gram-60 gms.

— Gingelly oil-4 gms.

— Salt-2 gms.

— Mustard-1 gm.

(2) Distribution of diet for ‘A’ Class prisoners:- The

non-vegetarian diet of ‘A’ class prisoners and special class undertrial

prisoners shall be distributed as follows:-

Sl.

Meals

Days

Name of the article

Quantity

No.

(1)

(2)

(3)

(4)

(5)

Morning

Ordinary

Bread

250 gms.

days

or Hoppers

6 Nos.

Butter, Jam

20 gms.

Tea dust or coffee powder

15 gms.

Sugar

40 gms.

Milk

100 ml.

Mid day

Chicken or

Rice or wheat flour

250 gms.

fish days

Potatoes (3 days a week)

15 gm.

Vegetables

100 gms.

Dhal

35 gms.

Poppy seeds

1 gm.

(chicken days only)

Chicken or fish

150 gm.

Curd or butter milk

50 ml.

Pepper water rasam

100 ml.

213

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LA GAZETTE DE L'ETAT

Mid-day

Ordinary

Rice or wheat flour

250 gms.

days

Potatoes (4 days a week)

55 gms.

Vegetables

125 gms.

Dhal

75 gms.

Curd

50 ml.

or Butter milk

100 ml.

Pepper water rasam

100 ml.

Evening

Chicken or

Rice or wheat flour

250 gms.

fish days

Potatoes (3 days a week)

15 gms.

Vegetables

100 gms.

Dhal

35 gms.

Curd or Butter milk

50 ml.

Pepper water rasam

100 ml.

Evening

Ordinary

Rice or wheat flour

250 gms.

days

Potatoes (4 days a week)

55 gms.

Vegetables

125 gms.

Dhal

75 gms.

Curd or Butter milk

50 ml.

Pepper water rasam

100 ml.

Note (i) A portion of groceries like mustard, Cumin seeds, pepper,

garlic, tamarind, chilly powder, coriander powder, turmeric

powder, etc., issued for the mid-day and evening meals

shall be used for preparation of pepper water (rasam).

(ii) The actual food supplied may vary within the cost of the

standard scale at tender rates.

(1)

(2)

(3)

(4)

(5)

214

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[PART–II

283. Scale of diet for ‘A’ Class prisoners and special class

undertrial prisoners (vegetarians).— (1) The following will be the diet

scale of ‘A’ class prisoners and special class undertrial prisoners

(vegetarian):-

Sl.

Name of the article

Quantity

Remarks

No.

(1)

(2)

(3)

(4)

Rice or wheat flour

500 gms.

Potatoes

150 gms.

Vegetables

250 gms.

Dhal

170 gms.

Onion

30 gms.

Salt

40 gms.

Groundnut oil or Gingelly oil

40 gms.

Coconut without shell

30 gms.

Coriander powder

12 gms.

Chilly powder

8 gms.

Turmeric powder

1 gm.

Pepper

3 gms.

Tamarind

30 gms.

Mustard

2 gms.

Cumin seeds

5 gms.

Garlic

8 gms.

Asafoetida

1 gm.

Dry chillies

2 gms.

215

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Ghee

30 gms.

Pappadam

2 Nos.

Ginger (fresh)

2 gms.

Curry leaf

2 gms.

Curd

200 ml.

or Butter milk

400 ml.

Bread

250 gms.

or Idlies

6 Nos.

Jam, Jelly or butter

20 gms.

Sugar

40 gms.

Tea or Coffee

15 gms.

Milk

100 ml.

Kadalai or Roasted gram

60 gms.

Jaggery

20 gms.

Fruit (banana or sweet lime)

1 Nos.

Gas/dead wood

100 gms.

Note : For three days in a week (Monday, Wednesday and

Friday), the issue of groundnut or roasted gram and

jaggery shall be substituted by the issue of Bengal gram

in the form of 'Sundal' with the following ingredients,

namely:-

— Bengal gram-60 gms.

— Gingelly oil-4 gms.

— Salt-2 gms.

— Mustard-1 gm.

(1)

(2)

(3)

(4)

216

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[PART–II

(2) The vegetarian diet of ‘A’ class prisoners and special class

undertrial prisoners shall be distributed as follows:-

Sl.

Meals

Name of the article

Quantity

No.

(1)

(2)

(3)

(4)

Morning

Bread

250 gms.

or Idlies

6 Nos.

Butter, Jam

20 gms.

Tea dust or coffee powder

15 gms.

Sugar

40 gms.

Milk

100 ml.

Mid-day

Rice or wheat flour

250 gms.

Potatoes

75 gms.

Vegetables (one sambar and one curry)

125 gms.

Dhal

85 gms.

Curd

100 gms.

or butter milk

200 ml.

Pepper water rasam

100 ml.

Evening

Rice or wheat flour

250 gms.

Potatoes

70 gms.

Vegetables

125 gms.

Dhal

85 gms.

Curd

100 ml.

or Butter milk

200 ml.

Pepper water rasam

–

Tomato

30 gm.

217

PART–II]

LA GAZETTE DE L'ETAT

Note: (i) A portion of groceries like mustard, Cumin seeds, pepper,

garlic, tamarind, chilly powder, coriander powder, turmeric

powder, etc., issued for the mid-day and evening meals

shall be used for preparation of pepper water (rasam).

(ii) The actual food supplied may vary within the cost of the

standard scale at tender rates.

284. Scale of diet for ‘A’ Class prisoners and special class

undertrial prisoners accustomed to take bread.—

Sl.

Name of the article

Quantity

No.

(1)

(2)

(3)

Bread

500 gms.

Rice

200 gms.

Butter, Jam or Jelly

50 gms.

Tea dust or coffee powder

30 gms.

Sugar

50 gms.

Milk

200 ml.

Note : Other ration articles like dhal, vegetables, chicken, fish,

groceries and other ingredients will be supplied at the

same rate as for non-vegetarian A & B class prisoners.

285. Instructions on supply of ration.— The following instructions

shall be observed while issuing the ration:-

(1) The morning meals shall be issued immediately after

unlocking.

(2) Idlies issued for morning meal should weigh 60 gms. each.

(3) Sugar and milk are to be issued for tea or coffee for the

morning meal.

(4) The potatoes may be used in the curry or separately.

(5) Articles of groceries like mustard, pepper, cumin seeds,

garlic, tamarind, etc., shall be equally distributed for both mid-day and

evening meals.

(6) Twenty-five per cent of the vegetables supplied daily shall

be leafy vegetables.

218

LA GAZETTE DE L'ETAT

[PART–II

286. Pattern of diet for ‘B’ Class prisoners and ordinary

undertrial prisoner in a week.— The following is the pattern of diet for

the 'B' Class prisoners and ordinary undertrial prisoners:-

Day

Morning

Mid-day

Evening

Night

(1)

(2)

(3)

(4)

(5)

Sunday

Idli/Dosai

Rice, Chicken

Bengal gram

Rice with

sambar

Gravy, Chicken

(Brown)

sambar,

curry

Sundal and

rasam,

Veg rice, meal

tea

vegetable

maker gravy

kootu

or porial

Monday

Rice uppma/

Lemon rice,

Kondakadalai Rice with

Rava uppma

rice with

(sundal) and

sambar,

with coconut

buttermilk,

tea

vegetable

chutney

vegetable

kootu or

poriyal or

poriyal and

kootu

buttermilk

Tuesday

Pongal with

Rice with

Roasted gram Rice with

coconut

sambar and

with jaggery

sambar,

chutney/

buttermilk and

and tea

vegetable

sambar

vegetable

koottu or

kootu

poriyal and

or poriyal

buttermilk

Wednesday Idli/Dosai

Veg pulao,

Bengal gram

Rice with

sambar

rice with

(Brown)

sambar,

rasam, egg

Sundal

rasam,

Veg: one

and tea

vegetable

banana

kootu or

poriyal

Thursday

Rice uppma/

Rice with

Perumpayaru

Rice with

Rava uppma

sambar and

(Sundal) and

sambar,

with coconut

buttermilk

tea

vegetable

chutney

and vegetable

kootu or

poriyal and

poriyal

buttermilk

219

PART–II]

LA GAZETTE DE L'ETAT

Friday

Pongal with

Veg pulao,

Kadalai

Rice with

coconut

rice with

(Brown)

sambar,

chutney/

rasam, egg

Sundal and

rasam,

sambar

Veg: one banana tea

vegetable

kootu or

poriyal

Saturday

Wheat uppma Rice with

Roasted gram Rice with

with groundnut sambar and

with jaggery

sambar,

chutney

buttermilk and

and tea

vegetable

vegetable kootu

kootu

or poriyal

and

buttermilk

Note : (1) The class of diet whether rice or wheat in the case of

newly sentenced prisoners, shall be determined by the

convicting Court and be entered in the commitment

warrants issued by it. The Magistrate or Judge shall make

personal enquiries as to the habits and status of the

prisoner before deciding on the class of diet to be allowed

to him and shall note in his own hand the flowing

particulars at the foot of the warrant, namley:-

(a) The diet to which the prisoner was accustomed according

to his own statement;

(b) The diet recommended by the Magistrate or Judge;

Note: (2) The classification as referred to above shall not be liable

to any change whatever by the prison authorities except

on medical grounds and on the written recommendation

of the Medical Officer.

Provided that the Government may alter the classification if, in

their opinion, it has been wrongly made or if, it cannot be observed

because of undue difficulty in obtaining supplies.

Note : (3) If, the Superintendent of the Prison has reason to believe

that the Court has made a mistake in classification of diet,

he shall refer the matter to the Court.

(1)

(2)

(3)

(4)

(5)

220

LA GAZETTE DE L'ETAT

[PART–II

Note : (4) Any prisoner may, while in prison, if, dissatisfied with the

diet allowed, apply to the Superintendent of the Prison

for a revision of the classification. Where, the application

is merely for a change of diet from one dry grain to

another, notwithstanding anything contained in Note (2),

the Superintendent shall allow the change only once with

the previous sanction of the Inspector-General. In all

other cases, the Superintendent shall refer the matter to

the Court which committed the prisoner and the decision

of the Court shall be final.

Note : (5) In order to ensure that prisoner get the full benefit of fats

in the issue of buttermilk, care shall be taken to see that

the cream or butter is not removed from either the milk

or curd. For this purpose, the Medical Officer shall

supervise the entire process of the boiling of the milk

and its conversion into buttermilk. The Superintendent

and the Medical Officer shall independently satisfy

themselves that the prisoners receive the full benefits of

buttermilk by frequent surprise checks which should be

noted in their journals.

(2) Scale and distribution of diet for ‘B’ Class prisoners and

ordinary undertrial prisoners in a week:-

(i) Sundays:-

Class of diet

Breakfast

Mid-day

Evening

Dinner

Rice

100 gms.

220 gms.

Kadalai or

180 gms.

(Rice-170 gms.

Roasted

(Rice-130 gms.

and wheat-

gram.

and wheat

50 gms.)

Wheat

100 gms.

220 gms.

Kadalai or

180 gms.

Roasted

gram.

Non-veg: Chicken

150 gms.

Veg: Meal Maker

221

PART–II]

LA GAZETTE DE L'ETAT

Sl.

Name of the article

Morning Mid-day Evening Night Total

No.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(1)

Salt

(2)

Tamarind

(3)

Chillies

(4)

Curry powder

(5)

Onion

(6)

Vegetables

150

100

250

(7)

Black gram (only on

idli or dosa days)

(8)

Gingelly oil

4 ml.

4ml.

(only dosa days)

(9)

Fenugreek

(10)

Groundnut oil or Palmoil, 2

(Palmoil whichever

is cheaper)

(11)

Toor dhal

100

(12)

Curd

50 ml.

50 ml.100 ml.

(13)

Mustard

(14)

Curry leaves

(15)

Kadalai or Roasted gram

(16)

Jaggery

(17)

Banana or sweet lime

1No. 1 No.

(18)

Gas/dead wood

100

222

LA GAZETTE DE L'ETAT

[PART–II

(ii) Mondays:-

Class of diet

Breakfast

Mid-day

Evening

Dinner

Rice/Rava

100 gms.

220 gms.

Bengal

180 gms.

(Rice-170 gms.

Gram

(Rice-130 gms.

and wheat-

(Sundal)

and wheat

50 gms.)

Wheat

100 gms.

220 gms.

Bengal

180 gms.

Gram

(Sundal)

Sl.

Name of the article

Morning Mid-day Evening Night Total

No.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(1)

Salt

(2)

Tamarind

(3)

Chillies

(4)

Curry powder

(5)

Onion

(6)

Vegetables

150

100

250

(7)

Groundnut oil or (Palmoil

whichever is cheaper)

(8)

Toor dhal

100

(9)

Curd

50 ml.

50 ml. 100 ml.

(10)

Mustard

(11)

Curry leaves

(12)

Bengal Gram

(13)

Turmeric (Manjal powder) -

223

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LA GAZETTE DE L'ETAT

(14)

Roasted Gram

(Pottu kadalai)

(15)

Dhall for curry

(split bengal gram)

(16)

Coconut (without shell) 10

(17)

Banana or sweet lime

1No.1 No.

(18)

Gas/dead wood

100

(iii) Tuesdays and Saturdays:-

Class of diet

Breakfast

Mid-day

Evening

Dinner

Rice

100 gms.

220 gms.

Groundnut, 180 gms.

(Rice-170 gms.

Kadalai or

(Rice-130 gms.

and wheat-

Roasted

and wheat

50 gms.)

gram

50 gms.)

Wheat

100 gms.

220 gms.

Kadalai or

180 gms.

Roasted

gram

Sl.

Name of the article

Morning Mid-day Evening Night Total

No.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(1)

Salt

(2)

Tamarind

(3)

Chillies

(4)

Curry powder

(5)

Onion

(6)

Vegetables

150

100

250

(1)

(2)

(3)

(4)

(5)

(6)

(7)

224

LA GAZETTE DE L'ETAT

[PART–II

(7)

Groundnut oil or Palmoil,

(whichever is cheaper)

(8)

Toor dhal

100

(9)

Roasted gram

(Pottu kadalai)

(10)

Whole green gram

(pasiparuppu)

(11)

Curd

50 ml.

50 ml.100 ml.

(12)

Mustard

(13)

Coconut (without shell) 10

(14)

Curry leaves

(15)

Pepper

(16)

Kadalai or Roasted gram

(17)

Jaggery

(18)

Banana or sweet lime

1 No. 1No.

(19)

Gas/dead wood

100

(iv) Wednesday:-

Class of diet

Breakfast

Mid-day

Evening

Dinner

Rice

100 gms.

220 gms.

Bengal

180 gms.

(Rice-170 gms.

Gram

(Rice-130 gms.

and wheat-

(Sundal)

and wheat

50 gms.)

Wheat

100 gms.

220 gms.

Bengal

180 gms.

Gram

(Sundal)

Non-veg: Egg

1 No.

Veg: Banana

(1)

(2)

(3)

(4)

(5)

(6)

(7)

225

PART–II]

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Sl. Name of the articles

Morning Mid-day Evening Night Total

No.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(1)

Salt

(2)

Tamarind

(3)

Chillies

(4)

Pepper

(5)

Curry powder

(6)

Onion

(7)

Black gram (only on

idly or dosa days)

(8)

Gingelly oil

(only dosa days)

(9)

Fenugreek

(10)

(i) Vegetables

150

(ii) Green leafy

(11)

Groundnut oil or Palmoil

(whichever is cheaper)

(12)

Toor dhal

(13)

Potatoes

(14)

Mustard

1 ½

(15)

Cumin seeds

(16)

Garlic

(17)

Curry leaves

(18)

Bengal gram

(19)

Coconut (without shell)

(20)

Banana or sweet lime

1No. 1No.

(21)

Gas/dead wood

100

226

LA GAZETTE DE L'ETAT

[PART–II

(v) Thursday:-

Class of diet

Breakfast

Mid-day

Evening

Dinner

Rice

100 gms.

220 gms.

Kadalai or

180 gms.

(Rice-170 gms.

Roasted

(Rice-130 gms.

and wheat-

gram

and wheat

50 gms.)

Wheat

100 gms.

220 gms.

Kadalai or

100 gms.

Roasted

gram

Sl. Name of the articles

Morning Mid-day Evening Night Total

No.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(1)

Salt

(2)

Tamarind

(3)

Chillies

(4)

Curry powder

(5)

Onion

(6)

Vegetables

100

150

(7)

Green leafy

100

(8)

Groundnut oil or Palmoil 7

(9)

Toor dhal

100

(10)

Curd

50 ml.

50 ml.100 ml.

(11)

Mustard

(12)

Curry leaves

(13)

Roasted gram

(14)

Dhall for curry

(split bengal gram)

(15)

Coconut

227

PART–II]

LA GAZETTE DE L'ETAT

(16)

Kadalai or Roasted gram

(17)

Jaggery

(18)

Banana or sweet lime

1No. 1No.

(19)

Gas/dead wood

100

(vi) Friday:-

Class of diet

Breakfast

Mid-day

Evening

Dinner

Rice

100 gms.

220 gms.

Bengal

180 gms.

(Rice-170 gms.

Gram

(Rice-130 gms.

and wheat-

(Sundal)

and wheat

50 gms.)

Wheat

100 gms.

220 gms.

Bengal

180 gms.

Gram

(Sundal)

Sl. Name of the articles

Morning Mid-day Evening Night Total

No.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(1)

Salt

(2)

Tamarind

(3)

Chillies

(4)

Curry powder

(5)

Onion

(6)

Vegetables

150

100

250

(7)

Groundnut oil or Palmoil

(8)

Toor dhal

100

(9)

Curd

100 ml.

50 ml.150 ml.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

228

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[PART–II

(10)

Mustard

(11)

Curry leaves

(12)

Bengal Gram

(13)

Banana or sweet lime

1 No. 1No.

(14)

Gas/dead wood

100

Note :- (1) The actual food supplied may vary within the cost of the

standard scale at tender rates.

(2) Pepper water may be issued in lieu of buttermilk on

Sunday or Thursday or on both days. The ingredients

for the preparation of pepper water for 16 prisoners shall

be as follows:-

Tamarind

60 gms.

Pepper

30 gms.

Chillies

30 gms.

Salt

115 gms.

Mustard

10 gms.

Cumin seeds

10 gms.

Garlic

10 gms.

(3) Coffee or tea may be issued to the prisoners in the

morning. The ingredients for the preparation of coffee or

tea for each prisoners shall be as follows:

Milk

40 gms.

White sugar

10 gms.

Tea or coffee powder

4 gms.

Gas

8 gms.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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(4) For two days in a week (Wednesday and Saturday),

chicken or fish will be issued additionally to the

prisoners. The following ingredients required for its

preparation for each prisoner shall be issued on those

days:-

Chicken or fish

150 gms.

Pepper

4 gms.

Cumin seeds

5 gms.

Garlic

2 gms.

Coconut

5 gms.

Curry powder

3 gms.

Poppy seeds (for chicken day)

½ gm.

Assorted spices (for chicken day)

½ gm.

Note: If, fish is to be supplied, the cost of which shall not

exceed the cost of chicken of the quantity specified.

287. Vegetarian diet for ‘B’ class prisoners.— Full amount of

vegetables and other ingredients admissible to this class of prisoners

on ordinary days shall be issued to ‘B’ class prisoners who are

accustomed to vegetarian diet, in lieu of chicken on the days specified.

288. Diet for children.— Children allowed to stay with female

prisoners shall be also supplied such diet in accordance with the scale.

289. Diet for state prisoners.— Every prisoner confined in prison

shall receive dietary in accordance with the orders of the Government

passed relating to him.

290. Food ration.— (1) Every prisoner shall have three meals a

day according to the scale prescribed. A light meal in the morning before

the hour of work, a midday meal and an evening meal before prisoners

are locked-up for the night. The time of each meal shall be fixed by the

Superintendent.

(2) The day’s ration shall be issued by the officer in-charge of

stores during the previous evening on the basis of ration indent prepared.

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[PART–II

(3) The number of rations to be issued shall be arrived at on

the basis of the strength existing at the time of lockup.

(4) If, there are admissions during the late in the evening

without having fed evening meal, ration for one evening meal for every

prisoner so admitted shall be issued for the day.

291. Special diet on festive days.— Prisoners shall be given feast

on the following days costing at the rates to be fixed by the Government

from time to time:-

(a) Republic Day or Independence Day

(b) Deepavali or Onam or Vishnu festival or Pongal.

(d) Ramzan

292. Feast for the executive staff.— The executive staff shall also

be given feast on the above festival days. The cost of feast shall be the

same as fixed for prisoners.

293. Permission for observing religious fast.— Subject to the

advice of the Medical Officer, the Superintendent may permit any

prisoner to observe religious fast according to the customs of the

religion to which the prisoner belongs.

294. Food of prisoners observing religious fast.— Prisoners who

are permitted to observe religious fasts shall receive their whole or a

part of their meal at a place and time of day, as may be permitted by

Superintendent for proper observance of fasts by them.

295. Cleaning, Storage and Issue of Food Items.— (1) Care should

be taken to see that all grains are properly cleaned before issuing to

the mill-house for grinding and that the flour is carefully sieved and

kept in covered bins.

(2) Rice should be separated from husk, dust or other particles,

before issuing for cooking. The quality and seasoning of rice should be

such that weight of the cooked rice is be about 3 times its weight in

uncooked state. This should be frequently tested by weighing.

(3) All items of diet, as well as the fuel for cooking, shall be

weighed daily at the time of being issuing to the cooks by a responsible

officer not below the rank of an Assistant Superintendent, especially

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appointed for the purpose by the Superintendent. They shall be issued

in a fully prepared state or, if, this is not possible, with a full allowance

for any loss which might occur during preparation. The Superintendent

shall, however, be responsible for seeing that the correct weight and

quality of the ration is issued. The quality of these items should be

regularly checked by the Medical Officer.

(4) Where chapatti/bread is given to prisoners, the same should

be prepared in prescribed weights for different classes of prisoners, and

cooks should be informed beforehand of the prescribed weights.

(5) Dal should be husked and unhusked grains properly cleaned

out before cooking.

(6) Vegetables issued shall be free from stalks and leaves and

shall be cut for cooking before being weighed and delivered to the cooks.

Potatoes or other root vegetables should form at least one-third of the

total quantity of vegetables. All vegetables should be examined daily

by the Medial Officer.

(7) An allowance of 25% extra shall be given for heads, tails,

fins, scales and entrails when whole fish is issued and for bones when

chicken is used.

(8) Antiscorbutics, in the requisite quantity, shall be issued

daily with the mid-day and evening meals to all prisoners. There should

be standing instructions for the preparation and issue of different kinds

of antiscorbutics which are commonly available.

(9) Milk shall be stored in a properly cleaned and well-ventilated

place. Milk shall be issued to prisoners on special/medical diet only after

boiling. Boiling should be done in the hospital enclosure under the

supervision of a responsible officer who shall be responsible for its

proper usage from the time it is obtained till its final distribution.

(10) In preparing curds, no water should be mixed with the milk

before boiling.

296. Cooking.— (1) Cooking may be done in stainless steel

vessels. All cooking utensils must be kept clean and shinning and the

kitchen and eating area too must be clean and tidy.

(2) Special care shall be taken to ensure that all vessels, in

which milk is kept, are perfectly clean. All vessels should be scalded

and cleaned with boiling water immediately after use. These must not

be left uncleaned.

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[PART–II

(3) All cooked food should be kept covered until it is

distributed, and appropriate arrangements (in the form of freezers,

refrigerators, etc.) shall be made for storage of perishable items.

(4) The Superintendent and the Medical Officer shall exercise

utmost vigilance in the supervision of food supplies, and when the food

is cooked and is ready for distribution to prisoners, they shall make

surprise inspections, at least once a week, in addition to routine

inspections. At these inspections the weight and taste of the food

distributed shall also be checked.

(5) Measuring equipment used for issuing ration to the mills,

and that used in the kitchen, shall be checked by the Superintendent at

least once a month if not more often.

(6) Cooks found tampering with food or scales shall be severely

punished.

297. Appointment of cooks.— Civil and State prisoners shall be

allowed to cook for themselves. For all other prisoners, paid cooks shall

be employed. If necessary, convict cooks in the proportion of one cook

to every 25 prisoners shall be appointed. Only those persons who have

been certified to be free from carriers shall be employed as cooks.

298. Cooks.— (1) Cooks shall carry out all preparations and

processes necessary after being issued the daily supplies and shall

prepare the food with due care and attention. They should wear clean

aprons while preparing/handling food.

(2) Inmates undergoing imprisonment for six months or less,

wherever available, may be employed to clean rice, peel and cut

vegetables, clean cooking utensils and keep the kitchen clean and tidy.

299. Distribution and service of food.— (1) Inspector-General of

Prisons shall prescribe the time for serving morning, mid-day and

evening meals in prisons.

(2) Meals should be served fresh and hot. The receptacles used

for carrying food shall be provided with well fitting lids. All food shall

be carefully protected from flies and other insects.

(3) Fifteen minutes before the distribution of each meal, a bell

may be sounded. Prisoners should then cease work, wash their hands

and face and queue up for food distribution, after which the cooked food

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shall be distributed by the cooks in the presence of a responsible prison

officer not below the rank of an Assistant Superintendent. They shall

see that food issued to any prisoner is not taken away by another or is

otherwise wasted.

(4) After service of food at least twenty minutes time shall be

allowed to prisoner to eat the food.

(5) Except with the permission of the supervising officer, no food

is to be taken away from the dining area by any prisoner to eat it

elsewhere.

(6) When the meal is finished, the prisoners shall proceed to

the washing platform where two tubs shall be placed. Prisoners shall

put any refuse food left in his plate into these tubs, separating rice or

chapattis from curried food. They shall then wash their hands and

mouths as well as their utensils.

(7) The floors and platforms shall be cleansed immediately after

the prisoners finish their meals.

300. Eating and drinking vessels.– Every prisoner shall be

provided with a set of eating and drinking vessel. All vessels will be

made of stainless steel and shall be of a uniform material and pattern.

301. Complaint about food.— Any complaint regarding food shall

be enquired into on the spot by the supervising officer. He shall decide

whether the complaint is well founded or not and then take necessary

action. Every complaint regarding food shall be reported to the

Superintendent. If, the complaint is valid and is due to the fault of any

prison official, the Superintendent shall take such action as he deems

fit and shall record his orders. Any prisoner making false or malicious

complaints shall be punished.

302. Daily inspection of food.— The Superintendent and the

Medical Officer (in charge) shall exercise utmost vigilance in the

supervision of the food supplies and all articles issued for consumption

shall be inspected daily by the Medical Officer or in his absence by his

medical subordinates. The inspecting officer shall especially see that

the vegetables issued are of good quality. He shall bring to the notice

of the Superintendent of Jail any defects in quality detected during such

inspections.

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[PART–II

303. Inspection of cooked food.— It is highly important that the

food is properly cooked, and that its full quantity reaches the prisoners.

Once a week, when the food is cooked and is ready for being served, it

shall be inspected, without prior notice, and its quality and weight shall

be checked by the Prison Superintendent and the Medical Officer. They

shall record the result of their inspection in their journal.

304. Weighing of articles of food.— All articles of food issued for

consumption shall be weighed daily by the officer in charge of diet. He

shall ensure that proper quantity of food is issued for every prisoner.

From time to time, the Superintendent shall himself check the issue of

ration. Metric weights and measures shall be used for weighing or

measuring rations and food and a proper set of scales, weights and

measures shall be maintained in every prison. These shall be frequently

tested by the Superintendent for their correctness.

305. Disposal of complaint by prisoner.— The officer in-charge

of a Block must ensure maintenance of a register (which may be electronic

form) for recording feedback of inmates related to the quantity, quality

or preparation of food being served to them. If, any complaint is made

by a prisoner regarding the food, it shall be at once inquired into by an

Assistant Superintendent. If the complaint relates to the quantity of food

received, the ration shall atonce be weighed in front of the prisoner

making such complaint.

306. Power to sanction change in diet.— The Government may

direct a change in the diet, prescribed by the convicting courts, in the

case of individual prisoners. Other than that change in the prescribed

diet shall be made only in unavoidable circumstances when the

prescribed food items are not available. In such events all changes in

the prescribed diet shall be reported to the Inspector-General of Prisons.

(2) When a prisoner is hospitalized, his diet may be changed

or modified by the Superintendent on the recommendation of the Medical

Officer. In case this change of diet has to continue for more than a

month, the concurrence of the Inspector-General of Prisons shall be

obtained by the Superintendent.

HOSPITAL DIET

Hospital diet: A suitable hospital diet may be prescribed by the

Government according to local food habits on the advice of Medical

Officers I Medical Officer (in charge). When meat is recommended by

the Medical Officer as an extra diet, the weight of meat shall ordinarily

be taken without bones.

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Sl.

Name of articles

varieties of diet and quantity

No.

Milk

Mixed

Ordinary

Veg

Non-Veg

(1)

(2)

(3)

(4)

(5)

(6)

Rice

50 ml

400 gms

200 gm

Bread

500 ml

375 gms

500 gms

Chicken

200 gms

Dhal

100 gms

Vegetables

250 gms

50 gms

Milk

1 Lr.

200 ml

Sugar

75 gms

50 gms

Tea or coffee

30 gms

Salt

5 gm

30 gms

Butter

45 gms

15 gms

45 gms

Coriander powder

6 gms

Chilly powder

5 gms

Turmeric powder

1 gm

Tamarind

8 gms

Pepper

5 gms

Gingely Oil

20 gms

Butter milk

200 ml

Gas

50 gms 100 gms

100 gms

Medical Officer may prescribe ordinary jail diet in deserving cases.

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[PART–II

The Hospital diet of ‘A’ class prisoners and Special Class under-

trial prisoners shall be distributed as follows:-

Sl.

Name of articles

varieties of diet and quantity

No.

Milk

Mixed

Ordinary

Veg

Non-Veg

(1)

(2)

(3)

(4)

(5)

(6)

Morning

Tea or coffee

15 gms

Sugar

25 gms

Milk

450 ml

100 ml

Bread or

125 gms 125 gms

125 gms

Butter

15 gms

Midday

Rice

50 gms 200 gms

200 gms

Bread

125 gms

Chicken

200 gms

Dhal

100 gms

Vegetables

150 gms

Butter milk

200 ml.

50 ml

Milk

450 ml

Sugar

25 gms

Evening

Rice

200 gms

Bread

250 gms 125 gms

250 gms

Vegetables

100 gms

Butter

30 gms

Tea or Coffee

15 gms

Milk

100 ml

Sugar

25 gms

Medical Officer may prescribe ordinary jail diet in deserving cases.

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307. Hospital diet for 'B' class prisoners.— (1) The following shall

be the hospital diet for ‘B’ class prisoners:-

Kanjee

Milk

Full

Ordinary

Article

Qty

Article

Qty

Article

Qty

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Rice

500 gms

Bread

500 gms

Bread

250 gms

Salt

40 gms

Milk

1 Lr

Rice

250 gms

Papadam

6 Nos

Sugar

60 gms

Rice for

100 gms

Kanjee

Lime

15 gms

Rice for

100 gms

Chicken

100 gms

pickle

Kanjee

Salt

10 gms

Veg.

100 gms

Salt

30 gms

Milk

500 ml

Sugar

30 gms

Gas

50 gms

Gas

50 gms

Gas

100 gms

(2) The hospital diet of 'B' class prisoners shall be distributed

as follows:

Kanjee

Milk

Full

Ordinary

Article

Qty

Article

Qty

Article

Qty

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Morning

Rice

100 gms

Rice for

100 gms

Rice for

100 gms

Kanjee

Salt

10 gms

Milk

250 ml

Milk

250 ml

Pappadam 2 Nos

Sugar

15 gms

Sugar

15 gms

Lime

5 gms

Salt

10 gms

Salt

10 gms

pickle

Medical Officer may prescribe ordinary

jail diet in deserving cases.

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[PART–II

Midday

Rice for 200 gms

Bread

250 gm

Rice

250 gms

Kanjee

Salt

15 gms

Milk

500 ml

Chicken

100 gms

Pappadam

2 Nos

Sugar

30 gms

Vegetable 100 gms

Lime

5 gms

Potatoes 100 gms

pickle

Salt

20 gms

Evening

Rice for 200 gms

Bread

250 gms

Bread

250 gms

Kanjee

Salt

15 gms

Milk

250 ml

Milk

250 ml

Pappadam

2 Nos. Sugar

15 gms

Sugar

15 gms

Lime

5 gms

pickle

308. Vegetarian hospital diet.— 200 gms of vegetables shall be

issued in lieu of chicken to prisoners accustomed to vegetarian diet.

309. Allowance of ingredients.— The ingredients for full diet for

a day shall be the same as for an ordinary prisoner.

CLOTHING AND BEDDING

310. Clothing.— (1) Every convict under sentence of rigorous

imprisonment or of imprisonment for life shall be required to wear prison

clothing as prescribed in these rules and shall be supplied with prison

bedding. Other prisoners, such as undertrial prisoners and detenues,

shall be supplied with clothing and bedding if, they make an application

to the Prison Superintendent for this purpose. Such clothing shall be of

a colour different from that issued to convicts so that the distinction

between convicts and other prisoners is visible.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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(2) The Government will fix the scale of clothing and bedding

according to climatic conditions taking into account security and

discipline of the prison. Adequate winter clothing will be provided to

inmates in cold regions/during winter.

311. Clothes of convicts.— The clothes of convicts shall have no

pockets or openings in the lining. All clothing will be according to the

custom of the State. The prisoners shall be provided with dresses to

suit their physical measurement.

312. Clothing of any category of prisoners not covered in these

rules.— The clothing of any other category of prisoners, not covered

in these rules, shall be decided by the Inspector-General, provided that

the expenditure involved in it does not exceed the cost that would

otherwise be incurred if the articles admissible under the rules are

supplied to the class to which the prisoner belongs.

313. Clothing of convicts attending courts.— (1) Convicts in

custody when sent to a Court, either as a witness or as an accused,

shall wear ordinary private clothing. For this purpose, the private clothes

of convicts deposited in the prison, or those provided by friends or

relatives, shall be issued to them before they are taken to the Court,

such clothes shall be taken back on their return from court attendance.

(2) In other cases, the Superintendent shall provide suitable

clothing.

314. Issue of sandals to prisoners.— The sanction of the

Superintendent of Jail is necessary for the issue of sandals to prisoners.

315. In charge of clothing store.— The Assistant Superintendent

shall be in charge of the clothing store and shall be held responsible

for custody and maintenance of all clothing’s and beddings. He shall

be allowed to take the help of sufficient number of prisoners to clean

and expose the clothing to sun and air regularly. Due attention shall be

paid to getting the clothes washed thoroughly before being returned to

the store.

Explanation: Used clothes, before being issued to prisoners,

shall be thoroughly fumigated and washed in hot water to exterminate

bugs, fleas, etc.

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[PART–II

316. Repair, Maintenance and inspection of clothing and

bedding.— A day shall be fixed for weekly maintenance and inspection

of clothing. At the weekly parade of prisoners the Superintendent shall

pay special attention to their clothing and bedding and shall satisfy

himself that each man's kit is complete and is in proper condition.

Suitable arrangements shall be made for washing and cleaning of every

article of prisoners’ clothing and bedding.

317. Prisoners to wash their clothing once every week.— Every

prisoner shall be required to wash his clothing atleast once a week,

usually on the Sunday mornings, and at any other time as the

Superintendent may direct. The Superintendent may ask prisoners to

wash specific items of prison clothing and may authorize the issue of

the necessary washing materials for the purpose.

Explanation 1: All male prisoners shall be supplied with half a

bar of washing soap weighing approximately 500 g. each per month and

50 gms of washing powder every week for washing their clothes.

Explanation 2: All female prisoners shall be supplied with a bar

of washing soap weighing approximately lKg. each per month and 50

gms. of washing powder per week for washing their clothes. All female

prisoners with children may be supplied with an extra bar of washing

soap weighing approximately 500 gms and 50 gms of washing powder

per week for washing the clothes of their children.

318. Prison laundry.— All at least Central and District prisons to

have their own mechanized laundry to wash items of clothing and

bedding at the time of return of these items to the clothing store.

319. Disposal of Irreparable clothing.— Irreparable clothing shall

be struck off from the register under the signature of the Superintendent

once a month and need as rags for cleaning the kitchen and for cleaning

machinery in the workshop. If, the accumulation of such clothing is in

excess, it shall be sold, after being shredded into small pieces, to the

paper making units of the Khadi or other such agencies.

Unserviceable clothing shall be stocked separately and a proper

stock register shall be maintained for this purpose.

320. Disposal of clothing of discharged prisoners.— Prison

clothing shall not be given to discharged prisoners. Care shall be taken

to ensure that prisoners surrender their full kit at the time of their release.

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If, fit for further use such clothing shall be thoroughly laundered and

repaired, and taken into stock. Items of unserviceable clothing shall be

duly entered in the stock register of such clothing and shall be disposed

of in the manner prescribed in the previous paragraph.

321. Submission of clothing and bedding indents.— Indents for

the clothing and bedding likely to be required during the next six, nine

or 12 months, shall be prepared in duplicate and submitted to the Deputy

Inspector-General of Prisons for sanction.

No clothing or bedding shall be issued from the manufacturing

department of any prison unless the indent is approved by the Deputy

Inspector-General of Prisons and no clothing or bedding shall be

purchased in the local market except in very special circumstances and

with the sanction of the Inspector-General of Prisons.

ACCOMMODATION AND VENTILATION

322. Capacity of ward to be inscribed near the door.— (1) Near

the door of every ward, the size of the room, and the number of prisoners

it is capable of accommodating, shall be recorded on a plaque embedded

in the outer wall of the ward. No ward shall accommodate prisoners

beyond its prescribed capacity. The Lock-up Register which shall be

maintained in Form No.29 shall show the maximum accommodation of

every ward.

(2) The names and numbers of the blocks and other important

buildings and enclosures shall be displayed on them in a conspicuous

and suitable position. The date of white-washing shall also be shown

in distinct figures.

The minimum accommodation capacity of barracks, cells, and

hospitals per prisoner will ordinarily be according to the following scale:

Sleeping barracks

Cells

Hospital

Sq. mtrs. Cu mtrs

Sq. mtrs.

Sq. mtrs. Cu mtrs. Sq. mtrs. Sq. mtrs. Cu mtrs.

of air

of lateral

of air

ground

space

ventilation ground

space

lateral

ground

space

areas

ventilation area

3.71

15.83

1.12

8. 92

33. 98

2.23

5.58

23.75

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[PART–II

323. Ventilation of wards and workshops.— (1) The Superintendent

and the Medical Officer shall pay special attention to the ventilation of

the wards. In all cases, care shall be taken that there is sufficient lateral

as well as roof ventilation. As the condition of the atmosphere breathed

by prisoners can only be judged by visiting the wards a few hours after

the prisoners have been locked-in, the Superintendent and the Medical

Officer shall visit the prison at night in all seasons, and at irregular

intervals, to satisfy themselves that the ventilation is adequate, and that

the prisoners have not blocked the ventilation in any way. The results

of these visits shall be recorded by them in their respective journals.

The Deputy Superintendent shall also be deputed for this purpose.

(2) Every possible arrangement shall be made for thorough

ventilation of the wards for several hours during the day. This is

necessary to remove organic matter from the walls, which gets slowly

oxidized. It is necessary that the beddings are removed out of the

barracks for several hours every day.

324. Walls to be colour or white-washed.— The exterior walls of

prison buildings shall be colour-washed, and the interior walls white-

washed from time to time. The interior of barracks, wards and cells in

which prisoners are confined, shall be white-washed once in a year.

325. Planting of trees.— (1) Grass shall be grown and trees planted

and kept neatly trimmed in and near the prison wherever possible.

Gardens shall also be maintained in each prison to have a salutary effect

on the minds of prisoners. However, trees shall not be planted too close

to walls and buildings as these may be used for escape from the prison.

(2) After the rainy season, the inner and outer sides of the

perimeter wall, if the prison and wall of the wards shall be scrubbed.

Pathways inside the prison compound shall be de-weeded and re-laid.

Wherever the paths are made of tarmac, the uneven surface shall be

leveled properly.

CONSERVANCY

326. Responsibility of all officers.— It is also the duty of all prison

officers to pay special attention to conservancy, and official and non-

official visitors are expected to satisfy themselves that it is properly

carried out.

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327. Responsibility of Health Officer.— The Municipal Health

Officer or District Health Officer, as the case may be, shall visit the prison

under their jurisdictions once a month and offer suggestions for

sanitation and hygiene.

328. Prison area to be kept clean.— The prison area shall be

cleaned daily and kept free from all unwanted plants and weeds,

accumulation of broken bricks, manufacturing waste, etc. Kitchen waste

shall not be permitted to be thrown on the ground, nor shall garbage of

any kind be allowed to accumulate in or near the prison.

329. Prohibition of cess pools and open drains.— Cess pools, and

open drains for accumulation and disposal of sewage are prohibited

inside or near a prison.

330. Precaution against malaria.— All pits and pools of water

stagnant, near the prison shall be covered or filled up. Open drains, if

any around the prison shall be carefully attended to and drainage cuts

shall be cleaned wherever necessary, to prevent accumulation of water.

331. Medical Officer to approve drainage.— The Medical Officer

shall bring to notice of the Prison Superintendent any defects in the

drainage within or around the prison. If he does not do so, it shall be

presumed that he is satisfied with it. All drainage in prison should be

underground which should be connected directly to the public drainage

system.

332. Injurious conditions in the prison neighbourhood.— (1) If,

anything occurs or is likely to happen in the prison neighbourhood, that

might injuriously affect the health of the prisoner, it shall be reported

immediately to the Inspector-General of Prisons. The construction of

public latrines and sewage drains near a prison is objectionable and

measures shall be taken to prevent such constructions.

(2) No sewage or effluent drains from mills and factories or other

public sources, that may affect the health of the prisoners, should be

allowed near any prison.

333. Cleaning of latrines.— The latrines shall be thoroughly

cleaned twice a day or more often if necessary, with disinfectants.

334. Kitchen.— The inmates engaged in cooking should be

regularly examined to make sure that they are not carrying of any

infection. There should be adequate arrangements for cooks to wash

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[PART–II

their hands with soap and water before they start cooking. Cooks should

change into clean uniforms before they are permitted to cook or serve

food. Manual handling of food is undesirable and must be avoided.

335. Stores.— Stores or godowns must be kept clean, well

arranged, and well ventilated. Their contents should be aired as often

as possible. Godowns or grain stores should be treated with suitable

insecticides to prevent the growth of weevil.

336. Baths.— All prisoners should be required to bathe as

frequently as necessary. In the temperate climate they should be

encouraged to have daily baths unless medically exempted from doing

so. In hot climate, facilities should be provided for the prisoners to have

a bath in the afternoon as well.

WATER SUPPLY

337. Selection of source of water supply.— (1) Wherever municipal,

panchayat or public works and Fire service may provide water supply

exists, arrangements shall be made to connect the prison with it by a

pipe line.

(2) If, water from a well or tube-well is in use in a prison, such

wells should be well-protected from being polluted by percolation of

surface water.

(3) The mouth of every drinking water well shall be completely

closed and the water shall be raised by a pump. The surface surrounding

the well at its mouth shall be covered with a sloping cement platform

with a drain around it to carry spilt water, and the well shall be lined to

a sufficient depth to render the tube impermeable.

(4) Every well shall be cleaned out once a year, and the date

on which it is done shall be recorded.

(5) Once a week, the depth of water in each drinking water well

shall be tested and a record of the results maintained.

338. Filtration of Water.— (1) Drinking water may be filtered as

per the directions of the Inspector-General, on the advice of medical and

municipal authorities.

(2) There shall not be any garbage dump or sanitary wastes

within a radius of 15 mtrs of any ring well or tube well.

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339. Drawing of water.— Distribution of clean water is of

paramount importance. Buckets used for filling water for drinking and

for use in kitchen shall not be used for any other purpose. Water vessels,

barrels, tanks and reservoirs shall be frequently cleaned. Every water

storage receptacle shall be covered and the lid fastened after it is filled.

These shall also be filled with taps to facilitate drawing of water from

them.

340. Supply of Drinking Water.— (1) Suitable arrangements shall

be made to supply every inmate of a ward and cell with sufficient

quantity of fresh drinking water through taps during day and night. It

shall be the responsibility of the warder on duty to see that sufficient

drinking water is available before the prisoners are locked-in.

(2) Prisoners at work shall be supplied with an adequate

quantity of purified drinking water. If water is to be stored, it shall be

done in covered receptacles which must be thoroughly cleaned every

day.

341. Analysis of water.— (1) Samples of the water in use for

domestic purposes in every prison shall ordinarily be submitted to the

Water Analysing Authority (Department of Food and Drugs Testing)

twice a year, for both chemical and bacteriological examination.

(2) In the event of outbreak of an epidemic in any prison, which

might be due to contamination of the water supply, and which calls for

an immediate examination of drinking water, the Medical Officer should

immediately make a written request to the Director of Health and Family

Welfare Services who shall make arrangements to obtain the necessary

samples for analysis. In addition to that, immediate steps shall be taken

to ensure supply of water from an alternative source at such prison.

(3) The Water Analyzing Authority (Department of Food and

Drugs Testing) shall, in due course, forward a copy of its report of

analysis, through the Director of Health and Family Welfare Services to

the Superintendent of Jail and another to the Inspector-General.

342. Disinfection of wells.— Whenever there is reason to believe

that any of the wells, from which drinking water is obtained, is a source

of contamination, it shall be treated at intervals of three days with

Potassium Permanganate and other disinfectants, as may be deemed

necessary, in consultation with the local Health Officer.

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343. Provision of water to staff quarters.— Adequate supply of

water shall also be ensured to the residential quarters of the prison staff.

The conditions of the cleanliness of water mentioned in the preceding

rules shall apply to residential quarters as well. Every officer occupying

staff quarters shall be held responsible for the cleanliness of his

premises. The Superintendent and the Medical Officer shall periodically

inspect the staff quarters to check general cleanliness.

CHAPTER–14

MEDICAL ADMINISTRATION AND HOSPITAL MANAGEMENT

344. Medical administration.— Medical administration is one of

the most important concerns of prison management. The Medical Officer

of a prison has to give careful attention not only to the treatment of

sick prisoners but also to every matter connected with the health of

prisoners and over all hygiene of the prison. Nothing will count more

to the credit of the Medical Officers of prisons than their success in

maintaining best health standards in the prisons under their charge. The

newly admitting prisoners should be inspected by the Jail Medical Officer

at once.

345. Prison hospitals.— Hospital accommodation shall be

provided on the scale of 5% of the daily average of the inmate population

in the Central Prison. The staff personnel for the prison hospital shall

be:-

Medical Officer-1

Staff Nurse-1

Psychiatric Counselor-1 (appointed by the Government or NGO’s)

Note: One Ambulance shall be provided in each prison hospital.

346. Appointment of Medical Officers and allocation of duties.—

(1) One male Medical Officer not below the rank of Assistant Surgeon

shall be appointed on full-time basis to look after the health of the

prisoners lodged in the Central Prison, Puducherry, on round-the-clock

basis. The Medical Officer shall be ordinarily under the general

administrative control of the Inspector-General of Prisons except while

performing medical/clinical functions when he shall be subordinate to

the Medical Officer. The duties of the Medical Officer shall be allocated

in such a way that a Medical Officer shall always be available in prison

to provide medical care to the prisoners and to attend all emergencies.

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(2) Whenever the emergency arises on information, the Medical

officer should be present at once. Female doctor should be available

when information given through telephone through Jail Department in

case of any urgent situation. The Medical officer should reside in

premises of the Jail Department (Rent free accommodation).

347. Terms of appointment.— (1) The Medical Officer shall be

appointed to the prison service from the Directorate of Health and

Family Welfare Services and their postings and transfers shall be made

by the Director of Health and Family Welfare Services in consultation

with the Inspector-General of Prisons.

(2) Subject to the discretion of Director of Health and Family

Welfare Services and the exigencies of public service, the Medical Officer

appointed to the prison shall continue to be in charge of his office. In

case the emergency arises in the Prison the Medical Staff (Doctors and

Staff Nurses) can be appointed on Contract basis.

348. Channel of communication.— (1) The Medical Officer will be

in charge of the entire Medical Administration. He along with his

subordinates will be jointly responsible for the health-care of the

prisoners. All correspondence to the Director of Health and Family

Welfare Services shall be routed through the Inspector-General of

Prisons. All leave, except earned and medical leave, pertaining to the

Medical Officers will be regulated by the Inspector-General of Prisons.

(2) The Medical Officer shall submit indents for medicines to

the Inspector-General/Chief Superintendent of Jail. In all administrative

matters, he will act in consultation with the Superintendent of Jail. He

may, however, correspond directly with the Inspector-General, on matters

relating to sanitation, sick prisoners’ food and clothing and discipline

in the prison hospital. The Medical Officer shall also correspond direct

with Inspector-General if, he notices on the person of any prisoner

injuries which are alleged to have been caused by prison officials. He

shall accompany the Inspector-General during his inspection of the

prison.

349. General duties of Medical Officer.— The general duties of

the Medical Officer shall cover every matter connected with the health

of the prisoners, their treatment when sick, and the sanitation and

hygiene of the prison.

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350. Daily visits to prison.— (1) The Medical Officer shall visit

the prison and shall see sick prisoners every day. He shall be available

for call duty on all holidays as and when required by the Prison

authorities.

(2) He shall inspect every part of the prison and check all

prisoners at least once in a week and record his observations in his

Journalto be sent to the Superintendent of Jail and Inspector-General

of Prisons periodically.

(3) He shall also make a full medical inspection of all the

prisoners once a month.

(4) If, any epidemic or unusual sickness prevails or any serious

case of illness occurs, he shall visit the prison as often as may be

necessary.

(5) If, he is unable to himself undertake these inspections for

any reason, he shall record the fact and the reason for it in his journal.

351. Special needs of aged prisoners.— The Medical Officer shall

ensure that the medical needs of aged prisoners in terms of

ophthalmological care, dental care, physiotherapy, and clinical testing

for diabetics are regularly attended to.

352. Treatment of drug addicts.— The Medical Officer shall

organize de-addiction programmes for such prisoners who are known to

be drug-addicts. He shall also organize training in Transcendental

Meditation and Yoga for them. The Superintendent of Jail may use de-

addiction NGOs for Counselling.

353. Attendance at weekly inspection.— (1) The Medical Officer

shall be present during the Superintendent's weekly inspection and shall

oversee the general health and hygienic conditions prevailing in the

prison. He shall pay special attention to any signs of a scorbutic or

anemic tendency, any deterioration in health conditions, and skin

diseases. He shall also examine the prisoner's clothing and bedding to

see that they are adequate and cleaned. He will examine the drainage,

ventilation, drinking water and conservancy arrangements of the prison.

(2) He shall, at the same time, examine the record of prisoners’

weights, to satisfy himself that the weight test is being properly done.

He shall thoroughly examine all prisoners who have lost their weight

substantially and take appropriate action in such cases.

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354. Attending to prison officers.— (1) The Medical Officer shall

attend to the medical needs of all prison officials and their families

residing in the prison's staff quarters and barracks.

(2) The Medical Officer shall bring to the notice of the

Superintendent any facts about the cause of illness of the officers and

subordinate prison staff that may be of importance, and which shall

enable him to determine their fitness for continued employment in the

prison.

(3) The Medical Officer shall maintain a minute book in which

he shall enter all directions given by him concerning the duties of the

medical staff under him, the management of the hospital, and any other

instruction of importance regarding the treatment of patients or any other

matter.

(4) The Medical officer shall also be responsible for conducting

medical examination of candidates selected for appointment to various

posts in the prison.

355. Maintenance of journals.— (1) The Medical Officer shall keep

a journal in which he shall record every visit he pays to the prison, time

of entering and leaving the prison, the parts of the prison or classes of

prisoners visited, the number of sick persons in prison and any other

point which he considers should be brought to the notice of the

Superintendent. While doing so he shall make specific note of the

following:-

(i) Any defects in the food, clothing or bedding of prisoners

or in the cleanliness, drainage, ventilation, water supply

or other arrangements of the prison which the Medical

Officer considers likely to be injurious to the health of

prisoners, together with suggestions for removing such

defects;

(ii) Any occurrence of importance connected with the

hospital administration;

(iii) Any marked increase in the number of in or out door

patients and its apparent causes.

(2) After each visit this journal shall be sent immediately to the

Superintendent for his perusal. Thereupon the Superintendent may issue

any directions as he thinks fit.

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356. Submission of Returns.— The Medical Officer shall punctually

submit the prescribed returns and shall furnish any other information

regarding the medical administration of the prison, which the Inspector

General may call for. A report regarding the sanitary condition prevailing

in prison shall also be furnished to the Inspector-General along with

the annual returns.

357. Maintenance of Registers.— The Medical Registers and Forms

other than the Journal shall be kept under the orders of the Medical

Officer, who is responsible for their correctness. At the Inspector

Generals’ inspection, the Medical Officer shall produce before him, every

Prison.

358. Clinics and Labs for Prison Hospitals.— The following

equipment shall be made available to prison hospitals. If, possible,

otherwise the prisoners will be provided with these facilities as per need,

in nearest Government Hospital.

(i) Dental clinic with all equipment;

(ii) Ophthalmology Clinic with all equipment;

(iii) Minor operation theatre with all surgical equipment;

(iv) Clinical laboratory with required equipment;

(v) X-ray lab with dark room and equipment;

(vi) Physiotherapy unit with equipment;

(vii) De-toxification unit;

(viii) Psychiatric unit with equipment and

However all basic need equipments required for dealing with

emergencies should be made available in the Prison Hospital, as far as

possible.

359. Conditions of Service.— Medical Officer, staff nurse,

pharmacist and other medical personnel attached to prison shall not,

while on duty, leave the prison premises without the permission of the

Superintendent of Jail/Inspector-General of Prisons.

360. Uniform.— The Medical Officers shall be supplied with four

coats per year as uniform. These coats shall be made from a prison-made

drill and tailored in the tailoring section of the prison. The coats shall

be the property of the Prison Department and will be kept in the prison.

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361. Leave.— (1) All leave, except casual leave, will be granted

by the Director of Health and Family Welfare Services on the

recommendation of the Inspector-General. The Inspector-General shall

also address the Director of Health and Family Welfare Services for the

posting of a substitute, except where the absence is short and local

arrangements can be made.

362. Hours of Duty.— (1) The duties of Medical Officer shall be

distributed as follows:-

(a) The hours of duty during the day shall be equally

distributed between the Medical Officer, ensuring that

one of them is always present in the prison;

(b) One of the Medical Officer shall be on night duty on

rotation basis to attend to the prisoners in the event of

an emergency.

(2) Where there is only one Medical Officer, he shall remain

inside the prison throughout the day, except when permitted to absent

him for meals or other valid reasons. He shall visit the hospital

occasionally at nights and may, if required by the Prison authorities,

remain on duty there, if, there are any cases under treatment which are

likely to render his presence necessary.

363. Custody of Keys.— (1) The Medical Officer on duty inside

the prison at night shall be responsible for the safe custody of the keys

of the hospital and of any other place in which prisoners are confined

for medical treatment. But, he shall not unlock any door except in the

presence of the Assistant Superintendent. Only in a case where

unlocking of the hospital ward is urgently required, he shall unlock

doors in the presence of the patrolling officer on duty.

(2) Every Medical Officer entrusted with the keys shall be held

responsible for making sure that they are kept in his personal possession

and are not improperly used. He shall report at the earliest opportunity

to the Superintendent every instance in which he has had occasion to

unlock the door of any compartment occupied by the prisoners during

his term of duty at night.

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364. Duties of the Medical Officer.— It shall be the duty of an

Medical Officer:-

(i) to examine all newly admitted prisoners and to record in the

admission register and history sheets particulars regarding their health,

and the kind of labour which they can perform in view of their health

conditions;. In case the Medical Officer finds variation of wound in the

Medical certificate of the inmate, then the prisoner immediately referred

to the Government Hospital to get a proper wound certificate;

(ii) to be available to attend to any prisoner who complains of

illness or who appears to be ill, and have him removed to the hospital

or the place for medical examination, as the case may be;

(iii) to attend to sick prisoners and out-patients visiting the

hospital and supervise the preparation and issue of medicines, food and

extra diet;

(iv) to make a daily round of the prison cells and to see whether

the conditions in the prison have any bearing on the health of the

inmates;

(v) to bring to the notice of the Superintendent any female

whom he may suspect to be pregnant;

(vi) to bring promptly to the notice of the Superintendent any

case of suspected cholera or other contagious or infectious diseases

that may appear amongst the staff or inmates of the prison;

(vii) to examine the wells and other sources of water supply, to

bring to notice any defects with regard to the quantity or quality of water

supplied, to examine every day all tanks and vessels in which water is

stored or conveyed, and to prepare samples of water for analysis as and

when required;

(viii) to inspect the surroundings of the prison at least once a

week. He shall pay particular attention to manner in which filth is

trenched or otherwise disposed of;

(ix) to attend to the ventilation, with due regard to the season

of the hospital, sleeping wards and workshops and to satisfy himself

that prisoners are not unnecessarily exposed to draught or rain;

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(x) He shall inspect the medicines kept in store once in every

six months and satisfy himself that their weights and quantities are

entered correctly in the stock register. He shall also ensure that the

medicines are used before their date of expiry. He shall also inspect the

instruments and equipment to see that they are being maintained

properly and sufficient stock is kept in reserve;

(xi) He shall examine all cases coming for release on medical

grounds;

(xii) to ensure that all medicines indented for the hospital are

properly arranged, labeled and stored in a safe place;

(xiii) to see that sick prisoners are clean and tidy;

(xiv) to see that the hospital clothing and bedding are marked

in a distinctive manner;

(xv) to see that all articles in use in the hospital are safely

stored and kept clean;

(xvi) to allow no property in his charge to leave the prison

premises;

(xvii) not to permit any convict attendant to handle instruments

or distribute drugs whose misapplication may be dangerous;

(xviii) to ensure that the pharmacist attends to the clerical work

connected with the hospital, such as the upkeep of registers, the

preparation of returns and the punctual submission of indents;

(xix) to satisfy himself that the food for the sick is properly

prepared and distributed;

(xx) to be responsible that order, cleanliness and discipline is

maintained in and around the hospital, that the staff nurses and others

employed in the hospital perform their duties properly, that any excess

or deficiency of attendants is brought to the notice and to report any

relaxation or violation of the rules;

(xxi) to visit the prison kitchen every day, inspect the food

supplied, both raw and cooked (both in bulk and after distribution) and

see that the salt, oil and condiments are added and thoroughly mixed,

satisfy himself that the food is of good quality and that the quantity of

each article is according to the sanctioned scale. He shall also see that

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the kitchen and its surroundings are maintained in a sanitary condition,

that the drains are flushed and free from refuse, that the water stored in

the tanks for cooking and washing utensils is changed frequently, and

that the utensils in use are clean and in good condition;

(xxii) to supervise the supply of milk to the hospital, to test the

milk in the prescribed manner, to see that it is properly boiled before

issue;

(xxiii) to inspect the food supplied to civil and un-convicted

criminal prisoners by their friends;

(xxiv) to keep a watch on prisoners suspected of malingering

and to report the result of his observations;

(xxv) to be present at various parades and separate for

examination and treatment any prisoner who appears to be in need of

attention or who is known or suspected of leaving part of his food

uneaten;

(xxvi) to see the bathing of prisoners suffering from skin

infections;

(xxvii) to satisfy himself that the person, and private clothing,

of newly admitted prisoners are properly cleaned, and that the clothing

is, if necessary, disinfected before keeping in the store rooms;

(xxviii) to vaccinate newly admitted prisoners, and (if so

directed) infants admitted with their mothers or born in prison;

365. Medical Aid to Prison Officers.— The Medical Officer shall,

under the direction of the Inspector-General of Prisons, accord medical

aid to all members of the prison establishment and others living on the

prison premises.

366. To assist Medical Officer.— The medical subordinates shall

render assistance to the Medical Officer by reporting to him all matters

affecting health, such as:

(a) Overcrowding;

(b) Unsuitable, worn out or dirty clothing;

(d) Undue exposure to weather;

(e) Unpunctuality of meals;

(f) Neglect to air-dry or clean clothes and bedding;

(g) Unsuitable tasks.

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367. Appointment of Staff Nurse and Pharmacist.— (1) As far as

practicable, only staff nurses and pharmacists, who have passed the

tests prescribed by the Department of Health and Family Welfare

Services, shall be employed in prisons.

(2) Staff nurses and pharmacists shall be posted to prison duty

for a period of three years exclusive of any long leave availed by them

and then reverted to their parent Department. The said period of three

years may either be extended at the option of the individual, and with

the approval of the Director of Health and Family Welfare Services and

the Inspector-General of Prisons, by such further period that these

officers may consider desirable. This period can also be reduced on the

recommendation of the Director of Health and Family Welfare Services

or of the Inspector-General of Prisons. All leave, excepting casual leave,

shall be granted by the Director of Health and Family Welfare Services

on the recommendation of the Medical Officer of the prison. If, necessary

the staff nurse may be appointed on the contract basis by the Jail

Department.

(3) Casual leave may be granted to the Staff nurses and

Pharmacists by the Medical Officer of the prison in accordance with the

rules relating to the grant of such leave.

368. Duties of the Staff Nurse and the Pharmacist.— (1) The Staff

nurse and the Pharmacist shall obey the lawful orders of the Medical

Officer in all matters connected with the medical work of the prison and

of the Superintendent in other matters. The Tablet/Medicine should be

properly given by the staff nurse to the Inmates on time as prescribed

by the Medical Officer.

(2) Their duties shall be to help the in the maintenance of the

health of the staff and prisoners by compounding and distributing

medicines, vaccinating and weighing prisoners, performing clerical work,

maintaining order and discipline in the hospital and by carrying out such

other duties as may be allocated to them by the Medical Officer.

369. The weighing of Prisoners.— (1) The Assistant Surgeon shall

be present during the fortnightly weighing of prisoners. He shall record

each prisoner’s weight in his weight chart and shall parade, as soon

afterwards as possible, for inspection by the Chief Medical Officer all

prisoners who are losing weight to any noticeable extent.

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(2) In cases when the subordinate medical establishment is small

for the number of prisoners, or in cases where the medical work is heavy,

an officer of the executive staff of the prison may be deputed by the

Superintendent of the prison to assist the Assistant Surgeon in carrying

out the work of recording the weight of prisoners.

370. Examination of Prisoners complaining of illness.— (1) Every

prisoner complaining of illness or appearing to be ill, shall be sent to

the prison hospital for immediate examination and further treatment by

the Medical Officer.

(2) On the advice of the Medical Officer, and with due approval

of the Inspector-General of Prisons, the Superintendent may transfer any

sick prisoner to the local government hospital. If the Medical Officer is

of opinion that prior approval of the Inspector-General of Prisons will

take such time as will endanger the life of a sick prisoner, the transfer

may be made in anticipation of sanction of the Inspector-General of

Prisons. No prisoner should be allowed to stay in an outside hospital

except on ground of dire medical needs. In deserving cases, the opinion

of Medical Board constituted by the Director of Health and Family

Welfare Services shall be obtained while sending prisoners outside the

prison on medical grounds.

371. Control of hospital diet.— The control of diet of a prisoner

in hospital shall be the responsibility of the Chief Medical Officer control

and he may order such extras, as he considers necessary, while doing

to be shall also keep in mind the costs involved, which should not be

excessive.

372. Preparation of Hospital Diets.— Hospital diets requiring

special preparation shall be cooked in the kitchen, and the Medical

Officer shall examine the diet frequently and satisfy him by weighing

that the full quantities of the prescribed articles are present, and are

well cooked.

373. Precaution regarding Milk.— Special care shall be taken with

articles such as milk that can easily be adulterated or stolen. Fresh milk

shall be used, wherever it can be obtained, in preference to tinned milk.

Milk shall be frequently tested to ensure that it is pure. If, the specific

gravity of the milk supplied is below 1,025 Kg/Litre the milk should not

be accepted.

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374. Special Diet for Prisoners not in Hospital.— The Medical

Officer may recommend special diet for any prisoner in the invalid group

after recording reasons for recommending that in his register. But such

recommendations shall not be made as a matter of routine. Issue of

special diet shall always be in lieu of the regular diet to which a prisoner

is otherwise eligible. If it is continued for more than a fortnight, it shall

be reported to the Inspector General. The Medical Officer owns the

responsibility to economies the expenditure on this account and shall

exercise utmost care in recommending special diet to the prisoners.

375. Indent for Hospital Diets.— An indentshowing the number

of hospital diets and extras required, shall be sent not later than by

9.00 a.m. every day to the officer in charge of ration and care shall be

taken that diets and extras reach the prisoners promptly. Emergent

indents, in cases of urgency, may be sent at any hour of the day. This

shall be generally avoided except in cases of extreme urgency.

376. Detention of a Prisoner for Observation.— A prisoner may

be detained for observation in the hospital for 24 hours without his name

being noted down in any register if, his disease has not been diagnosed.

After the expiry of that period, whether or not his disease is diagnosed,

his name shall be entered in the proper register. The number of prisoners

detained under observation shall be recorded in the Hospital Roll and

the treatment prescribed for them in the prescription book. If, the

Medical Officer finds a prisoner to be malingering, he shall at once report

the fact to the Superintendent for punishment.

377. Medical Treatment of Sick Prisoners.— Every prisoner

suffering from any active disease shall be brought under medical

treatment, either as an out-patient or an in-door patient, and his name

shall be recorded in the register of out-patients or in the register of in-

patients in.

378. Maintenance of Case-Book.— (1) The number of sick in

hospital shall be daily recorded in the Hospital Roll of Sick. Their

treatment and diet shall be recorded in the Case Sheet.

(2) In addition to these records, there shall be maintained in

every hospital, a case-book in which the history of every case admitted

into hospital shall be recorded.

(3) The case-book is intended to be a contemporaneous record

or diary of each prisoner’s symptoms, treatment and diet. All entries in

it shall, therefore, be immediate and direct. The practice of keeping

notes, to be afterwards copied into the case-book, is prohibited.

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(4) The entries in the case-book will usually be made by the

Medical Subordinate, as symptoms appear or treatment is applied. The

Medical Officer will add notes of his own observations and orders as

and when he examines the patient. The Medical Officer shall see the

case-book every day and initial the entries regarding each case in token

of him having seen them.

(5) As a general rule the entries in the case-book shall be made

every day, but in chronic cases, where there is little or no change from

one day to another, the Medical Officer may, by entry in his own hand

in the case-book, record that daily entries are not necessary.

379. Bathing of Patients.— Prisoners who are not too ill shall be

required to bathe daily, at such time as the Medical Officer may direct.

380. Proper Place of Washing.— A proper place for washing and

boiling dirty clothing and sheets shall be provided. Blankets and work

clothing’s too shall be frequently washed in boiling water.

381. Cleanliness of the Hospital.— Every hospital shall be kept

clean and well ventilated. The walls of the hospital shall be scraped and

white washed once in six months or more often necessary.

382. Disinfection of Wards.— A ward or a cell in which a case of

infectious disease has occurred or been treated shall be immediately

cleared thoroughly using disinfectants as prescribed.

Explanation:- The disinfection or disinfestations shall be carried

out under the personal direction of Medical Officer.

383. Supply of Medicines when under treatment at Hospitals

outside the Prison.— Where a prisoner is undergoing special treatment

in a hospital outside the prison and any medicine prescribed by the

Medical Officer of such outside hospital, which is absolutely necessary,

and is not available at the said hospital, the same shall be purchased

by the hospital authorities locally and the cost reimbursed by the

Superintendent, immediately.

384. Allotment of Labour on Medical Opinion.— When the

Medical Officer is of the opinion that the health of any prisoner suffers

from employment of any kind or class of labour, he shall record such

opinion in the prisoner’s sheet and the prisoner shall not be employed

on that labour. But he shall be placed on another kind or class of labour

as he may consider suitable for him.

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385. Medical Officer to supervise treatment of Out-patients.—

(1) The Medical Officer shall daily inspect the out-patients Register, and

shall order the admission of a patient to prison hospital, if, in his opinion

the patient’s medical condition necessitates such hospitalization.

(2) Prisoners suffering from only minor ailments shall be treated

as out-patients. The Medical Officer shall be responsible that all other

patients are admitted to the prison hospital. Under no circumstances

prisoners suffering from dysentery shall be treated as out-patients.

386. Medical Officer to treat sick in Hospital.— The treatment of

sick in hospital is the personal duty of the Medical Officer and shall

not in any circumstances be delegated by him to any subordinate.

387. Medical officer’s daily visit.— The Medical Officer shall daily

visit all prisoners in hospital and under observation and shall decide

whether any prisoner shall be admitted into or discharged from hospital.

388. Segregation of Infectious Cases.— Every case or suspected

case, of infectious diseases shall immediately be segregated and the

strictest isolation shall be maintained until the Medical Officer considers

it safe to discontinue the precautions. The Medical Officer shall give

written instructions as to the clearing, disinfecting or destroying of any

infected clothing or bedding, and shall satisfy him that the same are

carried out.

389. Segregation of Prisoners in the Prison Hospital.— (1) Cases

of dysentery and diarrhea shall be treated in a separate ward, if possible.

Loose stool of such patients shall be disinfected and destroyed by fire.

All wards, beds, bedding, clothes and latrine vessels used by them shall

be thoroughly disinfected.

(2) Prisoners suffering from venereal diseases shall be

segregated.

(3) All cases of pulmonary tuberculosis shall be segregated in

special wards. All necessary precautions shall be taken to guard against

the spread of infection to other prisoners.

(4) All prisoners suffering from malarial fever shall be

segregated and provided with mosquito nets.

(5) All cases with abnormally enlarged spleen shall have

boundaries marked on the skin and shall be provided with some

distinctive clothing. Care shall be taken that the spleen is not hurt.

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(6) Minor infectious diseases such as scabies, mumps, measles,

etc., must on no account be neglected. Segregation for the full period

must be enforced. Cases of scabies need not, as a rule be admitted into

hospital, but segregated from other prisoners.

(7) Prisoners showing signs of mental illness shall not, if they

are dangerous, noisy or filthy, be kept in the hospital but shall be kept

in a separate cell.

(8) In some cases, it may be considered for prisoners in hospital

to be given some employment. Light work shall, therefore, be provided

for them.

(9) Wherever necessary, cases of inmates shall be referred to

specialized medical institution with the prior sanction of the competent

authority.

390. Treatment of Malingerers.— If, the Medical Officer is of

opinion that a prisoner is malingering, he shall at once report the fact

to the Superintendent. No treatment shall be given to prisoners feigning

illness.

391. Treatment of Prisoners discharged from Hospital.— Every

prisoner on discharge from hospital shall either be put to labour or

placed in the ‘Invalid Group’, as the Medical Officer may direct.

392. Composition of the Invalid Group.— The invalid group shall

consist of:-

(i) Those who are permanently incapacitated from performing

hard or medium labour because of age or bodily infirmity. They will be

the permanent members of the group;

(ii) Those who have been discharged from hospital as

convalescents, but are temporarily unfit to perform hard or medium

labour;

(iii) Men who are generally out of health even if, not falling

under the above two categories. This category shall include prisoners

passed as fit for light labour only, prisoners exhibiting scorbutic or

malaric scorbutic gums, prisoners found to be steadily failing in weight,

and prisoners who are anemic.

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393. Treatment of the Invalid Group:- Prisoners in the invalid group

shall be given some light work suited to their strength and shall, as far

as possible, be kept together for the purpose of diet and observation,

both by day and night. A register of such prisoners shall be kept and

no prisoner shall be placed in or discharged from this group without

the permission of the Medical Officer. They shall be examined atleast

once a week by the Medical Officer.

HOSPITAL CLOTHING AND BEDDING

394. Supply of Hospital Clothing and Bedding.— (1) Every

prisoner shall be supplied with hospital clothing and bedding on

admission to hospital. His convict clothing and bedding will be taken

from him. These shall be returned to him on his discharge from hospital.

Care shall be taken that clothing and bedding is changed regularly to

maintain cleanliness and that in cases of infections disease all clothings

and beddings are thoroughly disinfected.

(2) If, any epileptic is placed in a cell, he shall be provided with

a mat of a thicker pattern and shall sleep on the floor. He shall not be

made to sleep on a raised masonry berth.

(3) Every patient-prisoners admitted in Hospital for treatment

shall be provided with:-

Clothing – Pyjoma

Shirt

Towel

Bedding – Cot

Mat or bedsheet

Matress

Pillow

Blanket

395. Indent for Clothing and Bedding.— The quantities of clothing

and bedding required for hospital use shall be reported in fixed time by

the Medical Officer to the Superintendent who shall include them in the

general indent of prison clothing.

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[PART–II

396. Indent for other Articles.— For articles other than diet,

clothing and bedding, the Medical Officer shall indent by letter or by

entry in his journal.

397. Local Purchase of Medicines.— (1) Local purchase of

medicines will be affected by the Medical Officer as per the norms laid

down by the State Health Services.

(2) The disposal of other medical articles like clinical waste,

medicines whose validity has expired, etc., will be dealt in accordance

with norms laid down by the State Medical Services.

398. Placing Indents for Supply of Medicines.— The Medical

Officer shall procure medicines required for the prison hospitals in

accordance with the procedure laid down by the State Medical Services.

399. Stock Verification of Medicines and Medical Appliances.—

(1) The Medical Officer shall for himself conduct an annual stock

verification of medicines, medical appliances, in July every year and

report the difference to the Inspector-General through the Superintendent

of Jail. He shall also make surprise checks at least once a month and

record the differences in the report book, and intimate the fact to the

Superintendent of Jail for necessary action.

(2) There shall also be an annual stock verification of these

stores by the Inspector-General of Prisons (HQs).

400. Appointment of Attendants and Training of Nursing

Orderlies.— For the purpose of attending to sick prisoner a few educated

convicts of good conduct and undergoing long sentences shall be

selected by the Superintendent in consultation with the Medical Officer

and trained as nursing orderlies. A brief syllabus for their training shall

be prepared as a guide to the Medical Officer who shall be responsible

for conducting such training. The number of convicts employed as

nursing orderlies shall ordinarily be in the ratio of one for every ten

patients. In times of epidemics and other emergencies, this proportion

may be increased and special orderlies may be allowed for very serious

cases or for bed-ridden patients. Convict nursing orderlies who perform

their duties satisfactorily, shall be awarded extra remission and wages

at the rates prescribed.

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401. Appointment of prisoners to perform unskilled tasks at the

Hospital.— The Superintendent shall detail sufficient number of convict

to perform the menial duties at the hospital. Such convicts shall work

under the orders of the Medical Officer. Only prisoners serving long

sentences, and who are of good conduct, shall be sent for such duties.

402. Case Sheet.— A case sheet and temperature chart shall be

prepared as per the norms laid down in the State Medical Services.

403. Vaccinations of Prisoners on Admission.— Every prisoner

admitted to prison shall be vaccinated on admission or as soon as

possible afterwards as per the norms laid down in the State Medical

Service.

404. Vaccination Register.— A vaccination register shall be

maintained and the particulars of those vaccinated shall be entered in

it. When a failure is not attributed to immunity arising from previous

vaccination or from previous occurrence of small-pox, the operation shall

be repeated. All attempts to render the operation unsuccessful shall be

brought to the notice of the Superintendent.

405. Medical Examination of the Members of the Staff.— Full

medical check up or examination of the members of the staff may be done

at least once a year in consultation with the Superintendent of the

Prison. Reports of such medical examination shall be kept in the office

of the Superintendent.

406. Fortnightly Weighing.— (1) The Medical Officer shall be

present during the fortnightly weighing of prisoners. He shall record

each prisoner’s weight in his weight chart.

(2) Care shall be taken that the fortnightly weighings, under

Section 35(2) of the Prisons Act, 1894 are done at approximately the same

time of day to avoid as far as possible, the variations that naturally take

place throughout the day.

(3) Since no labour is done on Sundays, Sundays will be most

suitable for taking weights. When the number of labouring prisoners is

large, they can be divided into two groups, with each group being

weighed on alternate Sundays. Assistance of the pharmacist and a

member of the executive staff detailed by the Superintendent may be

taken for the purpose.

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[PART–II

Explanation: The body weight varies to a certain extent from

time to time under normal conditions. Therefore, small differences of

weight up to 1 kg. would not necessarily indicate that the weights were

taken carelessly.

407. Record of weights.— (1) The initial weight on admission to

prison and the final weight before release shall be recorded in the

Convict Register and these, as well as all the intermediate fortnightly

weights, shall be recorded in the prisoner’s History Ticket and weight

chart.

(2) Before recording the prisoner’s weights, it shall be

ascertained that the weighing machines are accurate.

408. Treatment of prisoners losing weight.— (1) All prisoners who

have lost more than 1.5 kg. since the last fortnightly weighing or more

than 3.0 kg. since admission to prison, shall be paraded with their weight

charts for the inspection of the Superintendent and the Medical Officer

on the day following the day the weighing is done.

(2) Special care shall be taken in case of prisoners with a poor

physique on admission, for whom even small loss of weight may be of

serious concern.

409. Check by Medical Officer.— The Medical Officer shall, as

soon as possible after the fortnightly weighing, check the weights of a

dozen or more prisoners picked randomly to satisfy himself of their

accuracy and shall record in his journal any remarks he may consider

necessary.

410. Inspection of Prison Medical Administration.— The Director

of Health and Family Welfare Services or his Deputy shall visit the Prison

at least once in a quarter usually at the time when the weekly inspection

parades of prisoners are conducted by the Superintendent, see every

prisoner, hear and enquire into any complaint of sickness.

DEATH OF PRISONERS

411. Procedure on Death of a Prisoner.— (1) In the event of death

of any prisoner, the Medical Officer shall see and, if necessary, examine

the body of the deceased prisoner so that he may be in a position to

certify the fact and cause of death. When the Medical Officer is in any

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doubt as to the cause of death or if, the death appears to have been the

result of an offence punishable under the Indian Penal Code, 1860, he

shall make a complete and regular post-mortem examination of the body

of the deceased. In the event of several deaths resulting from any

prevailing epidemic, post-mortem examinations shall be made in one or

more cases to be selected by the Medical Officer. The Superintendent

of Jail immediately sends a message to the nearest Police station, District

Magistrate, the concerned Judicial Officers and to the relatives of

prisoners.

(2) Whenever the mortality in the prison during a month

exceeds 1% per annum, he shall record an explanation of the cause of

such excess of mortality in the monthly return. In cases of unusual

mortality, he shall make a special report on the subject for the Government

through the Inspector-General.

(3) The provisions of sub-rule (1) shall, with necessary changes,

apply to the case of a death of an officer of the prison while employed

on duty.

(4) The record required by Section 15 of the Prisons Act, 1894

shall be made by the Medical Officer in the case-book.

412. Death of Prisoners Transferred on Ground of Health-Filing

of Returns.— If, any prisoner transferred to another prison hospital for

the benefit of his health, dies of the disease with which he was

transferred within three months of his transfer or if, he dies of T.B. at

any time, his death shall be borne on the return by the transferring

prison. But, if, he dies from a different disease or after the lapse of three

months, then it shall be borne by the receiving prison.

413. Registration of Birth or Death in Prison.— The Deputy

Superintendent of Jail shall send intimation of birth or death in a prison

in writing to the Registrar of the locality appointed for the purpose under

the Registration of Births and deaths Act, 1969.

414. Death in Custody.— (1) Deaths of all prisoners whose

fingerprints have been taken and if, known in prisons, shall be intimated

immediately to the Finger Print Bureau.

(2) When a military prisoner dies in prison, immediate report

thereof shall be given to the Commanding Officer who sent him to the

prison.

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[PART–II

(3) When a foreign prisoner dies in prison immediate report shall

be sent to the District Magistrate of the district and the Inspector-General

for further communication to the Government. The Government shall

inform the embassy or the appropriate authority about the death.

(4) Where a woman prisoner dies in prison and leaves a child

behind, notice shall at once be sent to the District Magistrate of the

district who shall make arrangements for further care of the child as may

be deemed fit.

(5) Where a convicted prisoner dies in prison his warrant shall

be returned to the Court from which it was issued with an endorsement

certifying the cause and date of death. Where a remand or an under-trial

prisoner dies in prison, the Court or Courts in which the case or cases

are pending, against the deceased shall immediately be informed of the

fact of death in writing.

415. Recording of Death.— Entries relating to the death of a

prisoner shall be made in the concerned registers, in the History Ticket

in detail and in the hospital records. All records relating to the death of

a prisoner shall be preserved for at least two years.

416. Disposal of the Dead Bodies of Prisoners.— (1) The body of

any prisoner, including that of a child residing with a female prisoner,

who dies in a prison or in a Civil Hospital or asylum, shall be disposed:-

(i) Only after a post-mortem in the hospital, the body may

be handed over to the relatives if, available. For this

purpose it may be kept in the hospital mortuary for 24

hours.

(ii) If, there is no chance of relatives or friends reaching

within 24 hours, the prison authorities shall dispose of

the body in accordance with the hospital rules.

(iii) The delivery of a body to relatives or friends shall be

subject to the conditions that there shall be no public

demonstration of any nature in regard to its removal.

(iv) The Superintendent of the prison in every case shall

conduct an identification test to ensure that the dead

body is the body of the particular prisoner and satisfy

that the marks of identification mentioned in the convict

certificate to that effect in the register.

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(2) The relatives of prisoners, if poor, may be paid a maximum

amount of ` 2,000 for transporting the dead body of the prisoner to their

native place or for performing last rites.

417. Intimation to inquiring Magistrates and Police Officers.—

(1) Intimation of all deaths, including that of children residing with female

prisoners, occurring from whatever cause in the prison shall be sent

within 24 hours to:-

(a) the nearest Magistrate empowered under sub-section (4)

of section 174 of the Code of Criminal Procedure, 1973

to hold inquests;

(b) the officer in charge of the police station having

jurisdiction, who is required to make a preliminary

investigation.

(2) The body of the deceased prisoner or the deceased child of

the female prisoner shall be kept for inspection and orders of the officer

holding the inquests. No prison officers shall be a member of a

panchayat formed to express an opinion as to the cause of death of any

prisoner or deceased child of the female prisoner.

418. Report on Death of Prisoners.— A full report on the

circumstances of the death of a prisoner shall be sent by the

Superintendent without any delay to the Inspector-General of Prisons

for submission to the Government. Reports made by the police and

Magistrate, the nominal roll, copies of judgements, the reports required

by Section 15 of the Prisons Act, 1894 and the deposition of witnesses

with this report, shall be submitted. The post-mortem examination shall

be videographed as per the guidelines of the NHRC.

419. Post-mortem Examination.— (1) A post-mortem examination

shall be carried out by the Medical Officer for all cases of death of

prisoners or their children who reside with them, occurring inside the

prison premises, in prison hospitals, in transit from one prison to another

or from the prison to an outside hospital or in an outside hospital.

(2) A full report on the circumstances of the death shall be sent

by the Superintendent without any delay, to the Inspector-General of

Prisons for submission to the Government. Reports made by the Police

and Magistrate, the nominal roll, copies of judgments, the reports

required by Section 15 of the Prisons Act, 1894 and the deposition of

witnesses with this report, shall be submitted.

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[PART–II

CHAPTER–15

CONTACT WITH THE OUTSIDE WORLD

INTERVIEW AND LETTERS

420. Reasonable facilities to be allowed for interviews.— (1) Every

prisoner shall be allowed reasonable facilities for seeing or

communicating with, his/her family members, relatives, friends and legal

advisers for the preparation of an appeal or for procuring bail or for

arranging the management of his/her property and family affairs. He/

she shall be allowed to have interviews with his/her family members,

relatives, friends and legal advisers once in a fortnight. The number of

letters a prisoner can write in a month shall be fixed by the Government

under the rules.

(2) The same facilities shall be allowed to every prisoner

committed to the prison in default of payment of a fine or furnishing

security under Chapter VIII of the Code of Criminal Procedure, 1973, to

enable him to arrange for payment of the fine or furnishing security.

(3) On admission, every prisoner should submit a list of persons

who are likely to interview him/her and the interview shall be restricted

to such family members, relatives and friends. The conversation at the

interviews shall be limited to private and domestic matters and there shall

be no reference to prison administration and discipline and to other

prisoners or politics.

(4) The number of persons who may interview a prisoner at one

time shall ordinarily be limited to three and in exceptional cases, this

may be relaxed and maximum of five persons may be allowed to interview

a prisoner, at the discretion of the Superintendent.

421. Privileges contingent to good conduct.— (1) The contents

of all letters shall be limited to private matters. Postage stamps may be

allowed to be purchased for letters addressed by prisoners to their

relatives in foreign countries at their cost. If, the prisoners have no cash

in credit, it shall be supplied at Government cost in deserving cases,

and at reasonable intervals, at the discretion of the Superintendent of

Jail. The prisoners shall not be allowed to misuse such privileges. In

addition to the number of letters allowed in a month, the prisoners shall

be allowed, if they so desire, a special letter in order to inform their

friends or relatives of their transfer from one prison to another. This

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shall be in addition to the letters allowed to them. Ex-prisoners and

habitual prisoners, who apply to see their friends lodged in a prison,

may not be permitted such interview by the Superintendent unless and

until there exist a genuine reason for such interview.

Explanation (1): Every prisoner shall be given the option of

informing his/her family of his/her committal to the prison immediately

on his/her admission, he/she shall be provided with a post card or inland

letter for this purpose.

Explanation (2): A letter merely arranging an interview shall not

be counted as a letter for the purpose of this rule.

Explanation (3): A prisoner may substitute a letter with a reply

for an interview or vice versa with the permission of the Superintendent.

Explanation (4): Prisoners shall not be allowed to correspond

with prisoners in other prisons. If, however, a prisoner has got his/her

relatives in another prison, he/she may be permitted to write to them,

subject to the restrictions contained in these rules.

422. Superintendent’s discretion to grant privileges at shorter

intervals.— If, he considers that special or urgent grounds exist for such

concession, the Superintendent may at his discretion, grant interviews

or allow the dispatch or receipt of letters at shorter intervals than

provided in spite of a prisoner’s misconduct. This could be in the event

of the prisoner being seriously ill or the death of a near relative or when

his/her friends or relatives have come from a distance to see the prisoner

and it would inflict undue hardship on them if they are refused an

interview or if the prisoner is nearing release and wishes to secure

employment or for any other sufficient cause. Matters of importance,

such as the death of a relative may also be communicated at any time to

the Superintendent who will, if he thinks it expedient, inform the prisoner

about it.

423. Prisoners allowed to sign a Power of Attorney.— Every

convicted prisoner may at the discretion of the Superintendent be

permitted to sign and attest a power of attorney or other statements/

conveyances concerning his/her properties.

424. Interview with Prisoners in the same Prison or in Hospitals

Outside the Prison.— (1) Subject to the provisions of the above rules,

the Superintendent shall also permit interviews between men and women

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[PART–II

prisoners who are related to each other by marriage or blood, when they

happen to be confined in the same prison or when one is in the Central

Prison and the other in the Special Prison for Women. If a prisoner is to

be sent out of the prison for the purpose of such interviews, he/she

shall be sent under adequate escort.

(2) The Superintendent shall permit a prisoner, other than a

condemned prisoner, to see a prisoner in a hospital outside the prison

subject to the following conditions:-

(i) The prisoner in the hospital is a relative and is seriously

ill;

(ii) The hospital is situated in the same city or town;

(iii) The prisoner is sent under adequate escort as the

Superintendent decides;

(iv) The prisoner shall return to the prison immediately after

seeing the prisoner in the hospital.

Provided that nothing contained in this rule shall apply to

persons detained under preventive detention laws or prisoners who

habitually commit offences punishable under sections 224, 376, 396 to

400, 402, 467, 471, 472, 474, 489, 489-A, 489-B and 489-D of the Indian

Penal Code, 1860 and who are convicted under the above-mentioned

sections of the Indian Penal Code.

425. Interviews-pre-requisites.— (1) Unless the persons desiring

interviews are illiterate, applications for interviews shall be in writing.

If, the prisoner is not entitled to have an interview, the applicant shall

be informed at once. Cellphone use is prohibited in Prison.

(2) Where an interview is permissible, but if the authority

concerned refuses the same, the reasons for such refusal shall be

recorded in the Interview Register.

(3) Prior consent of the prisoner shall be obtained before

granting an interview with him.

(4) No prisoner shall be allowed to have an interview without

the permission of the Superintendent of Jail. Such permission shall be

recorded in writing.

(5) The Superintendent shall scrutinize every day the entries

regarding interviews recorded in the Interview Register before he signs it.

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426. Record of interview.— A register for recording the requests

for interviews shall be maintained in the prison. All applications for

interviews shall be entered in order of their receipt in the register along

with the details of addresses of the interviewers. All entries pertaining

to prisoner’s interviews shall also be recorded.

427. Waiting Rooms.— Suitable waiting rooms may be provided

in every prison to enable visitors to await their turn for interview. They

may be given a token to await their turn.

428. Interviews on Prison Holidays.— Interviews shall not

ordinarily be granted on Sundays and other government holidays. The

Superintendent may, however, under very exceptional circumstances,

grant interviews on these days as well. The reasons for granting such

interviews on Sundays or Holidays shall be recorded by the

Superintendent in the report book.

429. Time for Interviews.— The Superintendent shall fix the days

and hours at which all interviews shall be allowed. No interviews shall

be allowed at any other time, except with the special permission of the

Superintendent. A notice indicating the interview hours shall be posted

outside the prison.

430. Place of Interview.— (1) Every interview shall take place in a

special part of the prison appointed for this purpose. If, possible such

a place should be at or near the main gate to ensure the safety and

security of prisoners. The interview room will have fibre glass partition

with intercom facilities, so that the prisoners can have a peaceful

interview. The interview room shall be divided into cubicles and should

have sound-proofing materials covering its walls and ceiling.

(2) Interviews with female prisoners shall, if practicable, take

place in the female enclosure/ward.

(3) If, a prisoner is seriously ill, the Superintendent shall permit

the interview to take place in the prison hospital. A condemned prisoner

shall ordinarily be interviewed in his cell.

(4) The Superintendent may, however, for special reasons to be

recorded in writing, permit an interview to take place in any other part

of the prison.

(5) The interview should be conducted twice a week according

to alphabetical order of names.

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[PART–II

431. Prevention of passage of prohibited articles during

interview.— Screens or wire mesh partitions shall be put up, if

necessary, between the prisoners and the persons interviewing them,

to prevent the passage or exchange of any prohibited articles between

them.

432. Interview to take place in the presence of a prison officer.—

Every interview with a convicted prisoner shall take place in the presence

of an experienced prison Officer, who shall be positioned at a place from

where he can see and hear what passes between the prisoner and his

interviewer and he shall prevent any article being passed between the

two parties. A lady Deputy or Assistant Superintendent or a female

warder shall be present when female prisoners are interviewed.

Note: Every interview with a terrorist or militant, whether

serving a sentence or kept as an under-trial, prisoner or

a prisoner detained under Preventive Detection Laws,

shall take place in the presence of an Intelligence Officer

or an Investigating Officer conversant with the case

against the prisoner. An experienced prison officer shall

also be present during such interview. Relatives and

friends of such prisoners, who desire to interview them,

shall produce a certificate from the head of the concerned

Village Panchayat or a member of the State Legislative

Assembly, as proof of their residence and relationship

with the prisoners or duly authenticated identity

documents like a family ration card, voter’s identification

card, driving licence and/or passport.

433. Communication with or visit to foreign nationals.— (1) If,

any foreign national is committed to prison or to custody pending trial

or is detained in any other manner, the Superintendent of Jail shall,

immediately inform the Inspector-General of Prisons who shall, in turn,

inform the Government of the fact. Any communication addressed to a

Consulate, by a prisoner or detenue, shall be forwarded to the Ministry

of External Affairs through proper channel without undue delay. Such

communication shall be subject to scrutiny/censorship as per rules. The

particulars of incoming and outgoing letters of a foreign national, if,

found objectionable shall be censored and also furnished to the

Government.

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(2) Whenever Consulate Officials of a foreign country seek

permission to visit or interview a prisoner for arranging legal

representation for them or for any other purpose, the Superintendent of

Jail shall inform the Government of such request from the Consulate.

Only on receipt of orders from the Government, the Superintendent of

Jail shall permit Consulate officials to visit the prisoner.

Note: The right to interview a foreign national in prison does

not mean a private interview and does not include the

right to inspect the living quarters of the prisoner/

detenue. This is also subject to general regulations

regarding interviews in prisons.

434. Termination of Interview.— An interview may be terminated

at any moment if the prison officer present considers that there is

sufficient cause for terminating it. In every such case, the reasons for

terminating the interview shall be reported at once to the senior most

prison officer present in the prison.

435. Duration of Interview.— Ordinarily, the time allowed for an

interview shall not exceed half an hour. However, this may be extended

by the Superintendent of Jail at his discretion.

436. Search before and after Interview.— Every prisoner shall be

carefully searched before and after an interview.

437. Powers to refuse an Interview.— The Superintendent of Jail

may refuse to allow any interview, to which a prisoner would ordinarily

be entitled under these rules, if in his opinion it is not in public interest

to allow a particular person to interview the prisoner or if, there are other

sufficient reasons to refuse an interview. In every such case, the Prison

Superintendent shall record his reasons for such refusal in his journal.

438. Under mentioned facilities may be granted to under trial and

civil prisoners.— Under-trial and civil prisoners shall be granted all

reasonable facilities to interview or write letters to their family members,

relatives, friends, and legal advisers.

(1) Every interview between an under-trial prisoner and his legal

adviser shall take place within sight, but, out of hearing, of a prison

official. A similar concession shall be allowed by the Superintendent in

the case of an interview with any near relative of an undertrial.

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[PART–II

(2) When any person desires an interview with an under-trial

prisoner in the capacity of the prisoner’s legal adviser, he shall apply in

writing, giving his name and address and specifying the purpose of the

interview. He must satisfy the Superintendent of Jail that he is the

bona-fide legal adviser of the prisoner with whom he seeks interview

and that he has legitimate business with him.

(3) Any bona-fide written communication prepared by an

under-trial prisoner as instructions to his legal adviser (i.e., a legal

practitioner within the meaning of the Advocates Act, 1961, may be

caused to be delivered personally to such legal advisor or to his

authorized nominee, by the Superintendent of Jail. If such communication

is confidential it shall be delivered without being previously examined.

(4) Civil prisoners may see their family members, friends,

relations and legal advisers at such time, and under such restrictions,

as the Superintendent may decide and the presence of a prison officer

shall not be necessary. No such visitor shall, however, be allowed to

take eatables without the permission of the Superintendent inside the

prison

439. Superintendent’s Permission for Interviews Required.—

No prisoner shall be allowed to have an interview without the permission

of the Superintendent of Jail. Such permission shall be recorded in

writing.

Applications for interviews with prisoners may be either oral or

in writing. If, the prisoner is not entitled to have an interview, the

applicant shall be informed at once.

440. Supply of writing materials and other facilities.— (1) Writing

material, including service post cards, shall be supplied in reasonable

quantities to any convict, who has permission to write letters. All letters

by prisoners shall be written at such time and place as the

superintendent may appoint. A fixed day of the week, preferably Sunday,

shall be set apart for letter writing. Service postage stamps shall also

be provided to prisoners.

(2) Prisoners shall be allowed to purchase writing material at

their own expense. All note books provided to them should have their

pages numbered to keep a check on their misuse and to prevent secret

correspondence.

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441. Prisoners may keep letters.— A prisoner may retain any letter

which has been delivered to him under due authority under supervision

of the Prison Officials.

442. Withholding of letters and their disposal.— (1) Criteria for

withholding of letters of prisoners is as under:-

(i) Prisoners may be allowed to write letters only to their

family members, relatives and close friends. In case it is

found that the prisoner is corresponding with undesirable

persons or receiving letters from them or if, any

correspondence is found detrimental to the prisoner's

rehabilitation, such letters, and both incoming and

outgoing, shall be withheld. Prisoners should be informed

of such action without divulging the contents of the

letters received. If necessary, they may also be warned

in this regard.

(ii) There may be no limit on the number of incoming letters

to a prisoner.

(iii) Prisoners shall not be allowed to correspond with inmates

of other prisons. However, if a prisoner has his/her

relative lodged in another prison he may be permitted to

send letters to them informing them to his/her welfare.

(iv) The Superintendent of Jail shall have the right to disallow

letters to prisoners for reasons of security and discipline

or during periods of emergencies, if he considers it

necessary.

(v) For the purpose of these rules applications sent by

prisoners should not be treated as letters.

(2) No letter shall be delivered to or sent by a prisoner, until

the Superintendent has satisfied himself that its transmission is not

objectionable. No letter written in a secret language shall be allowed.

The Superintendent may withhold any letter which seems to him to be,

in any way, improper or objectionable. He may also cause such passages

in the letters to be erased. If, a letter is written in a local language and

cannot be satisfactorily translated in the prison concerned, it shall be

sent to some other officer for translation, in accordance with the

procedure laid down for this purpose by the Inspector-General of

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[PART–II

Prisons. Subject to the approval of the Government, arrangements may

also be made to send such letters for translation to other Government

Departments. If, a letter is written in a language not ordinarily used in

the State, it shall be sent for translation to the Criminal Investigation

Department of the State. A slip marked Urgent shall be attached to any

letter sent outside the prison for translation so that unnecessary delay

does not take place in their translation and examination.

(3) If, a letter addressed to a prisoner is improper or

objectionable it may be withheld under intimation to the prisoner and

kept in the custody of the Superintendent of Jail or it may be returned

to the sender under intimation to that prisoner. The Superintendent of

Jail may, if he deems it necessary, communicate the contents of such a

letter to the prisoner.

443. Exclusion from Privileges.— If, any prisoner abuses any

privilege relating to the holding of an interview or writing of letters or

of communication with persons outside the prison, he shall be liable to

be excluded from such privileges and may be subjected to other

restrictions as the Prison Superintendent may consider necessary.

Facilities to be granted to Under Trial and Civil Prisoners for Interviews

and for writing and receiving letters.

444. Facilities to be granted to unconvicted criminal prisoners

and civil prisoners in the matter of interviews and letter.—

(1) Unconvicted criminal prisoners and civil prisoners shall be granted

all reasonable facilities at proper times and under proper restrictions for

interviewing or otherwise, communicating either orally or in writing, with

their family members, relatives, friends and legal advisers.

(2) Every interview between an unconvicted prisoner and his

legal adviser shall take place within sight, but out of hearing, of a prison

official. A similar concession shall be allowed by the Superintendent in

the case of an interview with any near relative of an unconvicted

prisoner.

(3) When any person desires an interview with an unconvicted

criminal prisoner in the capacity of the prisoner's legal adviser, he shall

apply in writing, giving his name and address and specifying the purpose

of the interview. He must satisfy the Superintendent of Jail that he is

the bona-fide legal adviser of the prisoner with whom he seeks interview

and that he has legitimate business with him.

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(4) Any bona-fide written communication prepared by an

unconvicted criminal prisoner as instructions to his legal adviser may

be caused to be delivered personally to such legal advisor or to his

authorized nominee, by the Superintendent of Jail. For this purpose, the

term legal adviser means a legal practitioner within the meaning of the

Legal Practitioners Act, 1879 (Central Act XVIII of 1879). If, such

communication is confidential it shall be delivered without being

previously examined.

(5) Civil prisoners may see their family members, friends,

relations and legal advisers at such time, and under such restrictions,

as the Superintendent may decide and the presence of a prison officer

shall not be necessary. No such visitor shall, however, be allowed to

take eatables without the permission of the Superintendent inside the

prison.

445. Communications from a prisoner who is a Member of the

State Legislature or of Parliament.— All communications addressed by

a prisoner, who is a member of the State Legislature or of the Parliament,

to the Speaker or Chairman of the House of which he is a member or to

the Chairman of Committee (including a Committee on Privileges) of such

a House or of a Joint Committee of both houses of the State Legislature

or of Parliament, as the case may be, shall be immediately forwarded by

the Superintendent of Jail to the government to deal with it in

accordance with the rights and privileges of the prisoner as a Member

of the House to which he belongs.

446. Telephone facilities.— At the discretion of the Superintendent

of Jail, a prisoner may be allowed the use of telephones, on payment, to

contact his family and lawyers, wherever such facility is available.

Ordinarily, a prisoner may be allowed to use the telephone facility once

in a fortnight. The prisoner can use this facility under the supervision

of a prison officer to be designated by the Superintendent. While

permitting a prisoner the use of telephone the Superintendent shall

ensure that such permission is not given to prisoners who have a record

of unruly behaviour and bad conduct.

447. Other amenities relating to prisoners and restrictions

thereof.— (1) A copy of the rules relating to prisoners shall be placed

in each cell and one copy of the Do's and Don'ts for prisoners shall be

given to them. An abstract of the rules shall also be displayed inside

the prison gate and on the walls of important prison buildings.

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[PART–II

(2) All prisoners, who by their good conduct, are found

deserving, shall be allowed to receive soap, oil and tooth powder, fruits

and sweet from their friends and relatives, subject to the condition that

the quantity to be received shall be limited to their personal requirements

for a fortnight and that a thorough examination of the articles, to be

passed to the prisoners, is done by a senior officer of the prison and if

necessary, medical examination of any food article shall also be

conducted. The Superintendent shall ensure that quantity of articles

permitted to be received by a prisoner shall in no case exceed the limit

specified. No prisoner shall be allowed to share any of the articles

received by him with other prisoners.

APPEALS BY PRISONERS

448. Facilities for appeal shall be explained.— All relevant rules

about appeals, and the facilities available in the prison for preparing

and sending appeals, shall be explained to the prisoners at the time of

their admission by the Welfare Officer.

449. Welfare officer shall record the desire of the prisoner to

prefer an appeal.— Upon conviction, the Legal Aid Cell/Clinic/the

Probation/Welfare/Rehabilitation Officer shall ascertain whether the

prisoner desires to file an appeal or not and record it in the convict

be required to sign the History Ticket or affix his left-thumb impression

thereon. This shall be verified and confirmed by the Deputy

Superintendent and Assistant Superintendent at the time of the

prisoner's physical verification.

450. Application for copy of judgment.— If the copy of the

judgment is not received by the prisoner, the Superintendent shall

immediately address the Court, on his behalf, for sending its transcript.

In the event of any such transcript of the judgment being sent to the

prison authorities for delivery to a prisoner by the appellate, revisional

or other Court, the official concerned shall get it delivered to the prisoner

and obtain a written acknowledgement thereof from the prisoner. If,

before the receipt of the transcript of the judgment, the prisoner had

been transferred to another prison or to the custody of any other officer,

the transcript of the judgment shall on receipt, be forwarded without

delay to the Superintendent of such prison or such officer, as the case

may be. Till such time as the copy/transcript of the judgment is received

by the prisoner, the Superintendent of Jail shall ensure that a reminder

for sending a copy of the judgment is sent to the concerned Court every

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week. If, the copy of the judgment is not received within one month of

forwarding the application to the Court, the Superintendent of Jail shall

detail a prison officer to visit the Court personally and collect a copy of

the judgment and have it delivered to the prisoner.

451. Prisoners to be assisted in preferring appeals.— (1) Where

the prisoner seeks help to file an appeal or revision petition, every

facility for the exercise of this right shall be provided to the prisoner by

the Superintendent of Jail. If a prisoner desires to file an appeal and

declares that he has no friends or relatives or agents who can file an

appeal on his behalf, he/she shall be provided with writing materials and

allowed to write his own petition or appeal.

(2) If a prisoner cannot write, the Legal Aid Cell attached to

the prison shall prepare his/her appeal petition. The Superintendent shall

not be obliged to give assistance in the preparation of appeals of

prisoners who omit to give notice of their intention to appeal before the

period of limitation has expired. A prisoner, whose petition or appeal is

written by someone else on his/her behalf shall be given full opportunity

of expressing himself/herself and his/her case shall, as far as possible,

be recorded in his/her own words. Printed forms of appeal petitions shall

not be used.

452. Emergency leave to Appeal.— (1) The procedure governing

the submission of petitions of Emergency leave to appeal is contained

in rules 1, 2, 3 and 4 of Order XIII and rules 1 and 4 of Order XVIII read

with Rule 2 of Order XXI of the Supreme Court Rules of 2013. These

rules lay down that a petition for Emergency leave to appeal should be

drawn up in the proper form and should be accompanied by the following

documents:

(i) Certified copy of the judgment of the Court appealed

from;

(ii) An affidavit to the effect that notice of the intended

petition for Emergency leave to appeal has been served

upon the respondents;

(iii) An affidavit in support of the petition as required by Rule

4 of Order XVII of the Supreme Court Rules, 2013;

(iv) An application for condonation of delay in filling the

petition, if it is presented after the expiry of the period

of limitation prescribed by Rule 1 of Order XIII read with

Rule 2 of Order XXI;

(v) Certified copies of the judgments of the lower Courts.

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[PART–II

(2) The Superintendent shall communicate a list of prisoners of

the following categories to the Duty Counsel, State Legal Services

Authority at the High Court, and Legal Services at Supreme Court, in

addition to contacting with District Legal Services Authority on

continuous basis, for providing of legal aid and assistance to them:-

(i) Under-trial prisoners who are old and infirm, including

women who are pregnant or have babies to be nourished;

(ii) Under-trials who have spent more than three months in

prisons and who have no means to engage a counsel;

(iii) Persons arrested on suspicion under Section 41 of the

Code of Criminal Procedure Code, 1973who have been in

prison beyond a period of 15 days;

(iv) Under-trials who, the Superintendent has reasons to

think, have not completed 18 years of age should not be

admitted inside the Central Prison or District Prison;

(v) Any convicted prisoner who has already filed an appeal

through prison authorities, as provided in the Code of

Criminal Procedure Code, 1973 and who has given in

writing his/her desire to avail free legal aid. The

Superintendent shall also supply information to the Duty

Counsel regarding such appeal along with a copy of

memorandum of appeal, if available;

(vi) Prisoners or the members of their family, requiring legal

assistance in any civil or criminal matters.

(3) Information regarding seeking of legal aid may be passed

on by the Superintendent to the Duty Counsel if the concerned prisoner

has given in writing his/ her desire to avail of free legal aid. If the Duty

Counsel so desires, he/she may interview the prisoner with regard to

these matters.

(4) The provisions which are applicable to petitions for

Emergency leave to appeal to the Supreme Court on behalf of the

condemned prisoners, shall also apply to such petitions on behalf of

other convicts.

453. Superintendent to forward petitions of appeal.— Under

section 383 of the Code of Criminal Procedure, 1973an appellant, who is

in prison, may present his petition/appeal, and the documents

accompanying it, to the Superintendent who shall, thereupon,

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countersign and forward them to the proper Appellate Court at

Government cost. All such appeals shall always be sent by registered

post.

454. Exclusion of time taken in obtaining copy of judgment.—

(1) The date on which a prisoner expresses his intention to appeal shall

be entered at the appropriate space in his/her History Ticket. The time

between that date, and the date on which the copy of judgment is

delivered to the prisoner, shall be treated as the time required for

obtaining a copy of the order or sentence appealed against, within the

meaning of Section 12 of the Limitation Act, 1963.

(2) The period allowed under the Limitation Act, 1963 (Central

Act 36 of 1963) for filing of appeals to different Courts are as follows:-

Sl.

Description of appeal

Period of

Limitation starts

No.

limitation

from

(1)

(2)

(3)

Under the Code of Criminal

30 days

The date of the

Procedure Code, 1973 From

sentence

a sentence of death passed

by a Court of Session or by

a High Court in the exercise

of its original criminal

jurisdiction

From any other sentence or

60 days

The date of the

any order not being an order

30 days

sentence or order

of acquittal

(i) to the High Court

(ii) to any other Court

(3) In order to enable the appellate courts to calculate the

period of limitation prescribed for criminal appeals under the Limitation

Act, 1963 every appeal petition shall be endorsed with the following

notice, signed by the Superintendent of Jail, namely:- “The period

requisite for obtaining a copy of the order appealed against to be

excluded from the period of limitation under section 12 of the Limitation

Act, 1963 (Central Act 36 of 1963), was .............................................. days.”

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[PART–II

455. Delay in preparing appeal to be noted.— If any delay has

occurred in preparing the appeal or revision petition after the receipt of

the copy of judgment, a note of such delay shall also be made on the

appeal or revision petition.

456. Notice of the date of hearing shall be communicated to the

prisoners.— When notice of the date of hearing of an appeal or petition

is received, it shall be communicated to the convict who shall affix his/

her signature or left-thumb impression is token of receipt of such his/

her signature or left-thumb impression is token of receipt of such notice,

on the notice. The notice shall then be attested by the Superintendent

and returned to the concerned Court.

457. Personal appearance of the prisoner in the appellate

Court.— When notice to show cause why a prisoner’s sentence should

not be enhanced is received from the appellate Court, the prisoner shall

be asked whether he/she wishes to apply for permission to appear in

person before the Court concerned. If he/she says so, the Superintendent

shall forward his/her application to the Court for orders. Arrangements

shall be made for his/her personal appearance in the Court if such

permission is granted.

458. Appeal procedure with regard to persons convicted by Court

Martial.— No appeal lies from a sentence passed by a court martial

under the Army Act, 1950. The prisoner has a right to submit one petition

only, against the judgment or sentence, for disposal by the highest

authority to whom he/she is authorized to apply. His/her legal rights to

submit a petition and the authority to which a petition shall be addressed

are explained to every accused at the time of the pronouncement of

sentence. Such a petition shall be forwarded to the authority to whom

it is addressed. Appeals or petitions addressed to the Government of

India or to any civil authority, shall be forwarded to the Central

Headquarters of the concerned Armed Force for disposal.

459. Communication of appellate orders.— On receipt of an order

disposing of an appeal, the purport thereof shall be communicated to

the prisoner concerned in the presence of the Superintendent who shall

enter on the order a certificate to the effect that it has been so

communicated. Whenever a prisoner has been transferred before the

receipt of orders on his/her appeal, such orders shall be forwarded,

without delay, to the Superintendent of the prison in which the prisoner

is confined.

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460. Maintenance of Appeals Register by the Welfare Officer.—

(1) The Welfare Officer shall maintain an Appeal Register. He shall cause

the register to be placed before the Superintendent of Jail as frequently

as may be necessary. Starting from the date on which the prisoner

expresses his/her desire to file an appeal, till the date of receipt of the

order of the appellate Court disposing of the appeal, all such dates on

which action is taken during the entire process shall be entered in the

Appeals Register and attested by the Superintendent or Additional

Superintendent. This would include dates on which requisition for

judgment copy is sent, the date of the receipt of judgment copy; the

date of delivery of the judgment copy to the prisoner or other nominated

party, and date of receipt of appeal from the prisoner.

(2) The Superintendent or Deputy Superintendent shall ensure

that there is no delay in the process of disposing of appeals/petitions.

The Welfare Officer is directly responsible to the Superintendent or

Assistant Superintendent in these matters. After forwarding the appeals/

petitions, the superintendent shall send reminders to the Clerk/Registrar

of the appellate Court as under:-

Session Court

Once in 15 days

High Court or Supreme Court

Once in a month

461. Record of the appellate order.— The order and judgment of

the Appellate Court, the copy of the original judgment, and other

connected records, shall be filed and kept along with the prisoner’s

warrant.

462. Record of the result of appeal.— (1) In every case in which

a sentence is modified or reversed on appeal, the Superintendent of Jail

concerned, on receiving the warrant prepared by the Appellate Courts

in terms of the order passed, shall inform the prisoner of the decision

of the appellate Court and make a note of it in the History Ticket and

the other connected records. The sentences shall be accordingly

corrected and the revised dates of release shall be entered and got

attested by the Deputy Superintendent and the Superintendent.

(2) In every case in which a sentence is confirmed on appeal,

the Superintendent of Jail shall receive information to this effect from

the Appellate Court. The confirmation of sentence or appeal shall be

entered in the History Ticket and other connected records and attested

by the Deputy Superintendent and the Superintendent.

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[PART–II

PETITIONS TO GOVERNMENT FROM PRISONERS OTHER THAN

THOSE WHO ARE UNDER SENTENCE OF DEATH

463. Permission to petition to Government.— Every prisoner shall

be permitted to submit petition to Government or to the appropriate

authorities through proper channel concerning his problem.

464. Facilities for preparing petitions.— Every prisoner shall be

provided with required writing materials and also be given adequate

facilities to enable him to prefer petition to Government or other

appropriate authorities should he desire to do so.

465. Preparation and submission of petition.— (1) The petition

may be drafted by the prisoner himself or by his friends or relatives or

legal advisers.

(2) If a prisoner cannot write and has no friends or relatives

who are able and willing to help him, the petition shall be drawn up by

a prison official or by another prisoner at the prisoner’s own dictation,

and if, by a prison official without suggestion on the part of the writer

or addition, to what the prisoners himself desires to state. When the

petition is prepared other than the prisoner himself, it shall be seen that

the prisoner understands the gist of its contents before signing the

petition. In such case, the contents of the petition shall be read over to

the prisoner and his acknowledgement obtained to the effect that he

understood the contents in the presence of the Deputy Superintendent

who shall also certify accordingly.

(3) Every petition shall be submitted on full-scale paper/A4

Paper, folded lengthwise and properly numbered and docketed.

(4) Prisoners shall not be permitted to submit petitions jointly

provided they are convicted and sentenced in one and the same case.

466. Authentication and submission of petition.— Every petition

whether prepared inside or outside the prison shall after counter-

signature by the Superintendent, be forwarded to the Inspector-General

of Prisons for transmission to Government.

467. Documents to accompany the petition.— (1) Every petition

shall be accompanied by a covering letter and a nominal roll of the

prisoner concerned.

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(2) A copy of the judgment passed in the case shall accompany

every petition and if, an appeal has been lodged and decided, a copy of

the judgment of the appellate Court shall also accompany it.

(3) In cases where a prisoner in his petition assigns his state

of health as a reason for remission of sentence, a detailed report drawn

up the Medical Officer shall accompany the petition containing

information on the following points, namely:-

(i) condition of health;

(ii) probability of life of the prisoner being seriously

endangered by prolonged imprisonment;

(iii) Whether the life of the prisoner is likely to be prolonged

if he be set at liberty.

468. Warrant to accompany petition of Military prisoner.— Every

petition from a military prisoner convicted and sentenced by court martial

shall be accompanied by a copy of the warrant on which the prisoner

was committed to prison.

469. Maintenance of Register of Petitions.— A separate register

shall be maintained in the prison to record the particulars of petitions

received from and on behalf of the prisoners and the nature of action

taken on each of them. In this register, particulars of petitions referred

by the prisoners relating to grant of suspension of sentences, remission

of sentences, transfer from one prison to another and other

miscellaneous matters relating to their welfare shall be legibly recorded.

This register shall be maintained in the Remission Section of the prison.

The date of disposal of each petition shall be indicated in this regard

and the entries made in this regard shall be duly attested in ink either

by the Superintendent or by the Deputy Superintendent who shall ensure

that there is no delay in the disposal of the petition. The Inspector-

General at the time of his inspection of the prison, shall inspect this

action taken for the disposal of the petitions registered therein.

470. Procedure for forwarding second petition to Government.—

In case the petition to Government has been rejected, a second petition

of the same prisoner on the same subject shall not be forwarded unless

in the opinion of the Superintendent, it contains further information or

material warranting its reconsideration.

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[PART–II

471. Memoranda by prisoners to President, Prime Minister, etc.—

Memoranda by the prisoners including undertrial prisoners in prisons,

addressed to the President, Prime Minister or any other dignitary of the

Central or Government shall be forwarded to the addressee unless the

statements contained in the memoranda are untrue or the memoranda in

question are couched in objectionable language. In case of withholding

such memoranda, the Superintendent of Jail shall inform the petitioner

as well as the authorities to whom the memoranda are addressed the

reason for such withholding.

472. Communication of orders on Petitions.— The orders passed

on every petition to Government shall be communicated to the prisoner

concerned, in the presence of the Superintendent or Deputy

Superintendent, as soon as practicable, after its receipt, and the purport

of them, with the date of communication shall be recorded on the History

Ticket and also in the appropriate column of the Convict Register.

CHAPTER–16

TRANSFER OF PRISONERS

473. Reasons and circumstances for transfer.— Prisoners may be

transferred from one prison to another for the following reasons:-

(i) For custody and treatment in a suitable institution in

accordance with the classification procedure;

(ii) For attendance in court for the purpose of standing trial or

giving evidence;

(iii) On medical grounds;

(iv) On humanitarian grounds, in the interest of their

rehabilitation;

(v) For post-release vigilance by the police;

(vi) For providing essential services;

(vii) On grounds of security, expediency, etc;

(viii) To be nearer to his/her home district;

(ix) For other special reasons, if any.

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474. Powers of Inspector-General.— Inspector-General of Prisons

has following powers:-

(1) Subject to the order and control of the Government, the

Inspector-General is authorized to sanction the transfer of such prisoners

as are referred to in section 29 of the Prisoners Act, 1900 (except those

under sentence of death), from one prison to another within the Union

Territory

(2) The powers to transfer any prisoner under sentence of death

from one prison to another shall rest with the Government.

(3) The sanction of the Inspector General, however, will not be

necessary for transfer of prisoners in the following cases, where the

Superintendent of Jail can order such transfer:-

(i) Transfer of prisoners required to give evidence or to

undergo trial for an offence in another State;

(ii) Transfer of prisoners en-route;

(iii) Transfer of prisoner to a classified institution in

accordance with a standing order issued for this purpose.

Transfer of prisoners on administrative grounds by the Chief

Superintendent of Jails/Superintendent of Jails to prisons within their

jurisdiction.

Explanation: Copy of Intimation regarding the transfer of a

prisoner in the above three circumstances shall, however, be submitted

to the Inspector-General, immediately.

475. Transfer of sick Prisoners.— Prisoners may be transferred

from one prison to another prison on following grounds;

(i) No prisoner who is sick shall be transferred except for the

benefit of his/her health;

(ii) When the Medical Officer is of the opinion that the transfer

of a sick prisoner to another prison is likely to lead to his/her recovery

or will help in prolonging his/her life, he shall forward a brief statement

of the case to the Superintendent, mentioning the prison to which a

transfer is desirable. The Superintendent shall thereafter submit the case

to the Inspector-General for his orders;

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LA GAZETTE DE L'ETAT

[PART–II

(iii) The Superintendent shall, on a requisition in writing from

the Medical Officer, supply extra food, clothing and bedding to prisoners

for such journeys. Medicines, with instructions for their use, shall if

necessary, be supplied to the officer escorting such prisoner;

(iv) The Medical Officer shall be responsible to ensure that the

medical case sheet of a prisoner is up-to-date at the time of his/her

transfer;

(v) No prisoner, who is incapable of ordinary hard labour on

account of age, sickness or infirmity, shall be recommended for transfer

except under special circumstances.

(vi) Guarded/Escort Police shall be made available within the

Jail Premises to meet out the emergency/special circumstances.

(vii) During emergencies, the transfer of sick person for

treatment in Hospital outside the Campus of Prison shall be guarded/

Escorted by the Police.

476. Prisoners convicted in the same case.— Prisoners convicted

in the same case may be transferred to different prisons if, in the opinion

of the Superintendent, it is absolutely essential to do so in the interests

of discipline and maintenance of order in the prison.

477. Transfer of habitual prisoners.— The Superintendent may

apply to the Inspector General for transfer of a habitual prisoner from

the prison on the ground that the prisoner is familiar with the locality

and surroundings because of previous imprisonment there or otherwise.

However, the Inspector-General shall order transfer of such prisoners

only in special cases, treating every such application on its merit, and

after satisfying him that sufficient reasons for transferring the prisoner

exist.

478. Transfer of Young Offenders.— Young offenders (in the age

group of 18 to 21) admitted to a prison shall be transferred to suitable

institutions for young offenders, under the orders of the

Inspector-General of Prison. They shall be transferred back to the prisons

of their origin after they attain the age of 21 years if, their sentence of

imprisonment is not complete. Special arrangements must be made for

them in such cases to continue getting the borstal treatment, till their

normal release.

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479. Transfer of prisoners convicted by civil Courts of competent

jurisdiction on reciprocal basis.— (1) Every prisoner convicted by a

civil Court of competent jurisdiction in a State, other than that of his/

her origin, may be transferred to his State of origin, if his/her unexpired

portion of sentence is at least three months at the time of his/her transfer.

He/she would be moved either to a prison in the district to which he/

she belongs or to a prison nearest to his/her native place. In the case

of any such prisoner to be transferred to his/her native State, the

Superintendent of Police of the district of that State shall confirm the

fact that the prisoner is native of that district of the State.

(2) In the case of any such prisoner to be transferred to another

State, the Superintendent of the prison, where the prisoner is confined,

shall obtain from the prisoner a written declaration giving details of his/

her address as also addresses of his/her relatives in his/her State of

origin and send a nominal roll to the Inspector-General of Prisons of

that State. The Inspector-General shall also ascertain the name of the

prison, in the State of origin to which the prisoner has to be transferred

from the Inspector-General of that State and then issue orders for the

transfer of the prisoner.

Explanation: (i) Due consideration shall be given to the wishes

of a prisoner regarding transfer to his/her home State, unless there are

adequate reasons against it-for instance, his/her being out of mind or

obstreperous or an aged parent wishing to be able to see his/her children

during the last days.

Explanation: (ii) The transferring State shall bear the cost of

transfer of the prisoner. The cost of maintenance of the prisoner shall

be borne by the State of his/her origin from the date he/she is received.

Explanation: (iii) The prisoners' property and wages earned by

him/her in the prison till the date of his/her transfer shall be sent, along

with the prisoner, to the prison to which he/she is transferred.

480. Transfer of prisoners convicted by Court martial overseas

or in India on reciprocal basis.— Every ex-military prisoner convicted

by a court martial overseas or in India, and confined in any prison, other

than a prison in his/her State of origin, may be transferred to a prison

in his/her State of origin. The Superintendent of Jail, where the prisoner

is confined, shall immediately after his/her admission, send the nominal

roll and written declaration of the ex-military prisoner in duplicate to

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[PART–II

the Inspector-General of Prisons, Puducherry who shall, in consultation

with the Inspector-General of the State of origin of the prisoner, decide

that the prisoner shall be transferred and issue orders to this effect. The

Inspector-General of Prisons, Puducherry shall also entertain requests

from prisoners of his State confined in prisons of other states, and after

proper verification by the Superintendent of Police of the district to

which the prisoner belongs, inform the respective Inspector-General

about the prisons to which such prisoner should be transferred.

Explanation: (i) Ex-military prisoners should be transferred

immediately to their State of origin irrespective of the unexpired portion

of their sentence.

Explanation: (ii) The cost of maintenance of ex-military prisoners

shall be borne by the States of their origin from the date they are

received in their prisons and the cost of transfer should be borne by

the Central Government from the Defence Service Estimates.

481. Transfer of prisoners prior to release.— (1) Every habitual

prisoner, police registered prisoner, prisoner ordered to pay a fine, a

prisoner required to notify residence subsequent to his/her release, a

person ordered to undergo imprisonment in default of furnishing security

for maintaining peace or good behaviour, a prisoner certified to be

mentally ill, and a female or juvenile prisoner, if, confined in a far away

prison, shall be transferred to the prison nearest to his/her home, one

clear week before the date of the expiry of his/her substantive sentence.

(2) The prisoners so transferred shall be confined in the outer

quarantine block of the receiving prison and released there from. The

release list shall, however, be sent by the Superintendent of the

transferring prison to the Superintendent of Police of the district in which

the prisoner will be released one month prior to his/her transfer.

(3) This rule is subject to the condition that the prison to which

the transfer is ordered is on or near the route which the prisoner would

ordinarily take to his/her home and contains accommodation for his

reception.

(4) The provisions of this rule may be relaxed in the case of

prisoners willing to receive help from the local Discharged Prisoners'

Aid Society on release, and for habitual and police registered prisoners,

and for those who are leprosy patients.

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482. Transfer during epidemics or pandemic.— Prisoners shall not

be transferred while Cholera or any other epidemic or pandemic disease

(like Corona) is present in either the transferring or receiving prison.

Transfer along a route where Cholera or any other epidemic is prevalent,

shall also be avoided as far as possible.

483. Grounds of re-transfer to be stated.— When a prisoner has

been transferred for any special reason by the Inspector-General, the

Superintendent shall, bring to notice the special reason for which the

original transfer was made, when proposing the re-transfer of such

prisoner. There shall not be any suppression of facts.

484. Grounds for transferring of prisoners belonging to other

States.— Prisoners belonging to other States may be transferred on

following grounds:-

(i) As a general rule Police registered criminals, not being

natives of the State in which they are undergoing sentence, shall be

removed, without regard to their wishes in the matter at any time if, they

are sentenced to imprisonment for three months or less, and two months

before their release if, they are sentenced to imprisonment for more than

three months, either to the prison of the District to which they belong

or to the prison nearest to their native place, provided that such prison

is declared by the Government concerned as the receiving depot for

prisoners removed from the Union territory of Puducherry. A prisoner

sentenced to more than three months of imprisonment shall be

transferred to a prison in his/her home District earlier than two months

if he/she is willing or if, there are adequate reasons requiring such

transfer. All such cases, as mentioned above, shall ordinarily be

intimated by the Police to the Superintendent of Jail in the form of a

Police Registered Slip. When a Police Registered Slip is received, the

details to be filled in at the prison shall be completed and the slip

attached to the prisoner’s warrant and sent with him/her to any prison

to which he/she may be transferred. At the same time an entry of the

letters “P.R.T.”, signifying Police Registered Prisoners for Transfer shall

be made in red ink in the Convict Register and Register of Prisoners to

be released. The Superintendent shall forward to the Inspector-General

a nominal roll of such prisoner with an application for his/her transfer

one month before the date on which the transfer is to be effected in

accordance with the rules. The Inspector-General is authorized to order

the removal of such prisoner, as required above, and shall pass a formal

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[PART–II

order sanctioning the transfer in consultation with the Inspector-General

of the State with the consent of that Government to which the prisoner

is to be removed. On the death or escape of a Police Registered Prisoner,

the Police Registered Form attached to his warrant shall be returned to

the Superintendent of Police of his District with an endorsement showing

the date of his death or escape. Similarly, any prisoner, whose detention

in a prison of the State in which he/she is undergoing sentence, is

deemed inexpedient; he/she may be removed with the previous consent

to the Inspector-General of the State and the Government of that State

to which it is proposed to remove him;

(ii) Police Registered Prisoners for transfer (or briefly P.R.T.

Prisoners) belonging to Jammu and Kashmir, Nepal and Bhutan shall be

transferred to the prisons in India nearest to their native places, at

anytime not exceeding two months prior to their release, the prisons to

which they are to be transferred being decided in consultation with the

Inspector-General of Prisons of the respective State, and after

verification of the facts. Intimation regarding release of P.R.T. Prisoners

belonging to Jammu and Kashmir shall be sent direct to Jammu and

Kashmir Government. In the case of P.R.T. prisoners belonging to Bhutan

and Nepal, such intimation shall be sent to the Government of these

countries through India's Political Officers or the Indian Embassy, as

the case may be.

485. Home State.— In the case of a prisoner, who has long ceased

to have any link with the State of his/her birth, and who is domiciled in

the State where he/she is imprisoned and where his/her close relatives

live, the latter State may be treated as his/her home State for the purpose

of transfer. This shall be ascertained from his/her antecedents or by

enquiries regarding his/her relatives, before deciding to transfer such

prisoner.

486. Police to escort prisoners.— Police escort to the prisoners

is given on following grounds:-

(a) The responsibility of escorting prisoners rests with the

Police. The Superintendent of Jail shall endeavor to reduce the calls

upon the Police as far as possible, by transferring prisoners in batches.

Prisoners shall not ordinarily be dispatched so as to reach the prison of

destination on any of the recognized holidays for prisons. If, such

a contingency is likely to arise due to unavoidable circumstances, the

Superintendent of the transferring prison shall forward a written request

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to the Superintendent of the receiving prison. The Superintendent of

the receiving prison shall, however, entertain such admission on

holidays even in the absence of any such request, but, bring the

irregularity to the notice of the Inspector-General of Prisons;

(b) The authorities at the transferring prison shall, as far as

possible, avoid sending prisoners of different categories in the same

batch. However, if, circumstances make this unavoidable, they shall give

clear instructions to the officer in charge of the escort to prohibit

communication amongst such prisoners.

487. Precautionary measures.— (1) Full details of the following

types of prisoners shall always be supplied to the escorting party before

they are handed over to the Police by the Superintendent of the

transferring prison, namely:-

(a) Prisoners with sentence of five years and above;

(b) Prisoners whose conduct in prison is bad or who have

been found to be dangerous;

(d) Prisoners sentenced under section 224 of the Indian Penal

Code, 1860 and those who are known to have escaped

or have attempted to escape in the past.

(e) Any other important information.

(2) The District Collector, Superintendent of Police and the

Superintendent of Jail shall be informed in advance when prisoners likely

to attract public attention and cause a stir, are being transferred.

488. Provision of female warders.— When a female prisoner is

transferred, a female Warder/Woman Police Constable shall accompany

her. But, her presence does not relieve the responsibility of the Police

for the safe custody of the prisoner in transit.

489. Application for escort.— When prisoners are to be

transferred, the Superintendent shall apply to the Superintendent of

Police of the District where the Central Prison is located, sufficiently in

advance for the requisite guard, intimating the number of prisoners and

the date and hour of their intended dispatch and the station they are

being transferred to.

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[PART–II

490. Intimation of prisoners transferred to be given.— The

Superintendent shall furnish to the officer in charge of escort, a

memorandum showing the number of prisoners being dispatched, their

state of health, the route they are to take, and the date of dispatch. He

shall also send all these details to the Superintendent of the receiving

prison, along with the probable date of their arrival well in advance, and

if necessary, by telegram.

491. Procedure prior to transfer.— The Superintendent shall,

before transferring a prisoner, verify all the entries regarding him/her

and certify on the back of the warrant, the number and date of the order

directing the transfer and the date of transfer.

492. Disposal of prisoners property.— On the transfer of a

prisoner, the Jailor/Deputy Superintendent of the dispatching prison

shall get a list of the prisoner's property prepared in triplicate, as entered

in the Convict Register, and obtain the signature of the officer in charge

of the escort for the property on the counterfoil as a token of receipt.

The duplicate and triplicate forms, the former signed by the Jailor of

the dispatching prison, together with the property, shall be given to the

officer in charge of the escort to be handed over to the receiving prison,

where the duplicate list shall be retained and filed. The triplicate shall

be signed by the Jailor of the receiving prison and handed over to the

officer in charge of the escort.

If, it is found that there is any discrepancy in the cash, jewellery

or property, immediate notice of the same shall be given to the

Superintendent of the dispatching prison who shall begin an enquiry

into the matter.

493. Documents to accompany prisoners.— (1) The following

documents relating to each transferred prisoner shall be given to the

officer in charge of the escort to be delivered to the Superintendent of

the receiving prison, namely:-

(i) His/Her original warrant or warrants duly endorsed;

(ii) A copy of the committing Court’s judgment, if available,

the order of any Appellate Court and of the Government

on any petition made by the prisoner;

(iii) A nominal roll;

(iv) His/Her history ticket;

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(v) His/Her remission sheet, if any;

(vi) His/Her medical case sheet;

(vii) Duplicate and triplicate lists of all private property

belonging to the prisoner;

(viii) A list of clothing, bedding and other Government

property sent with the prisoner.

(2) The total amount of remission earned by every transferred

prisoner up to the end of the preceding month shall be endorsed on

his/her History Ticket, remission sheet and on the warrant, and the

entries shall be signed by the Superintendent. The Deputy

Superintendent of the transferring prison shall be responsible that the

above information is duly and correctly supplied and that all documents

to accompany the prisoners are correctly sent.

494. Supply of food and clothing on journey.— (1) Every prisoner,

during transit, shall be allowed to wear his private clothing. Whenever

the private clothing of a prisoner has been destroyed or sold, he/she

shall, on transfer, be provided with clothing as supplied on release.

(2) When the journey to be made is short, sufficient supply of

rations shall be given to the Police Officer in charge for distribution at

a suitable time. In other cases, the warder or Police officer in charge

shall be provided with funds sufficient to purchase the prescribed

dietary.

(3) Subsistence allowance shall be paid to the prisoners at the

rates as fixed by Government from time to time.

495. Prisoners to be searched before dispatch.— Every prisoner

shall be searched in the presence of the Deputy Superintendent and

escort party before dispatch.

496. Duty of the escorting officer.— (1) The officer in charge of

escort shall see that prisoners do not communicate with outsiders and

have no opportunity of obtaining forbidden articles, including cash, from

their friends or relatives while in transit. During the transit period, the

prisoner shall not be allowed to handle any cash, jewellery or other

private property, except his/her private clothing.

(2) If, any breach or neglect of duty on the part of the officer in

charge of escort is noticed, the Superintendent of the receiving prison

shall send a report to the Inspector-General of Prisons.

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[PART–II

497. Not to be admitted to Central Prisons en route.— Prisoners

in transit shall not be admitted into Central Prisons. They may, however,

be admitted to a transit yard if, such a facility is attached to Central

Prisons for the purpose.

498. Search during transit.— Male prisoners shall be searched by

the officer in charge of the escort daily during transit.

499. Custody of females and Young Offenders.— During transit,

female and young offenders shall be separated from adult male prisoners.

500. Transfer by rail or water.— (1) Prisoners shall ordinarily be

transferred by rail where facilities for travel by rail exist. The fares of

prisoners and of the warder, if any in-charge, shall be included in the

railway warrant prepared by the Police Department. The accommodation

to be provided shall be of the lowest class.

(2) When prisoners are to be transferred by rail, timely notice

shall be given to the Police of the intended date and hour of dispatch

with a view to make suitable arrangements with the railway authorities

for their safe custody in transit, and for the provision of necessary

accommodation.

501. Transfer by road.— The Police escort party, which is

transporting prisoners by road, shall provide necessary conveyance even

for a shorter distance. Taking into consideration the safety and security

of the prisoners, the Police shall chalk out the routes and places of halt,

in advance. Any accident on transit should be promptly intimated to

the Superintendent of the Prison from where the prisoner has been

moved

502. Procedure if prisoner falls sick.— If, during such transfer

by road, a prisoner becomes so ill as to be unable to continue his/her

journey, he/she shall be taken to the nearest hospital or to any place

where there is a public dispensary, for treatment by a Medical Officer.

A report of the circumstances shall immediately be made to the

Superintendent of the dispatching prison and of the prison to which

the prisoner was being moved.

503. Procedure in case of death of a prisoner in transit.— When

a prisoner dies in transit, the officer in charge of the escort shall at once

report the circumstances to the nearest Police Station, which in turn will

inform the Executive Magistrate. The Executive Magistrate shall enquire

into the case and submit his/her report directly to the Inspector-General

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and shall arrange for the disposal of the dead body. The officer in charge

of the escort shall also intimate the death of a prisoner to the

Superintendent of the prison to which the prisoner was being transferred,

and the Superintendent of the transferring prison immediately. The latter

shall inform the deceased prisoner's relatives, the Government, and the

National Human Rights Commission, of the death of the prisoner.

504. Procedure if prisoner escapes.— If, during transit, a prisoner

escapes, intimation shall at once be given by the officer in charge of

the escort to the nearest Police Station to enable them to take steps for

recapture of the prisoner. The Superintendent of the prison to which

the convict was being taken and of the transferring prison, shall also

be informed of the escape; and the latter shall take the prescribed

measures for the prisoner’s re-apprehension. On recapture, such a

prisoner shall be sent to the prison from where he was originally being

transferred.

505. Admission of transferred prisoners.— On arrival at the

receiving prison, the usual procedure for the admission of prisoners shall

be followed. The Superintendent shall satisfy himself that the correct

number of prisoners has been received and that they have been properly

fed and cared for during transit.

506. Verification of lists accompanying prisoners.— When the

authorized Prison Officer of the receiving prison has satisfied himself

that the prisoner’s documents and property have been correctly received,

he shall countersign the memorandum and the triplicate copy of the list

of property and shall return them, together with any clothing and item

issued at Government cost, to the transferring prison.

507. Facilities in the matter of letter writing.— Special facilities

for writing letters to family, before and after transfer, may be extended

to prisoners at the discretion of the Superintendent of Jail.

508. Remission or suspension of sentence to the convicts

transferred to prisons outside State.— (1) When persons are convicted

by any Court, they are under the responsibility of the Government of

the State in whose jurisdiction they are convicted and sentenced.

Transfer of prisoners from the State of conviction to their home State

does not deprive the State of conviction of ultimate authority of custody

or remission of sentence vested in them with regard to the prisoners.

The prisoners are to be regarded as undergoing sentences during

absence from the prison in the State of conviction.

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[PART–II

(2) Ordinary remission which is prescribed for the purpose of

controlling the work and conduct of a prisoner shall be granted by the

Superintendent of the prison in which he is confined, in accordance with

the scale laid down in the prison manual of the State. But, any special

remission for which a scale is not provided for in the prison manual of

the State, Government remission or other remission under section 432

of the Code of Criminal Procedure, 1973 shall be as sanctioned by the

appropriate Government. The appropriate Government for ordering

remission or suspension of sentence under section 432 of the Code of

Criminal Procedure, 1973 is the Government of the State where the

prisoner was convicted. In the case of conviction for offence relating

to a matter to which the executive power of the Union extends, the

“appropriate Government” is the Central Government.

(3) When it is considered desirable to release a transferred

prisoner before he completes his term of sentence inclusive of remission

earned and sanctioned under section 432 of the Code of Criminal

Procedure, 1973 is required, his case with the necessary documents shall

be sent to the Inspector-General who shall forward it with his

recommendations along with the recommendations of the Advisory

Board, if any, to the Inspector-General of the State of conviction for

obtaining orders of that Government. In the case of Court-martial,

prisoners or others convicted for offence relating to matters to which

the executive power of the Union extends, the orders of the Central

Government shall be obtained.

CHAPTER–17

REPATRIATION OF PRISONERS

509. (1) A number of Indian prisoners are lodged in various

countries undergoing their sentences while, a number of foreign

prisoners are similarly lodged in Indian prisons (Current number of

foreign prisoners is 2,495 as per NCRB Prison Statistics 2014). These

prisoners are unable to meet with their families due to long distances

and this loss of contact with family members hinders their rehabilitation

and reformation. Such prisoners may be brought back for undergoing

the remaining period of their sentences under the various bilateral and

multilateral agreements entered into by India, through the process of

repatriation under the aegis of Repatriation of Prisoners Act, 2003 and

Repatriation of Prisoners Rules, 2004.

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(2) Presently, India has entered into bilateral agreements with

27 Countries (listed below) and has also acceded to one multilateral

treaty i.e., the Inter-American Convention on Serving Criminal Sentences

Abroad (IAC), which is signed by the Member States of the Organization

of American States (OAS) but, is also open to accession by non-OAS

countries. Currently, India has functional arrangements with 36 Countries

(20 Countries under bilateral agreement and 16 Countries under

Inter-American Convention on Serving Criminal Sentences Abroad) for

transfer of sentenced persons. These Countries are United Kingdom,

Mauritius, France, Bulgaria, Egypt, South Korea, Saudi Arabia,

Bangladesh, Sri Lanka, Cambodia, Israel, UAE, Iran, Italy, Maldives,

Turkey, Thailand, Russian Federation, Kuwait, Hong Kong Special

Administrative Region and Argentina, Belize, Canada, Czech Republic,

Chile, Costa Rica, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua,

Panama, Paraguay, United States, Uruguay, Venezuela.

(3) Out of these, India has operational agreements with the

following 20 countries: United Kingdom, Mauritius, Bulgaria, France,

Egypt, Sri Lanka, Cambodia, South Korea, Saudi Arabia, Iran, Bangladesh,

Israel, UAE, Italy, Turkey, Maldives, Thailand, Russian Federation,

Kuwait and HKSAR. Indian prisoners undergoing a sentence in the

prisons of these Countries may be brought back in terms of these

agreements, and nationals of such Countries can be repatriated to their

native countries in accordance with the agreements.

(4) India has also acceded to multilateral convention of the

Organization of American States (a regional organization having

35 Member States). The Inter-American Convention on Serving Criminal

Sentences Abroad was adopted on 9th June 1993 and came into force

on 12th April, 1996. It is a multilateral treaty, which lies under the

framework of Organization of American States. India is also in the

process of acceding to the Council of Europe Convention on Transfer

of Sentenced Persons. The Council of Europe Convention on Transfer

of Sentenced Persons came into being on 12th April, 1983 and is effective

since 1 July 1985. So far; the total 64 Countries have ratified the

convention. Out of these, 45 Countries are the member States of the

Council of Europe - Albania, Andorra, Armenia, Austria, Azerbaijan,

Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech

Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece,

Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania,

Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands,

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[PART–II

Norway, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia,

Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of

Macedonia, Turkey, Ukraine and United Kingdom. The rest 19 Countries

namely, Australia, Bahamas, Bolivia, Canada, Chile, Costa Rica, Ecuador,

Honduras, Israel, Japan, Korea, Mauritius, Mexico, Panama, Philippines,

Tonga, Trinidad and Tobago and United States of America, Venezuela

are non-member States of the Council of Europe (CoE).

510. (1) The procedure for processing such repatriation requests

is briefly described below and is detailed in guidelines issued by way

of Advisory by Ministry of Home Affairs on 10th August, 2015:

(a) The request for transfer should be made by the prisoner

or anyone acting on his/her behalf voluntarily.

(b) This request should be forwarded by the prison

authorities of the Country where he is lodged to the

prison authorities of the Country where he is to be

repatriated.

convicted by the Court of law for an act which is an

offence in both the countries i.e., the Transferring

Country as well as the Receiving Country.

(d) There should not be any other cases pending in a Court

of law at the time of making such a request and the

prisoner should not be wanted in any other proceedings

by any investigating agency.

(e) At least 6 months period of his sentence should remain

for such request to be considered.

(f) On transfer the prisoner would undergo either the

remaining period of his sentence or his sentence would

be adapted in terms of existing provisions of law in the

Receiving Country without aggravating the period of his

sentence. The period of sentence so adapted should

closely be in line with the sentence awarded to him in

the Court of law in the country where convicted and can

be modified to bring it in line with similar provisions in

the Receiving Country.

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(2) All the Missions of the Country abroad and the prison

administrations in the States/UTs have been apprised about the

guidelines for repatriation of eligible inmates who can be considered for

such repatriations.

CHAPTER–18

EXECUTION OF SENTENCES

511. Method of calculating a sentence.— (1) The duration of

a sentence shall be calculated in calendar years, months, a fortnight,

a week or days. The term ‘year; means, a year according to the British

calendar, a ‘month’ means, thirty days, a ‘fortnight’ means, fourteen days

and a ‘week’ means, seven days.

(2) When a prisoner’s sentence includes a fraction of a month,

the date of release shall be calculated by reducing such fraction to days.

A month, for this purpose, shall consist of thirty days. For example, if,

a prisoner is sentenced to one and half months' imprisonment on 2nd

February, the date of his/her release shall be 16th March.

512. Serving of sentences.— (1) In whatever order the sentences

are served, a prisoner is liable to serve the aggregate of the terms of all

the sentences, provided that under no circumstances shall a prisoner

be detained in prison beyond the period indicated by the terms of the

warrant of commitment.

(2) In case of doubt, as to the order in which the sentences

shall take effect, instructions shall be taken from the Court imposing

the last sentence.

513. Commencement of, and breaks in, imprisonment how

reckoned.— (1) In calculating the date of expiry of a sentence of

imprisonment in a criminal case, the day on which the sentence was

passed and the day of release shall both be included as days of

imprisonment. A prisoner who is punished till the rising of the Court

only, shall be released from the Court itself and not admitted to prison.

In the case of a prisoner who is punished till the rising of the Court and

is awarded another sentence on the same day, the latter sentence shall

start from the date on which the sentence is awarded. If, a prisoner is

sentenced to imprisonment for 24 hours, he must be kept in prison for

the exact number of hours. In such cases, the sentence shall be deemed

to commence from the hour indicated in the warrant. Prisoners sentenced

to one day’s imprisonment shall be admitted in prison and released on

the same day.

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[PART–II

(2) If, the date of release falls due on Sunday or a prison holiday,

prisoners shall be posted for release on the previous working day.

Illustration 1: A prisoner sentenced on 1st January to one

month's imprisonment shall be released on 31st January and not on 1st

February.

Illustration 2: A prisoner sentenced on 28th February to one

month's imprisonment shall be released on 27th March.

Illustration 3: A prisoner sentenced on 1st January to one day’s

imprisonment shall be released on the same day. But, if, he is sentenced

to imprisonment for 24 hours, he shall be kept in confinement for that

period and not released before the hours are up on 2nd January.

(3) The period of imprisonment to be undergone shall be

reckoned from the date on which the sentence is passed, except in cases

which fall under sections 31, 426 and 427 of the Code of Criminal

Procedure, 1973 where the directions of the Court shall be followed.

Explanation (For Fine sentence):- In the case of a prisoner

sentenced to imprisonment in default of fine, the period of imprisonment

shall be reckoned from the day on which he was re-arrested for failing

to pay the fine imposed.

(4) If, the month in which the sentence of a prisoner expires

has no date corresponding to the date of sentence, the last day of the

said month shall be taken as the day of expiry of sentence. The same

principle shall apply when the sentence is reduced due to reduction in

sentence or payment of fine or grant of remission.

514. Date of release when two or more sentences run

consecutively.— When a prisoner is sentenced to two or more periods

of imprisonment to be served consecutively, the date of release shall be

calculated as though the sum of the terms was awarded in one sentence.

Illustration 1: A prisoner sentenced on 21st November, 2000 to

two substantive terms of imprisonment of one year each shall be released

on 20th and not on 19th November, 2002.

Illustration 2: A prisoner is sentenced on 1st January to two

months imprisonment and a fine of ` 200 or, in default, to one month’s

imprisonment. If, the fine is not paid, he shall be released on 31st March,

but, if, the fine is paid, then on the last day of February.

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515. Date of release in the case of prisoners sentenced to

imprisonment for life.— (1) The imprisonment for life technically means

imprisonment for the whole life. The sentence of all prisoners sentenced

to imprisonment for life or to more than twenty years imprisonment in

the aggregate, shall, for administrative purposes of calculation of the

normal date of release, be deemed to be sentences of imprisonment for

twenty years under section 57 of IPC 1860.

(2) If, a sentence of death is commuted to one of imprisonment

for life or imprisonment for a term, the sentence of imprisonment for life

or imprisonment for a term shall be deemed to commence from the date

on which the sentence of death was passed.

516. Procedure when sentence is suspended.— When an Appellate

Court directs that the execution of a sentence or order appealed against,

be suspended, the appellant shall, if, detained in prison pending further

orders of such Courts, be treated in all respects as an undertrial prisoner.

Should the appellant be ultimately sentenced to imprisonment or

imprisonment for life, the period during which the original sentence was

suspended shall-

(a) if, passed while the prisoner in prison, be included, and

(b) if, passed when the prisoner was at large be excluded, in

computing the term for which he is sentenced by the Appellate Court.

517. When retrial is ordered.— When a Court passes a sentence

after a retrial or after original sentence is reversed and retrial (fresh trial)

is ordered on appeal, the previous sentence or portion thereof, already

undergone by the prisoner before the fresh trial, should also count,

unless otherwise specifically directed, towards the sentence imposed

after the fresh trial, excluding any period during which the prisoner was

at large. If, a convicted prisoner is to be handed over to Police for the

purpose of investigation, Government orders suspending his sentence

are necessary.

518. Procedure when a sentence is modified or reversed on

appeal.— When a sentence on a prisoner is reversed or modified on

appeal by a Court, other than the High Court, a fresh warrant will be

issued by the Appellate Court to the officer in charge of the prison and

such order will also be communicated to the lower Court:

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[PART–II

Provided that when the Appellate Court orders the retrial or

committal for trial, of a prisoner under section 386 of the Code of Criminal

Procedure, 1973 it shall communicate its order to the Court whose

decision has been reversed and that Court shall thereupon make such

orders as are conformable to the judgment of the Appellate Court.

When a case is decided on appeal or revision by the High Court,

the Court or Magistrate to which the High Court certifies its order will

proceed, under the provisions of section 388 or 405 of the Code of

Criminal Procedure, 1973 to issue, when necessary, fresh warrant or order

to the prison officer.

In all cases, in which a sentence or order is modified or reversed,

whether in appeal or revision, a separate warrant shall be issued as

regards each prisoner whose sentence has been so modified or reversed.

519. Unexpired Sentence of an escaped convict.— (1) In the case

of an escaped prisoner, subsequently arrested in connection with

another offence, any period spent on that account in Police custody or

as an undertrial prisoner, shall not be reckoned as imprisonment under

the original sentence.

(2) Necessary entries shall be made in the Register of Prisoners

to be released in place of the original date of release in respect of all

such prisoners.

520. Date of release of prisoners sentenced for escape.— (1) If, a

prisoner receives a sentence for escape from prison, the date of release

shall be re-calculated in accordance with Section 426 of the Code of

Criminal Procedure, 1973 and entered in the Register of Prisoners to be

released in place of the original date of release.

521. Periods that will not count towards sentence.— In the

following cases, the period spent by prisoners outside the prison,

known as at large period, shall not count towards sentence:-

(i) Escape.

(ii) Bail.

(iii) Suspended period of sentence, leave including

emergency leave.

(iv) Unauthorized extension of temporary release.

(v) Suspended period of sentence if, directed by the Court.

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(vi) Suspension of sentence for Police investigation.

(vii) Violation of conditional release.

(viii) Extradition.

(2) A prisoner released on bail in Court on the day he is

sentenced without having been sent to prison, shall not be deemed to

have served any part of his sentence.

(3) Convicted prisoners removed from a prison in one State to

a prison in another State under the provisions of the Transfer of

Prisoners Act, 1950 (Central Act XXIX of 1950) shall be deemed to be

undergoing their original sentence in the prison where they have been

transferred.

When a conditionally released prisoner is readmitted in prison

owing to an infringement of the terms on which he was released, the

unexpired portion of his sentence shall be carried out without waiting

for the receipt of the Government orders, which shall be applied for

through the Inspector-General immediately on admission of such

prisoner. In such cases, the unexpired portion of sentence shall be

deemed to have commenced from the date of the prisoner's readmission

in prison.

In the case of a prisoner released on bail on a day subsequent

to that on which he/she was committed to prison, but, who is again

committed to undergo sentence in the same case, every day of admission

and every day of release shall be counted as days of imprisonment in

respect of such sentence.

In cases, where there are more than one “at large” periods, the

aggregate total of all such periods shall be worked out in terms of days

and added to the substantive sentence. The date on which the sum of

these periods elapses, counting from the date of conviction, shall be

the date of expiry of sentence.

In the case of a convict who has to attend the Court on the

very day of his/her release, for a case for which he is not on bail, he

shall be treated as released in the morning and sent to Court as an under-

trial prisoner. If, the prisoner is sentenced to further imprisonment, on

that very date, the sentence shall be calculated from the following day.

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[PART–II

522. When a foreigner is sentenced to a term of imprisonment.—

If, a foreigner apprehended and detained under section 4 of the

Foreigners Act, 1946 has to undergo a term of imprisonment, the period

of detention under the Foreigners' Act shall be exclusive of and additional

to the period of any sentence of imprisonment which may be imposed

upon him/her.

523. Calculation of date of release on re-arrest and recapture of

a prisoner.— The following method shall be adopted in calculating the

date of release of a prisoner who, after conviction, is released on bail

but, is afterwards recommitted to prison to serve his sentence or who

escapes and is subsequently recaptured:-

(i) Add the number of days for which the prisoner was on bail

or was at large, to the term of the sentence, exclusive of the day of

release and re-arrest or of escape and re-capture. The date on which

the sum of these periods will elapse, counting from the date of

conviction, shall be the date of expiry of sentence.

Example: A prisoner sentenced on 1st January to one month's

imprisonment escapes on 15th January and is re-captured on the 16th.

He shall be entitled on the original warrant to be released on the 31st

January.

(ii) If, a convicted prisoner, who has been released on bail,

commits an offence during his/her bail period and is readmitted to the

prison, the at large period shall be counted up to his date of

re-admission.

524. Imprisonment in default of giving security plus a substantive

sentence.— When a person, in respect of whom an order requiring him

to furnish security is made under section 106 or 117 of the Code of

Criminal Procedure, 1973 is at the time of such order is sentenced to or

is undergoing a sentence of imprisonment, the period for which such

security is required shall commence on the expiry of such sentence. In

other cases, such period shall commence on the date of such order being

passed, unless the Magistrate, for sufficient reasons, fixes a later date.

If, such a person fails to give security on or before the date of expiry of

his substantive sentence, he shall be detained in prison until the expiry

of the period for which security is required to be furnished or until the

requisite security is furnished. It is not necessary in such cases that a

formal warrant shall be issued by the Magistrate for the detention of

such person in the prison after the expiry of the substantive sentence.

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Illustration:- A prisoner, while undergoing three months

imprisonment, is ordered by a Competent Court to execute a bond under

section 106 of the Code of Criminal Procedure, 1973 for keeping peace

for a term of six months and execute a bond on a sum prescribed, with

one surety for a like amount, fails to give security on or before the date

on which the three months substantive imprisonment expires, he/she

shall be detained in prison until he furnishes the required security or

until the term for which such security is to be given is completed, but,

no formal warrant is necessary for such detention.

(2) If, a person while undergoing imprisonment under an order

under section 122 of the Code of Criminal Procedure, 1973 in default of

furnishing security, is convicted of an offence committed prior to the

making of such order, and is sentenced to undergo imprisonment, such

sentence shall commence from the date on which it was passed; and if,

such sentence expires before the period for which the person is

undergoing imprisonment in default of giving security, he/she shall be

detained for the remainder of such period. If, however, a person while

undergoing imprisonment in default of furnishing security is convicted

of an offence committed after issue of the order under section 122 of

the Code of Criminal Procedure, 1973and is sentenced to imprisonment,

such sentence shall commence at the expiration of imprisonment for

failure to furnish security, unless the Court directs that such Sentence

shall run concurrently with the imprisonment for failure to furnish

security.

(3) Sentences awarded under section 52 of the Prisons Act, 1894

shall commence on the expiry of imprisonment in default of furnishing

security or from the date of receipt in the prison of an intimation that

the security has been furnished.

(4) Where a prisoner, who is already undergoing substantive

sentence of imprisonment, has been ordered to undergo a further

sentence in default of furnishing security for keeping peace or good

behavior under Chapter VIII of the Code of Criminal Procedure, 1973,

the order shall be brought to the notice of the Sessions Judge to whom

such Judicial Magistrate is subordinate.

(5) The period mentioned in section 122 (2) of Code of Criminal

Procedure, 1973 shall be counted from the date of the order of the

Sessions Judge or High Court, unless the latter specially directs in the

warrant that it is to be counted from some other date. In such a case,

the direction of the Superior Court shall be complied with.

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[PART–II

(6) Detention for failure to give security is not a substantive

sentence of imprisonment, within the meaning of section 427 of Code of

Criminal Procedure Code, 1973.

525. Procedure when a sentence is confirmed.— (1) When an

appeal is rejected ora sentence is confirmed by an Appellate Court other

than the High Court, intimation to that effect will be sent to the Officer

in charge of the prison by such Appellate Court and such order will also

be communicated to the Lower Court for record.

(2) When the rejection by the High Court of an appeal or

revision application from a prisoner is communicated to the Court by

which such prisoner was convicted, such Court shall at once to cause

the intimation of such decision to be given to the prisoner.

(3) In cases referred by the Court of Sessions for the

confirmation of a sentence of death by the High Court, the High Court

will send a copy of its order to the Court of Sessions which will then

issue warrants to the Officer in charge of the prison.

526. Prisoner shall be informed of the result of his/her appeal or

application.— In all cases, the Superintendent of Jail shall acknowledge

by a letter the receipt of any warrant or order or intimation, and shall

also inform the prisoner of the result of his appeal or application.

527. Calculation of sentence modified on appeal.— When an

Appellate Court simply modifies a sentence passed by a Lower Court

without change of section or when an Appellate Court passes a new

sentence by changing the conviction section or the punishment section

or otherwise, the sentence finally passed shall count, unless otherwise

specially directed, from the first day of imprisonment under the original

sentence.

528. Effect of annulling the first of two sentences.— (1) When

a prisoner has been committed to prison at one trial under two separate

warrants, and the sentence in one warrant is to take effect from the expiry

of the sentence in the other warrant, the date of the second sentence

shall, in the event of the first sentence being set aside in appeal, be

presumed to take effect from the date on which he was committed to

prison under the first or original sentence.

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(2) When separate sentences have been passed in separate trial

and the sentences run consecutively under section 427 of the Code of

Criminal Procedure, 1973, the operation of the second sentence will, in

the event of the first sentence being set aside on appeal, shall commence

from the date of conviction in the second case.

Illustration 1:- A prisoner is sentenced on1st July to two periods

of six months’ imprisonment for two offences. On appeal, the first

sentence is quashed on 31st August, the prisoner will be entitled to be

released on 31st December.

Illustration 2:- A prisoner is sentenced on 1st July to six months

imprisonment and on 1stAugust to another period of six months

imprisonment. On appeal the first sentence is quashed on 31st August.

The prisoner will be entitled to release on 31st January.

(3) If, however, an appeal is also filed in the second case, it

will be within the powers of the Court hearing the second appeal to direct

that credit shall be given for such period as is covered between the date

of the second conviction and the date on which the first appeal was

accepted.

(4) No credit, however, shall be given in the second case for

any period passed in prison under the first sentence prior to the date of

the conviction in the second case by the court of original jurisdiction.

529. When an Appellate Court annuls a sentence and orders

retrial.— When an Appellate Court annuls a sentence and directs that

the prisoner be retried, and a warrant for the prisoner’s release on bail

is not received, the prisoner shall be remanded to the undertrial yard

(unless he be undergoing some other sentence), and the Superintendent

shall apply to the committing Court for warrant for his custody pending

trial if, such warrant is not at the same time furnished. Such warrant

should set forth the Court by which the prisoner is to be tried and the

date on which he is to be produced before the Court.

530. Reckoning remission earned for the purpose of calculating

the date of release.— (1) In calculating the exact date of release of

a prisoner, the number of days of remission earned shall be converted

into years, months and days at the rate of 30 days to each month and

the remission earned should be deducted from the fixed date of release

as follows:

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[PART–II

(2) Years shall be subtracted first and then months and days; when

a prisoner has earned such remission as entitles him to release, he shall

be released except in case of prisoners in whose case specific

Government Orders are necessary for final release.

PRISONERS SENTENCED TO FINE

531. Calculation of sentence of imprisonment in default of payment

of fine: Sentences awarded in default of payment of fine shall be

calculated as follows:

(i) Sentences imposed in default of payment of fines cannot run

concurrently and also Detention Period is not entailed.

(ii) If, a prisoner sentenced to imprisonment in default of

payment of fine receives another sentence while undergoing such

imprisonment, the second sentence shall begin from the date on which

the first sentence expires or if, the fine is paid, from the date of payment.

Example: A prisoner is sentenced on 31st January to pay a fine

of Rs. 300 or in default to two months’ rigorous imprisonment and on

12th February of the same year, he is sentenced on another account to

an additional imprisonment for four months. The fine is paid in full on

28th February. The sentence of four months of imprisonment shall begin

from 28th February and not from 31st January.

(iii) If, a prisoner sentenced to a term of imprisonment in default

of payment of fine is also, either at the same time or subsequently,

sentenced to another term or terms of imprisonment, the initial sentence

shall be kept in abeyance till the expiration of all the absolute sentences

of imprisonment. It shall be annulled wholly or partially by the payment

of the fine in whole or in part, before the expiry of that period or so

long as imprisonment continues.

Explanation: This rule covers the case of a prisoner whose first

sentence of imprisonment is only in default of payment of fine. The

substantive sentences of imprisonment, subsequently imposed, shall

count from the date of the first sentence and the imprisonment in default

of payment offline shall take effect last, although a portion of it may

have been already served when the substantive sentence were awarded,

unless the imprisonment is of a different denomination to that of the

substantive sentences. In such a case, the imprisonment in default of

payment of fine shall be completed before the substantive sentences

take effect.

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(iv) The imprisonment, which is imposed in default of payment

of a fine, shall terminate whenever that fine is either paid or levied by

the process of law.

(v) If, a prisoner is sentenced to imprisonment, of which the

whole or any portion thereof is in default of the payment of any fine,

and if, the fine or a portion of it is not immediately paid, the dates of

release shall be calculated and entered on the prisoner's warrant and

History Ticket and in the Registers so as to correspond both with

payment and with non-payment of fine.

(vi) If, a prisoner who is sentenced to a fine and in default to

imprisonment, pays a portion of the fine, the date of release shall be

proportionally altered. If, the imprisonment in default of payment of fine

is expressed in calendar months, reduction of imprisonment to be made

in consequence of such payment shall be calculated in calendar months

and not in days. Any fraction of a month obtained by such calculation

shall be reduced to days. When the fraction thus obtained is not exactly

equal to any number of days or is less than a single day, the portion of

a day which results shall be considered and treated as being equal to

a full day.

Example: A prisoner is sentenced on 1st January to a fine of

Rs. 300 or in default to six months’ imprisonment. No part of the fine is

realized except a sum of 75 paise. He shall be released on 29th June,

even though the amount realized is less than the full amount due for

a single day.

(vii) When a prisoner is sentenced to fine and the fine is paid

in installments, the period of sentence to be remitted shall not be

calculated on the individual payments, but, on the aggregate of the

several previous payments.

Example: If, a prisoner is sentenced on 1st January to six

months' imprisonment and to a fine of ` 300 and it is ordered that if, the

fine is not paid he shall be imprisoned for a further period of six months,

then if, the prisoner immediately on conviction pays ` 100, the date of

release shall be first fixed at 31st October (six months plus four months

as equivalent of the fine unpaid) or if, he afterwards pays another ` 100,

the date will be changed to 31st August and on his paying the entire

amount of the fine, to 30th June.

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[PART–II

(viii) If, a prisoner who is sentenced to a fine and in default

imprisonment for a certain number of years, months and days, pays

a part of the fine, the remission for the payment shall be calculated in

year and months and not in days, and any fraction of a month, obtained

by such calculation shall be reduced to days. When the fraction thus

obtained is not exactly equal to any number of days or is less than a

single day, the portion of a day which results shall be considered and

treated as being equal to a full day, in favour of the prisoner.

532. Payment of fines to prison.— If, a fine or its portion, imposed

on a prisoner as a sentence or part of a sentence by a Magistrate, is

tendered at the prison it shall be received by the concerned officers

during office working hours, except on Sundays and holidays, provided

the prisoner is due for immediate release. The Superintendent shall at

once remit the sum received to the Court or Treasury and send intimation

of the payment to the adjudicating Court.

533. Liability of prisoner to payment.— If an offender, who has

undergone the full term of imprisonment to which he was sentenced, in

default of payment of fine, is still liable to have the fine levied by distress

and sale, the Superintendent of Jail shall accept the whole fine, if

tendered, even though, a part of the alternative imprisonment has been

undergone.

534. Intimation of payment of fine.— (1) When fines imposed on

prisoners are recovered by a Court, intimation of the same will be

received by the Superintendent from the Court. If, the convict has been

transferred elsewhere, the Superintendent shall forward such intimation

by registered post to the prison in which the convict is confined. All

fine intimations shall be acknowledged.

(2) No action shall be taken on fine intimations which do not

bear the seal of the Court. Such intimation shall be returned to the Court

for proper authentication and affixing seal of the Court. Telegrams shall

not be accepted as intimations of recovery of fine. When intimation of

payment of fine by a prisoner is received from a Police Officer, it shall

be returned to that Officer with a request that it may be forwarded

through the Court awarding the sentence.

535. Prisoners to be informed.— When the fine has been paid, the

prisoner concerned shall be informed and the payment shall be duly

noted in the register, on the warrant and on the prisoner’s History Ticket.

The entries in the register and the warrants and History Tickets shall

be signed by the Superintendent and the Deputy Superintendent.

A separate Inward Register for the receipt of the fine intimation shall be

maintained.

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PRISONERS SENTENCED TO SIMPLE IMPRISONMENT

536. Application of remission and labour rules.— (1) Prisoners

sentenced to simple imprisonment shall not ordinarily be governed by

the rules regarding remission system and convict labour.

(2) Such of those prisoners of this class who elect to do work

and who are provided with work and who complete such work to the

satisfaction of the Superintendent may be allowed earn remission as

admissible under the rules contained in Chapter-28 which is liable for

forfeiture for any prison offence committed by them: Provided that

prisoners who, having elected to do work desire to discontinue to do

the work, shall do so after giving notice in advance to this effect to the

Superintendent.

(3) The Simple imprisonment prisoners no penalty shall be

imposed, who has elected to work, for neglect of work or short work or

refusal to work other than removal from the work system.

537. Disciplinary restrictions.— (1) Prisoners sentenced to simple

imprisonment shall clean their own wards and wash their own clothes

and shall keep their clothing and bedding neatly arranged and folded.

They may be compelled to cook their own food or the food of other

prisoners sentenced to simple imprisonment, provided they belong to

class as accustomed in their own houses to perform such duties.

(2) They shall not be compelled to perform menial duties for

others, nor shall they be compelled to perform any duties of a degrading

character.

(3) They shall remain during the day in the part of the prison

assigned to them and shall not wander about the prison, nor enter the

labour yards or worksheds.

538. Exercise.— Prisoners sentenced to simple imprisonment who

are not doing any work may be allowed to take walking exercise or any

other physical exercise within the prison for not more than an hour in

the morning and an hour in the evening if, the Medical Officer considers

it advisable.

539. Hair-cutting and clothing.— Prisoners sentenced to simple

imprisonment shall be permitted to retain their hair as worn on admission

and it shall not be cut closer than is necessary for the purposes of

health and cleanliness. They shall be allowed to wear their own clothing,

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[PART–II

which, if insufficient, may be supplemented by prison clothing; Provided

that military prisoners who are sentenced to simple imprisonment shall

not be allowed to wear military uniform while in prison.

540. Ban on wearing symbols of political party.— Prisoners

sentenced to simple imprisonment under no circumstances shall be

allowed to wear or display in any manner a symbol or thing of a political

party on their body, clothing, bedding or otherwise.

541. Application of other rules.— In all other respects, the rules

herein contained shall apply to the prisoners sentenced to simple

imprisonment, but, they shall, as far as possible, be kept separate from

other convicted prisoners.

JUDICIAL SOLITARY CONFINEMENT

542. Method of executing sentence.— A prisoner sentenced to

solitary confinement shall be placed in a separate cell, as far as possible,

out of sight and hearing of what is going on outside and he shall be so

confined for the periods laid down in section 74 of the Indian Penal

Code, 1860 and such periods shall not be broken except upon the

recommendation of the Medical Officer.

543. Calculation of term.— (1) A sentence of imprisonment for

a year and a day, of which three months shall be undergone in solitary

confinement, though legal under section 73 of the Indian Penal Code,

1860 cannot be executed under section 74 of the said Code because not

more than eighty-four days of solitary confinement can be inflicted in

any one year, and the Superintendent shall inform the Court accordingly.

A similar discrepancy occurs if, a prisoner is sentenced to four months'

imprisonment of which one is to be solitary or to seven months

imprisonment of which two are to be solitary.

(2) The execution of a sentence of solitary confinement need

be postponed on account of an appeal having been lodged.

544. When two sentences are imposed.— When a prisoner is

sentenced to imprisonment under two separate warrants, of which the

second alone awards any period of solitary confinement, the solitary

confinement shall not be executed during the duration of the first-term

of imprisonment. Similarly, if, the term of solitary confinement under one

warrant is too long to be executed completely during the term of

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imprisonment awarded under that warrant, the balance shall not be

carried out during any subsequent term of imprisonment undergone

under a second warrant.

545. Restriction in similar prison punishment.— A period of

separate confinement awarded as a prison punishment under the Prisons

Act, 1894 shall not be carried out in continuation of a period of solitary

confinement forming part of a judicial sentence.

546. Medical examination.— (1) No prisoner shall be placed in

solitary confinement as a judicial punishment until the Medical Officer

has certified that he is in a fit state of health to undergo the said

punishment.

(2) If, a prisoner sentenced to solitary confinement be declared

by the Medical Officer to be permanently unfit to undergo such

confinement, the fact shall be reported to the Court which awarded the

sentence. The declaration should be recorded in the history ticket and

the warrant.

547. Search of prisoner and cell.— Every prisoner before being

placed in solitary confinement shall be thoroughly searched and any

article which it is considered dangerous or inexpedient for him to retain

shall be removed. Both the cell and the person of the prisoner shall be

carefully searched daily so long as the solitary confinement continues.

548. Ticket outside cell–door.— Outside the cell-door of every

prisoner undergoing solitary confinement, a ticket showing the

particulars mentioned shall be suspended.

549. Exercise.— Prisoners undergoing solitary confinement as per

Court orders shall be permitted to take such exercise in the open air

inside the prison as the Medical Officer shall consider to be necessary

for their health.

550. Airing of bedding.— The bedding of prisoners in solitary

confinement shall be taken cut of the cells during the day and exposed

to the sun and air for as long a period as the weather permits.

551. Occupant to clean Cell.— Prisoners in a solitary confinement

shall keep their respective cells scrupulously clean.

552. Guarding.— A warder shall be on duty continuously

throughout day and night to guard the cell where any prisoner is

undergoing solitary confinement and every such prisoner shall be

inspected whenever the officer on guard is changed.

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[PART–II

553. Removal in case of sickness.— In the case of sickness,

immediate notice shall be given to the Medical Officer on duty who shall

visit the cell without delay and examine the prisoner. If necessary, the

Deputy Superintendent may cause such prisoner in solitary confinement

to be removed to the hospital, reporting his action to the Superintendent

in his report book for the day.

554. Record of confinement.— On each occasion a prisoner

undergoes solitary confinement as a judicial punishment, the Deputy

Superintendent shall note on the reverse of the prisoner’s warrant and

also on his history ticket, the date on which the prisoner was placed in

the cell, the date on which he was removed and the number of days he

spent in such confinement. The entries thus made by the Deputy

Superintendent in the warrant and the history ticket shall bear his initials

with date and they shall also be duly attested by the Superintendent,

with initial and date.

CHAPTER–19

PRISONERS SENTENCED TO DEATH

555. Search of prisoners sentenced to death on admission.—

(1) On admission of a convict in a prison, the Superintendent shall report

the admission to the Government, the Superintendent shall also report

to the Government, the date fixed for his execution by the Court of

Session on confirmation of the sentence of death by the High Court,

and solicit orders of the Government regarding stay of his execution.

(2) On admission a convict shall be thoroughly searched by the

Jailor or by order of the Jailor as provided in Section 30 of the Prisons

Act whereas. a female convict shall be searched by a female Deputy

Superintendent of Jail or under her orders, by a Matron and in the

absence of a female Deputy Superintendent of Jail or Matron, such

search may be made by any other suitable female or by a Female Guard

an convict officer as ordered by the Female Deputy Superintendent of

Jail, Subject to the provisions of Section 30, all private property shall

be removed from the convict.

556. Issue of Articles on Admission.— The Senior Jailor shall ensure

that the following articles are issued to a convict; on his admission to

a prison:-

(a) a pant without cord;

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(b) two all wool blankets or two cotton wool blankets, one

for spreading and another for coverage;

(d) A thin Kasti may be issued to a Parsee convict.

Two cotton sarees/salwarkameez and bodices may be issued to

female convicts. However, if, it is considered unsafe to issue sarees to

any such convicts; pyjamas without cord and a kurta may be issued to

her.

557. Confinement in cell in special yard.— (i) Every convict shall

(whether or not the sentence of death has been confirmed by the High

Court), from the date of his admission to a prison, be confined in a cell

in a special yard, apart from all other prisoners as required by section

30 of the Prisons Act. The cell or room in which a convict is confined

shall before he is placed in it, be always examined by the Senior Jailor

who shall satisfy himself about its fitness and safety. No prisoners

except convicts under sentence of death shall be kept in the special yard.

(ii) Where, there is more than one such cell in the special yard,

the prisoner sentenced to death shall be changed daily from one cell to

another.

558. Cell to be examined.— (1) Every cell in which a convict under

sentence of death is to be confined, shall, before such convict is lodged

in it, be examined by the Deputy Superintendent or by an officer

appointed in that behalf, who shall satisfy himself that it is secure and

contains no article of any kind which the prisoner could, by any

possibility, use as a weapon of offence or as an instrument with which

to commit suicide or which is, in the opinion of that officer, it is

inexpedient to be permitted to remain in such cell.

(2) When two or more cells are occupied, the Sentry shall walk

up and down past them, so that each prisoner guarded by him comes

into his view at short intervals.

(3) The Sentry guarding these cells shall be relieved every two

hours.

559. Guarding.— (1) Every prisoner sentenced to death shall be

under observation of the guarding staff on a twenty-four hour basis,

Convict officers shall not be employed on this duty.

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[PART–II

(2) A guard shall in no case be given more than two hours duty

at a stretch and every guard shall be equipped with a regulation baton

and shall be so posted that the convict shall be under continuous watch

and should not be armed with a firearm, bayonet or any sharp weapon.

(3) The Sentry shall be posted in front of the grated door of

the cell, the key of the cell lock shall be kept with the Sentry/prison

guard on duty so as to be immediately available in case of emergency.

The lock must be such which cannot be opened by any other key in

use in the prison. The Sentry/Woman prison guard shall be so posted

that the prisoner sentenced to death is under continuous watch.

A prisoner sentenced to death shall not be taken out of his cell unless

the requisite numbers of guards are present. If, the guard on duty notices

a prisoner attempting to commit suicide he shall raise alarm for help and

enter the cell. The special guard in whose charge prisoners sentenced

to death is put shall allow no one to approach the cell or communicate

with the prisoners in any manner except the Superintendent of Jail and

any other officer authorized by the Superintendent in that behalf.

(4) A prisoner under sentence of death shall not be handcuffed

or placed in any form of restraint unless he is so violent as to be

dangerous to the guard or to himself. If it is deemed necessary to put

on handcuffs, the reason for such action shall be reported to The

Inspector-General and the Regional D.I.G.

560. Restriction on removal to prison hospital.— (1) Prisoners

sentenced to death shall not be removed to the prison hospital for

treatment without the special sanction of the Inspector-General.

(2) The Superintendent may, however order the removal of

a prisoner to the prison hospital, in anticipation of sanction; if, the

Medical Officer of the prison certifies that the prisoner is in danger of

dying and requires treatment in the prison hospital.

(3) If, a prisoner, who is sentenced to death, is removed to a

prison hospital, he shall be segregated from all other prisoners in the

hospital and a special guard should be posted according to requirements.

561. Search.— Prisoner under sentence of death shall be

thoroughly searched:-

(i) Every time he is taken out of or is put inside his cell;

(ii) Every time the contingent of guards on the duty is

changed in the presence of the guard commander; and

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562. Special Treatment.— (1) A prisoner sentenced to death shall

not be put in fetters or handcuffed unless he is so violent as to be

dangerous to the guard or to himself. If, it is deemed necessary to put

on fetters or handcuffs, the reasons for such action shall be reported to

the Inspector-General.

(2) The Superintendent is authorized to issue suitable diet to

prisoners sentenced to death after consultation with the Medical Officer.

(3) A prisoner may, on the recommendation of the Medical

Officer, be allowed exercise in open air and within the prison walls,

morning and evening, under the care of the guard.

(4) If, the Superintendent considers it expedient so to do, the

convict may be handcuffed, when he is taking exercise.

563. Diet.— The Superintendent is authorized to issue suitable diet

to prisoners sentenced to death after consultation with the Medical

Officer.

564. Exercise.— Prisoners sentenced to death should be allowed

facilities of exercising in the open air in the Court, one hour in the

morning and one hour in the evening under proper security

arrangements. The guard should be present when the prisoner is taking

exercise. The period of exercise should be regulated in accordance with

the opinion of the Medical Officer.

565. Interviews.— The Superintendent may permit prisoners under

sentence of death to have interviews with their relatives, friends or legal

advisors, once a week or more often when the Superintendent is of the

opinion that such interviews may be granted for good reason.

The Jailor shall before granting interviews, ensure that all

precautionary and security measures are taken before hand.

The prisoner shall be brought from the cell to the interview room

under proper escort at the time of interview and the interviewers and

the prisoner shall be separated by expanded metal barriers.

A religious priest or a faith-based head (of the religion/faith to

which a prisoner belongs) may be summoned once a week at the cost of

Government, if, the prisoner so desires.

The Superintendent may permit a Minister to be summoned more

often for adequate reasons to be recorded in the History Ticket of the

convict.

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[PART–II

566. Facilities.— Facilities: A prisoner sentenced to death may be

allowed the following facilities with the approval of the Superintendent

of Jail:-

(i) Religious books;

(ii) Religious pictures;

(iii) Rosary and essential religious emblems subject to

security requirements;

(iv) Newspapers and books;

The Superintendent is authorized to incur expenditure up to an

amount to be fixed by Government in a deserving case for the purpose

of giving reasonable solace to the prisoner, for instance securing the

presence of his near relatives before his execution.

The Inspector-General may allow further expenditure on a

prisoner sentenced to death in urgent, compassionate and deserving

cases.

567. Observation.— (i) The prison officer in-charge should

carefully observe the behaviour of prisoners’ sentences to death with

special focus on his mental status.

(ii) The notes of psychological observation kept by the Jailor

should be checked daily by the Superintendent who should ensure that

the data required for the compilation of the notes is collected by the

Jailor in an intelligent manner and that the same have a factual base.

Two copies of the case history of the prisoner and the notes shall be

sent by the Superintendent to The Inspector-General immediately after

the final disposal of the case.

(iii) A copy of the case history and psychological notes shall

be sent by The Inspector-General to the Government immediately on

receipt together with his own remarks thereon if any. Such record may

prove useful for psychological study and research purposes.

568. Insanity.— (1) If, any prisoner awaiting sentence of death

shows signs of mental illness which, in the opinion of the Medical

Officer, are not feigned or which require observation to determine

whether they are feigned or not, the circumstance shall at once be

reported to Government, through the Inspector-General of Prisons under

intimation to the Regional Chief Superintendent for orders along with

the following documents:-

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(i) The Nominal Roll of the prisoner;

(ii) A copy of the warrant under which he is confined (in

duplicate);

(iii) The Medical Officer’s certificate in the prescribed form;

and

(iv) The medical history sheet (in duplicate).

Note: A copy of the judgment should also be sent as soon as

possible.

(2) If, Government orders, the appointment of a Special Medical

Board, for the purpose of examining the mental condition of a convict

sentenced to death, he shall be kept under observation in the prison by

the psychiatrist in charge of the nearest psychiatric or similar institution

or the Civil Surgeon for a period of ten days or longer if, considered

necessary prior to an examination by the Medical Board.

(3) The Superintendent and the Medical Officer of the prison,

in which the convict may be confined, shall give all facilities to the

Psychiatrist or the Civil Surgeon for a physical examination of the

convict including serological tests and for observation of the convict

without his knowledge.

(4) As soon as possible, after the Medical Board is appointed

and the convict is placed under observation, the Superintendent of the

prison shall collect information about the convict through the Police or

other sources and place it at the disposal of the Psychiatrist or Civil

Surgeon.

(5) Where Government orders, the appointment of Special

Medical Board for examining the mental condition of a convict under

sentence of death under any relevant State rules, the Superintendent

shall obtain the history of such convict from institutions or individuals

with whom he has had contacts. The Psychiatrist under whose

observation the convict is kept pending examination by the Special

Medical Board, shall furnish the Superintendent with a questionnaire

for collecting the information. Factual material concerning the mental

condition of the convict shall be obtained either from records or from

eye-witnesses including the officer who arrested him. For the purpose

of an estimation of the convicts state of mind just prior to, at the time

of and soon after the commission of the offence, reports shall be

obtained from eye-witnesses including relatives of the convict.

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[PART–II

Note:- Evidence regarding the behaviour of the prisoner at the

time of the trial and especially during examination in Court

will be available from the proceedings of the Court

including the evidence and the summing up and

judgment. Reports on the convict shall be obtained from

individuals who have been in contact with him during his

remand and subsequent detention in the prison. While

collecting this information, utmost care shall be taken to

see that the object within which it is collected is not

divulged. It should also be remembered that the relatives

of the convict are likely to be specially interested and

the information supplied by them shall be used with the

greatest care.

(6) As soon as the Medical Specialist or Civil Surgeon is ready

with his report, he shall request the Director of Health Services to fix

a date for the meeting of the Special Medical Board.

(7) The Medical Specialist or Civil Surgeon shall place all the

records before the Medical Board. The President of the Board shall

forward the proceedings of the Medical Board together with their own

opinion to the Secretary, Home Department, through the Inspector-General

of Prisons and the Director of Health Services.

569. Appeal facilities.— (1) Immediately on receipt of a warrant

of execution from the convicting Court, consequent of the confirmation

by the High Court of the sentence of death, the Superintendent shall

inform the convict that if, he wishes to appeal to the Supreme Court or

to make an application for Emergency leave to appeal to the Supreme

Court under any of the relevant provisions of the Constitution of India

(hereinafter referred to as “appeal and application” respectively), he may

do so within the period prescribed by the Supreme Court Rules.

(2) If, the prisoner under sentence of death so desires, the

Deputy Superintendent or the Law Officer as the case may be, shall at

once get his appeal prepared for him as far as possible in his own words

and it shall be forwarded either under registered cover or hand delivered

by a prison official to the Registrar of the appropriate Court under

intimation to the Government and the IG/CSJ.

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(3) Whenever a sentence of death has been passed by any

Court or Tribunal, the sentence shall not be executed until after the

dismissal of the appeal or of the application or, in case no such appeal

has been preferred or no such application has been made, until after

the expiry of the period allowed for an appeal or for making of such

application:

Provided that if, a petition for mercy has been submitted by or

on behalf of a convict, the execution of the sentence shall further be

postponed, pending the orders of the President thereon:

Provided further that if, the sentence of death has been passed

on more than one person in the same case, and if, an appeal or an

application is made by or on behalf of only one or more but, not all of

them, the execution of the sentence shall be postponed in the case of

all such persons (convicts) and not only in the case of the person or

persons by whom or on whose behalf, the appeal or the application is

made.

570. Petition for mercy-Role of prison authority.— (1) Immediately

on receipt of intimation of the confirmation by the High Court of a sentence

of death on a prisoner or of the dismissal by the Supreme Court of the

appeal or the application for Special Leave to appeal to it lodged by or

on behalf or on the convict, in case the convict concerned has made no

previous petition for mercy, the Jail Superintendent shall forthwith inform

him (the convict) that if, he desire to submit a petition for mercy it should

be submitted in writing within seven days of the date of such intimation.

(2) A convict under sentence of death shall be allowed, if, he

has not already submitted a petition for mercy, for the preparation and

submission of a petition for mercy, seven days after, and exclusive of,

the date on which the Superintendent of Jail informs him of the dismissal

by the Supreme Court of his appeal or of his application for special leave

to appeal to the Supreme Court.

Note:-

In cases, where, no appeal to the Supreme Court or no

application for Special Leave to it, has been lodged by

or on behalf of the convict, the said period of seven days

shall be counted from the date next after the date on

which the time allowed for an appeal to the Supreme

Court or for lodging an application for Special Leave to

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[PART–II

appeal to it, expires. On expiry of such time, if, the convict

has made no previous petition for mercy, it shall be the

duty of the Jail Superintendent to inform the convict

concerned that if, he desires to submit a petition for

mercy he should do so in writing within seven days of

the date of such intimation.

(3) If, the convict submits a petition within the period of seven

days, it should be addressed to the Administrator and the President of

India. The Superintendent of the Jail shall forthwith dispatch it to the

Secretary to Administrator concerned, together with a covering letter

reporting the date fixed for the execution and shall certify that the

execution has be stayed pending receipt of the orders of the Government

on the petition. If, no reply is received within 15 days from the date of

the dispatch of the petition, the Superintendent shall by express letter

(Fax/e-mail/Special messenger) to the Secretary to the Administrator,

drawing attention to the fact, but, he shall in no case carry out the

execution before the receipt of the Government's reply.

(4) If, the convict submits a petition after the period, the

Superintendent of the Jail shall at once forward it to the Government by

Fax letter and at the same time the substance of it, requesting orders

whether the execution should be postponed and stating that, pending

a reply, the sentence will not be carried out. If, such petition is received

by the Superintendent later than noon on the day preceding that fixed

for the execution, he shall at once forward it to the Government and at

the same time by Fax/e-mail/Special messenger letter inform the

substance of it, giving the date of execution and stating that the

sentence will be carried out unless orders to the contrary are received.

(5) In the event of it coming to the knowledge of the

Superintendent at any time before the execution of the sentence that

altogether exceptional circumstances have arisen which plainly demand

a reconsideration of the sentence, he is at liberty, notwithstanding

anything in the foregoing clauses, to report the circumstances by Fax

letter to the Government and ask for its orders and to defer execution

till they are received. In such instances, assistance of the Union territory

of Puducherry Legal Services Authority (UTPLSA) should be sought.

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(6) The Superintendent shall at once repeat back to the

Secretary to the Administrator all correspondence communicating orders

to him regarding petitions for mercy, by way of acknowledgment of their

receipt.

(7) Legal aid should be provided to the convict at all stages

even after the rejection of a mercy petition. Hence, Superintendent of

Jails are directed to intimate the rejection of mercy petitions to the

nearest Legal Aid Centre apart from intimating the convicts.

(8) Death convicts are entitled as a rights to receive a copy of

the rejection of the mercy petition by the President.

(9) Mental Health Evaluation: As it is quite possible that some

death row convicts might lose their mental balance, there should be

regular mental health evaluation and appropriate medical care should

be given to those in need.

(10) Physical and Mental Health Reports: After the execution

warrant is issued, the Prison Superintendent should satisfy himself on

the basis of medical reports by Government Doctors and Psychiatrists

that the prisoner is in a fit physical and mental condition to be executed.

If, the Superintendent is of the opinion that the prisoner is not fit, he

should forthwith stop the execution, and produce the prisoner before a

Medical Board for a comprehensive evaluation and shall forward the

report of the same to the Government for further action.

(11) Furnishing documents to the convict: Death row convicts

should be provided with copies of relevant documents within a week of

conviction by the prison authorities to assist in making mercy petition

and petitioning the Courts.

(12) Final Meeting between convict and his family: It would be

mandatory for prison authorities to facilitate and allow a final meeting

between the prisoner and his family and friends prior to the execution.

(13) Post-mortem reports. After the execution of death penalty,

post-mortem would need to be mandatory performed to ascertain the

exact cause of death.

571. Petition for mercy-Action by the Government.— (i) If, the

convict submits a petition within the above period, it shall be addressed

to the Administratorand the President of India. The execution of sentence

shall in all cases be postponed pending receipt of their orders.

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[PART–II

(ii) The petition shall in the first instance be sent to the

Administrator for consideration and orders of the Administrator. It shall

be forwarded to the Secretary to the Government of India, Ministry of

Home Affairs.

Note: The Petition made in case, where the sentence of death

is for an offence against any law exclusively relatable to

a matter to which the executive power of the Union

extends, shall not be considered by the Government, but,

shall forthwith be forwarded to the Secretary to the

Government of India, Ministry of Home Affairs.

(iii) If, the convict submits the petition after the period

prescribed by 568 (2) above, it will be within the discretion of the

Government to consider the petition and to postpone execution pending

such consideration till a decision is taken on or not to withhold the

petition by the President.

—

if, the sentence of death was passed by an appellate Court

on an appeal againstthe convict acquittal or as a result of an

enhancement of sentence by the appellate Court, whether on its own

motion or on an application for enhancement of sentence, or

— when there are any circumstances about the case, which, in

the opinion of the Government, render it desirable that the President

should have an opportunity of considering it, as in cases of a political

character and those in which for any special reason considerable public

interest has been aroused. When the petition is forwarded to the

Secretary to the Government of India, Ministry of Home Affairs, the

execution shall simultaneously be postponed pending receipt of orders

of the President thereon.

(iv) In all cases in which a petition for mercy from a convict

under sentence of death is to be forwarded to the Secretary to the

Government of India, Ministry of Home Affairs, or the Government, shall

forward such petition as expeditiously as possible along with the records

of the case and his or its observations in respect of any of the grounds

urged in the petition.

(v) Upon the receipt of the orders of the President, an

acknowledgment shall be sent to the Secretary to the Government of

India, Ministry of Home Affairs, immediately in the manner hereinafter

provided. In the case of, if, the petition is rejected, the orders will be

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communicated by express letter and receipt thereof shall be

acknowledged by express letter. Orders commuting the death sentence

will be communicated by express letter receipt thereof shall be

acknowledged by express letter.

(vi) A petition submitted by a convict shall be withheld by the

Government, if, a petition containing a similar prayer has already been

submitted to the President. When a petition is so withheld the

petitioners shall be informed of the fact and of the reason for

withholding it.

(vii) Petitions for mercy submitted on behalf of a convict under

sentence of death shall be dealt with mutatis mutandis, in the manner

provided herein for dealing with a petition from the convict himself. The

petitioners on behalf of a concerned convict shall be informed of the

orders passed in the case. If, the petition is signed by more than one

person, it shall be sufficient to inform the first signatory, the convict

himself shall also be informed of the submission of any petition on his

behalf and of the orders passed thereon.

(viii) Whenever a sentence of death has been passed by any

Court or Tribunal, the sentence shall not be executed until after the

dismissal of the appeal to the Supreme Court or of the application for

special leave to appeal to the Supreme Court or, in case no such appeal

has been preferred or no such application has been lodged, until after

the expiry of the period allowed for an appeal to the Supreme Court or

for lodging of an application for Special Leave to appeal to the Supreme

Court. Provided that if, a petition for mercy has been submitted by or

on behalf of the convict, execution of the sentence shall further be

postponed pending the orders of the President thereon.

Note: If, the sentence of death has been passed on more than

one person in the same case and if an appeal to a higher

Court or an application for special leave to appeal to the

Supreme Court is lodged by, or on behalf of, only one or

more but, not all of them, the execution of the sentence

shall be postponed in the case of all such persons and

not only in the case of the person or persons by whom,

or on whose behalf, the appeal or the application is

lodged.

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[PART–II

(ix) On receipt of the intimation of the lodging of an appeal to

the Supreme Court or of an application for special leave to appeal to

that Court or of an intention to do so, the Government concerned, shall

forthwith communicate by e-mail to the Government Advocate, Ministry

of Law, and also to the Secretary to the Government of India, Ministry

of Home Affairs:

— the name of the convict under sentence of death, and

— particulars relating to the appeal or the application.

(x) If, it is desired to oppose the appeal or the application, three

copies of the paper book and of the judgment of the High Court or the

Judicial Commissioners Court or the Tribunal, as the case may be, (one

copy of each being a certified copy) a power of attorney in the form

prescribed by the Supreme Court and instructions, if any, for the purpose

of opposing the appeal or the application shall be immediately sent to

the Government Advocate, Ministry of Law. Notice of the intended

appeal or application, if, and when served by or on behalf of the convict,

shall also be transmitted to him without delay. If, the intended appeal

or application is not lodged within the period prescribed by the Supreme

Court Rules, the Government Advocate shall intimate the fact by express

letter to the Government. The execution of the sentence shall not

thereafter be postponed, unless a petition for mercy has been submitted

by or on behalf of the convict.

(xi) If, an appeal or an application for special leave to appeal

has been lodged in the Supreme Court on behalf of the convict, the

Government Advocate, Ministry of Law will intimate the fact to the

Government and also to the Secretary to the Government of India,

Ministry of Home Affairs. The Government Advocate will keep the

aforesaid authorities in formed of all developments in the Supreme Court,

in those cases which present unusual features. In all cases, however,

he will communicate the result of the appeal or application for special

leave to appeal, he will communicate the result of the appeal or

application for special leave to appeal, to the Government, by express

letter, endorsing a copy of his communication to the Secretary to the

Government of India, Ministry of Home Affairs, the Government, as the

case may be, shall forthwith acknowledge the receipt of the

communication received from the Government Court in each case will

be supplied by the Government Advocate, Ministry of Law, in due

course to the Government, who shall acknowledge the receipt thereof.

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The execution of the sentence of death shall not be carried until after

the receipt of the certified copy of the judgment of the Supreme Court

dismissing the appeal or the application for Special Leave to appeal and

until an intimation has been received from the Ministry of Home Affairs

about the rejection by the President of India, of the petition for mercy

submitted, if any, by or on behalf of the convict.

(xii) Minimum period of execution of death sentence. A minimum

period of 14 days was stipulated by the Supreme Court between the

receipt of the communication of the rejection of the mercy petition and

the scheduled date of execution. This is to enable the convict to prepare

himself and settle his affairs and meet his family members for one last

time or to avail any judicial remedy.

572. Stay of execution-petition for mercy.— (1) Execution of a

prisoner sentenced to death should be stayed in the following cases

after the date of execution has been fixed by the Government:-

(i) If, the prisoner desires to send an appeal to a higher

Court, if he/she has not done so previously,

(ii) In the case of a prisoner desiring to send mercy petition,

if, he has not done so previously, and

(iii) In the case of a telephonic order for execution received

from competent authority, if, confirmation thereof has not

been received.

(2) On receipt of an intimation from the Government that the

appeal or application to the Supreme Court, has not been lodged within

the period prescribed by the Supreme Court Rules, the execution of the

sentence shall not thereafter be postponed, unless a petition for mercy

has been submitted by or on behalf of the convict.

(3) Immediately on receipt of intimation of the confirmation by

the High Court of a sentence of death on a prisoner or of the dismissal

by the Supreme Court of the prisoner's appeal or his application for

Emergency leave to appeal, the Superintendent shall personally inform

the prisoner that if, he desires to submit a petition for mercy, it should

be submitted in writing within seven days.

(4) If, the prisoner submit a petition within the period of seven

days, it should be addressed to the Government and to the President of

India and dispatched by registered post with acknowledgment due,

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[PART–II

to the Secretary to Government, Home Department, together with

a covering letter bearing in red ink, the words ‘Death Sentence’, ‘Petition

for Mercy’ and ‘Urgent’ reporting the date fixed for the execution and

certifying that the execution has been stayed pending receipt of the

orders of the Government on the petition. If, no reply is received within

15 days from the date of dispatch of the Petition, the Superintendent

shall send an express letter to the Secretary to Government, Home

Department drawing attention to the fact. He shall in no case carry out

the execution before receipt of a reply from the Government.

(5) If, at any time before the execution of the sentence, it comes

to the knowledge of the Superintendent that exceptional circumstances

have arisen which plainly demand a reconsideration of the sentence, he

should report the circumstances by wireless to the Government and ask

for its orders. In such a case, the Superintendent shall defer execution

of the prisoner till Government orders are received

573. Execution of death sentence.— All executions shall take place

at the prison to which the warrant is directed, unless expressly ordered

otherwise in the warrant and they shall usually be carried out in a special

enclosure attached to or within the walls of the prison, no convict shall

be executed on a day which has been notified as a public holiday.

574. Communications to have special marking.— (1) The words

'Death sentence' should be inserted before the address in communication

relating to capital sentence.

(2) In all cases receipts of orders communicating the rejection

of petitions shall invariably be acknowledged by registered letter. The

orders of the Government postponing the execution shall immediately

be acknowledged by wireless message. Telephonic orders regarding

prisoners shall be got confirmed by telephoning back to the concerned

authority in the Government.

(3) A distinctive red envelope with the words ‘Death Sentence’

and ‘Immediate’ marked on the top left and right hand comers

respectively, shall be used in death sentence cases. All Superintendents

shall make special arrangements to ensure that communication received

in these distinctive envelopes are received in the prison at any time of

the day or night either by the Deputy Superintendent or in his absence

by the senior most officer in-charge of the Prison at the time the

communication is delivered who:-

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(i) shall note the time and date of receipt of the

communication in the receipt register, and

(ii) Shall immediately place, the communication before the

Superintendent or in his absence the officer next below

him, for orders.

(5) The Superintendent shall see that prompt replies and

acknowledgments are furnished where these are required and that in the

case of orders staying execution acknowledgments are promptly sent to

the Government by special messenger or telegram and well in advance

of the time fixed for execution of the sentence.

575. Action on final confirmation of Death Sentence.— The

Government shall fix the date of the execution of a convict, if, his Mercy

Petition is rejected. On receipt from the Government of the final

confirmation and the date of execution of a convict.

(i) the convict and his relatives shall be informed about the date

of execution by the Superintendent;

(ii) the convict, if he so desires, be permitted to prepare his will

in his will, his statement to that effect shall be recorded by the Senior

Deputy Superintendent of Jail.

576. Postponement on medical grounds.— (1) The execution of a

convict shall not be carried out on the date fixed if he is physically unfit

to receive the punishment, but, in determining the degree of physical

disability sufficient to justify postponement of the execution, the illness

shall be both serious and acute (not chronic) before postponement is

considered.

(2) The Superintendent shall at once submit to the Inspector-General

a detailed report of such cases together with the medical opinion

regarding the degree of physical disability of the prisoner and the

probable date, if any, on which the prisoner is likely to become physically

fit for execution.

577. Delay in capital sentence.— Should any extraordinary or

unavoidable delay occur in carrying out a capital sentence into execution

from any cause other than the submission of an appeal or application,

the Superintendent shall immediately report the circumstances to the

Sessions Judge and return the original warrant either for the issue of

a fresh warrant, or for an endorsement upon the same warrant, of an

order containing a definite date for carrying the postponed sentence

into effect.

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[PART–II

578. Pregnancy.— Where a female convict is certified by the

Medical Officer to be pregnant, the Medical Officer shall inform the

Superintendent of the same, and the Superintendent shall make a note

to that effect on the warrant, and return the warrant to the Sessions

Judge for endorsing thereon, an order for the suspension of the

execution of the sentence, until the orders of the High Court have been

taken under section 416 of the Code of Criminal Procedure, 1973.

When a woman prisoner sentenced to death declares herself to

be pregnant, and the Medical Officer is unable to certify the truth or

otherwise of the statement, immediately, he shall state the interval of

time necessary to enable him to satisfy himself on the point. The

Superintendent should immediately report the case to the Government

through the DG/IG for postponing the date of the execution. If, the

Medical Officer confirms the fact of pregnancy, the provisions of

paragraph shall apply.

When execution of a capital sentence on a woman prisoner has

been suspended under either of the situations mentioned above, the

sentence shall not afterwards be executed without the express order of

the Government for which the Superintendent shall apply immediately

through the IG/CSJ.

579. Witnessing the execution of death.— Prisoners shall never

be made to attend an execution, in such cases, it shall rest with the

Superintendent with the prior sanction of the DG/IG to determine what

prisoners shall be selected to witness the execution.

580. Arrangement for execution.— On receipt of the date of

execution of the prisoner, the Superintendent shall be authorized to fix

the time of execution sufficiently in advance. A report intimating the time

of the execution shall be sent to the Inspector-General, the Sessions

Judge and the Government.

Note:- (1) The execution shall take place early in the morning before

it gets bright. The latest time of the day for different

seasons will be in accordance with orders passed

separately by the Government.

(2) The Executive Engineer (PWD) shall arrange the

inspection of the gallows every quarter and before the

date of a hanging as and when intimated by the

Superintendent. The gallows shall be inspected and the

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rope tested in the presence of the Superintendent the

evening before the execution, he being personally

responsible that these arrangements are properly made.

A new rope need not necessarily be used for every

execution, but the Superintendent shall see that the rope

is carefully tested. As a rule, a bag of sand weighing IV

times the weight of the prisoner to be hanged and

dropped between 1.830 and 2.440 metres will afford a safe

test of the rope. Two spare ropes for each prisoner

sentenced to death shall be kept ready in reserve on the

scaffold in the event of accidents.

(3) Wax or butter shall be applied to the loop of the rope.

After testing, the rope and other equipment shall be

securely locked and sealed in steel box and shall be kept

in charge of Deputy Superintendent.

(4) The gallows shall be inspected and the rope tested in the

presence of the Superintendent on the evening before the

execution; he being personally responsible that these

arrangements are properly made. A new rope need not

necessarily be used for every execution, but, the

Superintendent shall see that the rope is carefully tested.

As a rule, a dummy or a bag of sand weighing 172 times

the weight of the prisoner, hung and dropped between 6

and 8 feet or 1.83 and 2.50 mtrs. Will afford a safe test of

the rope. Two spare ropes for each prisoner shall always

be kept ready in reserve on the scaffold to meet any

contingency.

(5) Wax or butter shall be applied to the loop of the rope.

After testing, the ropes and other equipment shall be

securely locked and sealed in steel box and shall be kept

in charge of the Deputy Superintendent.

(6) The Medical Officer shall report in the medical report

about the drop to be given to the prisoner at least four

days before the date on which the prisoner is to be

executed. The Medical Officer of the prison shall work

out the details of the length of the drop to be given to a

prisoner on principles shown below:-

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[PART–II

(i) If, the prisoner weighs less than 45.360 kgs, he should

be given a drop of 2.440 metres.;

(ii) If, the prisoner weighs from 45.330 to 60.330 kgs, he

should be given a drop of 2.290 metres.

(iii) If, the prisoner weighs more than 60.330 kgs, but, not

more than 75.330 kgs, he should be given a drop of

2.130 metres;

(iv) If, the prisoner weighs more than 75.330 kgs. but, not

more than 90.720 kgs, he should be given a drop of

1.980 metres.;

(v) If, the prisoner weighs more than 90.720 kgs, he

should be given a drop of 1.830 metres.

Provided that so long as the extreme limits of 1.830 metres on

the one hand and 2.440 metres on the other hand are adhered to if,

owing to physical peculiarity of the prisoner, the Medical Officer is of

opinion that the drop should be increased or decreased, effect should

be given to the Medical Officer’s opinion.

Note:- (1) The above calculations are based on the assumption that

the execution rope will be made of cotton yam/manila of

2.59 to 3.81 cms Diameter.

(2) The following measures shall be adopted regarding the

fixing of the length of the rope to permit the required

drop:

(i) The height of the prisoner to the angle of the jaw

immediately below the left ear shall be accurately

measured, as well as,

(ii) The height from the drop shutter, when fixed in

position, to the lower portion of the ring in the beam

to which the rope will be affixed.

(3) These two measurements will determine the distance

when the prisoner is standing in position on the drop,

from the point of the latter's jaw to the ring in the beam.

The measurement of the prisoners neck shall also be

carefully taken, the neck measurement and the height

measurement to angle of jaw being carried out

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immediately after the prisoner has been sentenced to

death. The length of rope for any given drop shall be

the length of the drop plus the distance from the angle

of the prisoner’s jaw to the ring in the beam.

(4) That is to say, that assuming the distance between the

angle of the jaw and the iron ring to be 1.220 mitres and

the desired drop to be 2.130 metres, the amount of free

hanging from the ring shall be 3.350 metres from the ring

to the leather washer maintaining the loop in position on

a pillow of gunny cloth, filled with sand, of the same

thickness as the neck of the prisoner.

581. Venue and presence of officers and others.— (1) All

executions shall take place at the prison to which the warrant is directed,

unless expressly ordered otherwise. Executions shall usually be carried

out in a special enclosure attached to or within the walls, of the prison.

(2) The Superintendent, Deputy Superintendent, Assistant

Superintendent in-charge and Medical Officer shall be present at all

executions.

(3) An Executive Magistrate deputed by the District Magistrate

shall attend the execution and countersign the warrant.

(4) If, the prisoner so desires, a priest of his faith may be

allowed, at the discretion of the Superintendent, to be present at the

place of execution, subject to the requirements of security and prison

discipline.

(5) Relatives of the prisoner and other prisoners shall not be

allowed to witness the execution. The Superintendent may, however,

permit social scientists, psychologists, psychiatrists, etc. who are

conducting research to be present, the Superintendent's discretion shall

prevail in the matters relating to grant of permission to witness execution.

As a matter of general policy, other persons shall not be permitted to

be present, a Police Guard of not less than ten Constables and two Head

Constables or an equal number from the prison Armed Guards, shall be

present at every execution. The Superintendent of Police will supply the

guard on application, where no Armed Guard of the prison exists.

(6) Prisoners of all categories shall be kept locked up until the

execution is over.

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582. Execution.— (1) The Superintendent, Executive Magistrate,

Medical Officer and the Deputy Superintendent will visit the prisoner

in his cell before the hour fixed for execution, the Superintendent and

the Executive Magistrate shall then identify the prisoner as the person

named in the warrant and read over to him a translation of the warrant

in his mother tongue. Any other documents requiring attestation by the

prisoner such as his will, etc., shall be signed and attested in the

presence of Superintendent and the Executive Magistrate. The hands

of the convict shall be pinioned behind his back.

(2) A cotton cap with flap shall be put on the prisoners face

just before he enters the gallows-enclosures. The prisoner should not

be allowed to see the gallows.

(3) On the arrival of the prisoner at the scaffold, he shall be

made over to the batch of executioners.

Note :- The required number of executioners may always be

posted at the Prison where execution has to be carried

out. The executioners shall be trained in all matters

pertaining to execution of prisoners. At fixed intervals,

the executioners shall be required to practice on

dummies.

583. Duty of Executioners.— (1) The duty of the executioner or

executioners shall be:-

(i) to place the prisoner exactly under the part of the beam

to which the rope is attached;

(ii) to strap the prisoner’s hand tightly; and

(iii) to put the noose round the neck tightly, the knot or metal

eye being just in front of and below the angle of the jaw,

so as to run up behind the ear when the prisoner falls

and receives the jerk. Care must be taken to adjust the

rope so that the part to which the metal eye belongs shall

pass in front of the throat. The noose should be kept

tight, having been adjusted by means of a stiff leather

washer on the rope. The flap of the cap should hang in

front free from the rope.

(2) The Superintendent shall see that the rope round the neck

of the prisoner is adjusted properly and the knot is in proper position.

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(3) The operations mentioned-above should be done

simultaneously and as quickly as possible. On completion of all these

operations the Superintendent shall give a signal, on seeing which the

executioner in-charge shall push the lever to let down the trap-door.

(4) The body shall remain suspended for half an hour and shall

then be taken down only after the Medical Officer has certified that life

is extinct.

584. Hangman’s fees.— The hangman shall be paid at the rates

fixed by the Government for the execution of each convict.

585. Disposal of body.— (1) Subject to the provisions of this

paragraph, the body of the executed prisoner shall be disposed of

according to the requirements of the religion to which the executed

convict belonged.

(2) If, the executed prisoner’s relatives make a written

application for performing the last rites, the Superintendent may, in his

discretion, allow such request, provided that the relatives give an

undertaking in writing that they will not make a public demonstration of

any kind in relation to the cremation or burial of the executed convict.

In cases where the Superintendent thinks that there is a likelihood of a

public demonstration, he has the authority to refuse such permission.

In cases of disposal of the body of executed prisoner, in whose case

there is likelihood of public demonstration, the Superintendent shall

consult the District Magistrate and arrangements for the disposal of the

body shall be made according the requirements of the situation. In such

event, the Superintendent shall act in accordance with the instructions

of the District Magistrate.

(3) Except as provided in this chapter, the body of the executed

prisoner shall be taken out of the prison with all solemnity. A municipal

hearse or ambulance shall be used for the transportation of the body to

the cremation or burial ground. The Superintendent is authorized to incur

all reasonable expenditure required for the transportation and disposal

of the dead body.

586. Report of execution of death sentence.— The Superintendent

shall, immediately after each execution, send a report thereof to the DG/

IG and he shall return the warrant duly endorsed to the Court which

issued it.

587. Application of rules.— (1) All rules made in this chapter will

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apply only if, the prisoners are to be executed in the Central Prison,

Puducherry.

(2) If, there are no facilities in the Central Prison, Puducherry

for the execution of the prisoners sentenced to death, such prisoners

may be transferred to a Prison in another State under reciprocal

arrangements made and in such cases, the prisoners will be governed,

in the matter of treatment and execution, etc., by the rules and

regulations in force in the State to which they are transferred.

CHAPTER–20

EMERGENCIES

588. Situations to be handled on an emergency basis.— The

following situations shall be handled as emergencies:-

(i) Escape from prison;

(ii) Outbreak;

(iii) Riots;

(iv) Strikes;

(v) Assault;

(vi) Suicide;

(vii) Accidents;

(viii) Fire;

(ix) Epidemic/Viral disease;

(x) Hunger Strikes (individual or mass);

(xi) Food poisoning;

(xii) Overcrowding;

(xiii) Failure of water supply, electric lighting arrangements,

and other essential prison services like conservancy and

plumbing;

(xiv) Non-supply of food or raw materials resulting in the

interference of prison routine;

(xv) Flood;

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(xvi) Earthquake;

(xvii) Terrorist Attack;

(xviii) Bomb Explosion;

(xix) War/Bombing;

(xx) Chemical Disasters;

(xxi) Nuclear Disasters.

589. Measures to prevent and control emergency situations.— It

is the responsibility of the Superintendent to take sufficient measures

for preventing and controlling emergency situations. These measures

may include:-

(i) demarcation of an out-of-bound area around the perimeter

wall of the prison;

(ii) adequate guarding and security measures and periodical

inspections;

(iii) system of thorough searches;

(iv) proper maintenance of the prison building and premises;

(v) proper custody of tools and equipment;

(vi) proper control of movement of prisoners;

(vii) timely segregation of prisoners who are instigators or of

bad character, and are potential risks to prison discipline;

(viii) prompt and strong, but, considerate handling of all

discipline problems;

(ix) attending to care and welfare requirements of prisoners;

(x) system of good discipline;

(xi) careful handling of plant and equipment;

(xii) periodical inspection of plant equipment and emergency

operation;

(xiii) accident preventive measures;

(xiv) fire preventive measures;

(xv) fire fighting equipment at all vulnerable points;

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(xvi) good environmental and institutional sanitation and

hygiene;

(xvii) proper procedure of quarantine for newly admitted

prisoners;

(xviii) segregation of prisoners suffering from contagious

diseases;

(xix) proper storage and inspection of articles of food;

(xx) observance of the required minimum standards in kitchen

and canteen operations, service of food and eatables;

(xxi) wire guards on trees to discourage prisoners climbing

them for escape;

(xxii) standby arrangements for water storage, power plant, and

emergency lighting;

(xxiii) concealing all drainage and water pipes in the buildings;

(xxiv) Delegation of powers to prison officers (Assistant

Superintendent,

Deputy

Superintendent

and

Superintendent of Jail) to use force in emergent situations

as is given to the Police.

590. Equipment for emergencies.— (1) Each prison shall be

properly equipped with the following to meet various types of

emergencies, namely:-

(i) Fire fighting equipment;

(ii) Emergency lighting arrangements like electric torches,

gas lights, electronic lamps;

(iii) Search lights;

(iv) Steel helmets;

(v) Canes;

(vi) Tear gas equipment;

(vii) Water hoses;

(viii) Telephones, inter-communication system and walkie-talkies;

(ix) Arms and ammunition;

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(x) Ladders, axes, knives, ropes, chains, handcuffs, alarms

and sirens;

(xi) First Aid kit.

(2) The Superintendent shall obtain the necessary sanction of

the Inspector-General of Prisons for the purchase of articles listed in

sub-rule (1) above.

(3) It shall be the responsibility of the Superintendent of Jail

to ensure that all these equipments are always kept in good condition

for use in emergency.

591. Preparations for emergencies.— (1) Institutions where

dangerous prisoners are kept or where there is a likelihood of any kind

of serious disturbances, should be fully equipped in all respects. In such

Institutions, the security arrangements should also be very strict.

(2) Each central prison should organize an Emergency Squad.

This squad should consist of personnel below forty years of age. The

personnel of this squad should be given special training in handling

various emergencies or unforeseen situations. The squad should also

be properly equipped and ready for action.

(3) Drills for handling emergencies should be held at fixed

intervals and a report should be submitted to the Inspector-General of

Prisons in the prescribed Form.

592. General instructions for handling emergencies.— The general

instructions to be followed in handling emergencies shall be as follows:-

(i) Giving immediate first aid to the injured;

(ii) Preventing entry into the affected area;

(iii) Immediate action to counter the spread of trouble to other

areas;

(iv) Quick intimation to all authorities concerned;

(v) Reporting to authorities concerned for help, if necessary;

(vi) If, the Superintendent is not present in the prison when the

problem occurs, he shall reach there as soon as he gets its information

of such emergency and take suitable measures for controlling it.

Information should also be sent to the Deputy Superintendent who shall

reach the prison immediately and either assists the Superintendent or

take charge of the situation;

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[PART–II

(vii) Use of control measures, such as handcuffing, locking

prisoners, segregating the trouble makers and mob dispersal;

(viii) Tightening all security measures according to the

requirements of the situation;

(ix) Mustering all possible help for effective handling of the

emergency;

(x) Obtaining all necessary assistance from the District

Collector, the Police and the Fire Brigade.

ESCAPE

593. Sounding an alarm.— (1) A siren (or an alarm bell) that can

be easily heard at the quarters of the subordinate officials, shall be kept

near the main gate of every prison, and in places where prisoners are

employed in large numbers. In the latter case, the alarm should be loud

enough to be heard at the main gate.

(2) The sequence of alarms starting with the blowing of a whistle

followed by the sounding of the bugle and then striking of the alarm

gong shall indicate the need for urgent help because of an escape or its

attempt.

594. Escape attempts.— Should any prisoner attempt to escape,

the Guard or Sentry shall at once raise the alarm if, the help of other

Guards is essential to prevent the prisoner’s escape. He shall, at the

same time, take all necessary steps to prevent the prisoner's escape. The

Armed Guard shall be ready at a moment's notice to prevent any group

attempt to escape from the prison.

595. When an escape takes place from an extramural group.—

(1) On the alarm being sounded because of an escape from a work site

from outside the prison, the officer in-charge of the standing guard at

the main gate shall dispatch as many Warders as he can spare for

assistance. The remaining warders shall wait for orders from the senior

officer present.

(2) The Warder in charge of the outside group, from which

a prisoner has escaped, shall, after sounding the alarm, send one of his

escorts to apprehend the prisoner and after collecting the remaining

prisoners shall march them back to the main gate of the prison where he

shall report the escape to the senior officer on duty.

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596. Duty of the Deputy Superintendent.— As soon as a report

of an escape is received, the Deputy Superintendent or another senior

officer on duty shall:-

(i) dispatch a party of sufficient strength to search the locality

where the escape has occurred; and

(ii) Inform the Superintendent of the escape who in turn shall

take suitable action for apprehending the escaped prisoner/prisoners.

597. Escape during night.— If, the escape takes place during night

and there is possibility of the prisoner still being inside the prison,

search shall be made with torch lights inside the prison.

598. Duty of Superintendent.— The Superintendent shall, with the

knowledge of Inspector-General of Prisons, give prompt notice of the

escape to the nearest Police Station, the Executive Magistrate of the

area and the District Magistrate. Such information shall be accompanied

by a nominal roll giving a description of the escaped prisoner. He shall

also send immediate intimation, by telegraph, to the Police Station near

the prisoner’s home. If, the prisoner belongs to a region other than that

in which he was in prison, intimation shall be sent to the Magistrate of

his region or to the Superintendent of Police of that area.

599. Report to the Inspector-General.— If a prisoner escapes, the

Superintendent or in his absence the Deputy Superintendent, shall

immediately convey the message over phone to the Inspector-General

and in his absence to the next officer available in the headquarters,

followed by a detailed report within 24 hours from the time of escape.

A copy of this report shall also be sent to the Government. It shall

contain information on the time and circumstances in which the escape

occurred, the party or parties by whose neglect it occurred, whether the

prisoner has been recaptured and if not, the measures taken to recapture

him. When the prisoner is recaptured, another report shall be sent to

the Inspector-General of Prisons.

600. Publication of escapes.— Notice of escape of prisoners and

of the rewards offered for their recapture shall be published in the Official

Gazette, if so ordered by the Inspector-General.

601. Power to sanction reward.— The Inspector-General of

Prisons may take decisions regarding the sanctioning of rewards in such

cases which shall not more than ` 10,000.

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602. Reward to prisoners preventing an escape.— All cases in

which prisoners prevent an escape, either by warning the officials about

any plot or preparation or by seizing a prisoner attempting to escape or

in any other manner, shall be brought to the notice of the

Inspector-General, with a view to giving them suitable rewards.

603. Punishment for facilitating an escape.— Every officer of the

prison, because of whose assistance, connivance or neglect, an escape

takes place, shall be prosecuted under sections 222, 223 or 225 A of the

Indian Penal Code (Central Act XLV of 1860) unless very extenuating

circumstances are present or the Superintendent considers the evidence

insufficient to procure a conviction.

604. Procedure on recapture.— (1) The recapture of the prisoner

shall be informed to all those who were informed of the escape originally.

(2) A recaptured prisoner may be received back into prison on

his original warrant.

605. Disposal of warrants of escaped prisoners.— The warrant of

a prisoner who escapes from prison shall be retained in the prison for

10 years from the date of his escape. If, he is not recaptured within that

period, it shall be returned to the committing Court with an endorsement

giving the reasons.

OUT - BREAKS

606. Alarm to be sounded on outbreak.— (1) Whenever there is a

prison outbreak or and agitation inside a prison, the concerned

Superintendent or Deputy Superintendent of Jail should inform the

Senior Superintendent of Police (Law and Order) who will take necessary

action to control the situation and bring order inside the prison.

However, till the arrival of the Police personnel, the Prison Guards and

security personnel guarding the prison shall initiate steps to control the

situation and prevent further untoward incidents.

(2) In the event of an outbreak or disturbance, the prison official

present at the scene of occurrence shall raise an alarm by blowing his

whistle and on hearing which the warder staff shall blow their own

whistles. It will be followed by sounding of gong or siren at the main

gate. Every prison official outside the prison shall proceed at once to

the Guard room and arm himself with a baton. A messenger shall be sent

by the senior officer present to the Superintendent and Deputy

Superintendent who shall summon every available man.

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607. When the alarm is sounded.— At the sound of the alarm, the

Reserve Guard shall arm themselves with firearms, fully loaded and fixed

with bayonets and stand outside the prison on alert. The main gate

sentry along with other Warders shall be posted between gates and

unless the prisoners are actually threatening the main gate, the rest of

the force available shall enter the prison armed with batons and proceed

at the double to the scene of the disturbances. But, if, the prisoners are

threatening the main gate, it must be defended until the guard is strong

enough to enter and drive the prisoners back. The armed Reserve Guard

shall not enter the prison or arrive at the scene of the disturbance until

specially sent for by the officer in command.

608. Duty of convicts on hearing an alarm.— When the alarm is

given it shall be the duty of every convict to run at once to previously

defined places of security, usually the nearest sleeping barrack, where

they shall be locked in by the warders inside the prison. Prisoners should

be warned in advance that neglect of this rule shall render them liable

to be treated as participating in the outbreak.

609. Methods of quelling disturbances.— (1) On reaching the

scene of disturbance, the Guard shall proceed to quell it by using batons

or tear gas, if available, as the officer in command may decide. Action

shall first be directed to prevent any attempt at escape, to isolate the

rioters from other convicts, and to rescue any prison officer who may

be in danger. If, the disturbance is accompanied by an attack on any

prison official or by a combined attempt to escape, the officer in

command shall warn the prisoners that they will be fired upon if, they

do not submit. If, circumstances permit, this warning shall be repeated

three times. If, the prisoners do not submit or the outbreak or disturbance

cannot be quelled, the officer in command may summon the Reserve

Guard and open fire on these prisoners. He shall stop the firing as soon

as the prisoners cease resistance or submit. Only minimum force

necessary shall be used in all circumstances.

(2) On arrival of the Superintendent, his orders shall be taken

and all officers from the rank of Deputy Superintendent and below shall

act as per his orders.

(3) Prison officials shall not attempt to disperse a mob outside

the prison unless the prison staff is threatened.

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(4) Enquiries on incidents like assaults on prison officials shall

be conducted by the Superintendent or such other officer as the

Inspector-General may direct.

610. Defence of main gate.— The main gate sentry and the

additional Warders posted between gates shall defend the main gate.

If, prisoners cannot be driven back by any other means, firing shall be

resorted to after due warning. It shall be stopped as soon as the prisoners

are driven back.

611. Disturbance within wards.— If, the disturbance occurs within

the wards, the available force shall enter the prison armed with batons

and shall proceed at the double to the yard gate. A party shall be

detached to enter the ward and quell the disturbance while the remaining

force waits at the yard gate.

612. Treatment of extramural groups.— Groups which are outside

the prison when the alarm is sounded shall at once be collected and

made to sit close together under the charge of their escort till the

disturbance is over. If, the situation permits these groups shall be taken

in and locked up in a ward so that the Warders in charge of the group

can be released for other duty.

613. Rehearsal of procedure on alarm.— It is of importance that

if, an outbreak occurs, every man knows precisely what he has to do. In

order to perfect this procedure, an alarm parade shall be held once in

two months or more often in each prison. All steps laid down in the

rules shall be rehearsed as accurately and promptly as possible. The

convicts too shall be trained to run at once to the assigned place of

security when the alarm is sounded. No arms shall be taken inside the

prison during practice alarm parades. The Superintendent shall make

a record of each practice session and its results in his register

ACCIDENTS AND SUICIDES

614. Procedure when unnatural death occurs.— (1) Whenever

a sudden or violent death or suicide takes place in a prison, immediate

notice shall be sent to the Superintendent and the Medical Officer. The

body shall be left untouched in the position in which it was found for

inspection by these officers.

(2) If, there are chances that the person is still alive, measures

shall be taken at once for the prisoner’s first-aid and treatment and

revival.

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(3) In the case of a prisoner found suspended by a rope in an

attempt to commit suicide, and there is reason to believe that he may

still be alive, the body shall be raised at once to relieve pressure and

laid gently on the grounds. All measures shall be taken to restore

consciousness, without waiting for assistance, which however shall be

called for without delay. In all events of a death procedure laid down in

the Chapter on death should be followed.

615. Custody of articles used for suicide.— Knives and tools used

in worksheds and barber’s or tailor’s equipment shall be counted and

locked by the Warders every day. Ropes for wells shall be properly

secured or locked up, and the wells themselves protected to prevent

persons falling or throwing themselves in. Care shall be taken that

nothing is left about in the prison that may be used for suicidal purposes.

616. Precautions against the prisoners with apparently suicidal

tendencies.— Prisoners with apparently suicidal tendencies shall be

carefully watched and not left alone in a cell.

617. Employment of convicts on dangerous work.— When

prisoners are employed in blasting, excavation or other work of

a dangerous character, it shall be the duty of the officer conducting the

work to take every reasonable precaution to guard against accidents.

In blasting operations, no convict shall be employed to fire the charge.

In excavations, the walls shall be sloped or cut in steps.

618. Custody of poisons.— Poisonous drugs and drugs inducing

drowsiness, surgical instruments and other similar things shall not be

left within the reach of prisoners. Every receptacle containing any

poisonous drug shall be labeled "Poison" in large printed characters.

All these shall be kept under lock and key. Under no circumstances,

such key shall be entrusted to a prisoner.

619. Precaution against drowning.— A strong rope and grappling

irons shall be kept in the guard room of every prison, to be at hand in

case of accidents in wells.

FIRE

620. Prevention of fire.— (1) Special care shall be taken while using

kerosene and gas lights in any office or store room. Even in the

maintenance of electric lights, any leakage shall be immediately brought

to the notice of the Deputy Superintendent and rectified without delay.

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(2) All staff in charge of offices and stores shall take a round

of the offices and store rooms before they are closed for the night and

satisfy themselves that everything is safe.

(3) Fire shall be used in the workshops in properly constructed

fire-places and the senior officer, who locks up the prison, shall satisfy

himself before leaving that these fires are properly extinguished. The

concerned senior technical staff of the section shall also be responsible

in this regard.

(4) No burning coal, wood or other fuel used in kitchen shall

be allowed to be taken out. Those in charge of the kitchen shall be

responsible for any violation. If, liquefied petroleum gas is used in

kitchen, it shall be ensured that gas cylinders are stored in a secured

room in accordance with the safety rules for storage of LPG cylinders

and that no prisoner has access to such place. If, any fire occurs, nobody

should be allowed near the gas room until the fire is completely quelled.

(5) There shall be fire hydrants and fire fighting equipment

(sand and water buckets) in all parts of the prison, and especially at all

vulnerable points decided in consultation with the Divisional Fire Officer.

(6) Electric installations in the prison shall be inspected at

regular intervals.

(7) In extramural camps and open institutions, precautions such

as provision of a large supply of water and fire fighting equipment shall

be kept ready at hand.

(8) Superintendent shall draw up instructions on fire safety and

the drill to be adopted in his prison, showing the respective duties of

all members of the prison establishment on an alarm of fire being given.

He shall make the staff rehearse the fire drill at least once in six months.

This would include fire fighting safety measure and evacuation

techniques.

(9) In the event of a fire, immediate information to fire brigade

shall also be sent. Till help from the fire brigade is received, every attempt

to quell the fire shall be made. In the event of fire breaking out in the

prison by day or night, the alarm shall be sounded.

(10) Steps shall be taken to ensure that fire does not spread to

other parts of the prison and the lives of prisoners and of members of

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the staff are not endangered. In the event of an injury to a prisoner or

a member of the staff on duty, because of fire

(a) medical attention to the injured shall be given and

(b) an inquiry shall be immediately held and statements of

the injured prisoner or member of the staff and other

witnesses shall be recorded.

EPIDEMIC

621. Epidemics diseases.— Epidemics which are likely to occur in

prisons are Covid-19 cholera, enteric fevers, gastro-enteritis, chicken

pox, measles, mumps, influenza, cerebrospinal meningitis, pneumonia,

plague, beriberi, scurvy and epidemic dropsy.

622. When a disease shall be deemed epidemic.— If, three or more

cases occur within one week of the occurrence of the first case of

cholera, it shall be concluded that the disease has assumed an epidemic

form.

623. Precautions against outbreak.— When an epidemic is present

in the vicinity of a prison, communication between the staff and the

infected locality shall be, as far as possible, prevented and special care

shall be taken that all arrangements to meet an outbreak are completed.

624. Removal to a segregation shed.— Every prison shall be

provided with two permanent segregation sheds outside the prison walls.

On the occurrence of a case or a suspected case, of cholera or any other

infectious disease, the patient shall not be taken to hospital, but, shall

be immediately removed to one of these sheds while all orderlies and

scavengers attending on the case shall be strictly isolated in another

shed. On no pretext shall they be allowed to enter the prison or

communicate with other prisoners until all risk of infection is over.

If, possible, the prisoners shall be removed to an infectious disease

hospital outside the prison.

625. Treatment of prisoners after contact with infection.— All

prisoners employed in cleaning a ward in which a case of suspected

infectious disease has occurred or who have been in contact with the

patient, shall be detained under medical observation in a separate

building to prevent their mingling with other prisoners. Special care shall

be taken that they bathe and feed separately.

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626. Disposal of Prison officers’ clothing, if infected.— If, there

is any reason to think that the clothing of any Warder or other prison

officer is likely to have been polluted by any cholera discharge, it shall

be at once withdrawn from use and disinfected.

627. Treatment of the infected barrack.— The barrack in which

a case occurs shall be immediately vacated and the inmates kept together

and not allowed to go near other prisoners. The vacated barrack shall

be thoroughly disinfected.

628. Vaccination or inoculation.— Whenever a case of an

epidemic occurs, the Medical Officer shall at once arrange for

vaccination or inoculation, as the case may be, of all prisoners, prison

personnel and members of their families.

629. Accommodation of patient.— Overcrowding must be strictly

avoided both in the hospital as well as in every cell and ward. If the

epidemic is severe then it may be desirable use the entire hospital for

treatment of epidemic cases, removing all other cases to a temporary

hospital that can be set-up in a ward or workshed, (if, no better place is

available). Minor cases of colic or ordinary diarrhea shall also be treated

separately and not admitted to the hospital until the characteristic

symptoms of cholera and diarrhea have disappeared.

630. Sterilisation of drinking water.— (1) On the recommendation

of the Medical Officer drinking water shall be thoroughly boiled. Gas or

Firewood shall be made available for this purpose to the minimum extent

necessary as decided by the Inspector General of Prisons. Care shall

also be taken to ensure that sufficient appliances for boiling of water

are also provided.

(2) As far as possible, reverse osmosis plants should be in

place in prisons to prevent water borne diseases.

631. Observation of prisoners.— The general condition of

prisoners shall be carefully watched to detect incipient cases. Any

person attacked by premonitory symptoms shall be removed for

treatment at once. Warders shall be required to report any sign of

sickness at once. A prisoner visiting the latrine more often than usual

shall be placed under observation.

632. Treatment of hospital floor.— The floor of the segregation

hospital shall be washed or sprinkled liberally with 2% saponified cresol

or izal lotion.

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633. Disposal of dejecta.— The dejecta shall be placed in a vessel

with a close fitting cover containing an equal part of 4% cresol or izal

lotion for two hours and then buried. The dejecta can also be incinerated

with saw dust, paddy husk or kerosene.

634. Cleanliness of prisoners.— Special attention shall be given

to the cleanliness of prisoners and their clothing. The water used for

washing shall not be allowed to remain within the prison walls.

635. Treatment of clothing and bedding.— The clothing and

bedding of the inmates of an infected ward shall be either immersed for

30 minutes in boiling water or kept in 20% carbolic or cresol lotion and

then aired and returned to them after they have bathed. Hospital clothing

and bedding used by infected patients shall be burnt.

636. Disposal of a infected corpse.— The body of a person who

has died of an infectious disease shall be wrapped completely in a sheet

saturated with 2% carbolic or cresol lotion and buried or cremated with

the least possible delay.

637. Report to the Inspector General.— (1) The first occurrence

of a case of cholera or any other infectious disease shall be at once

reported to the Inspector General by telegram which shall be followed

by a written report on the same day, stating the circumstances of the

case and the measures taken to arrest the progress of the disease.

(2) The next two cases too shall likewise be reported by

telegram to the Inspector General. On the occurrence of the second case,

the Superintendent shall submit a report stating whether he proposes a

large scale segregation of prisoners within the prison premises. If he

does, then he shall elaborate the measures he is taking for it. If he does

not plan segregation, he shall record reasons for that as well. If the

Inspector General is absent from the Headquarters, the report shall be

telegraphed to him.

638. Rules generally applicable to epidemics.— The above rules

relate for segregation are also applicable to other disease, such as small

pox and plague. In these cases, the necessity for segregation is equally

important. In case of typhoid fever, changing the water supply is of

primary importance.

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639. Daily report during epidemic.— Whenever an epidemic

prevails in a prison, a daily report shall be furnished to the Inspector

General. In this report the Medical Officer shall briefly note the progress

of the epidemic, the measures he is taking to arrest it, and any

information he may consider of importance. A copy of this report shall

also be sent to the Director of Health and Family Welfare Services.

640. Special epidemiological inquiry.— The Inspector-General, in

consultation with the Director of Director of Health and Family Welfare

Services, may call for an epidemiological inquiry or report from the

Superintendent whenever he considers it advisable. A copy of such an

inquiry report shall be furnished to the Director-General of Health

Services, Government of India, New Delhi.

HUNGER STRIKE

641. Procedure to be followed in cases of hunger strikes.— (1)

Prisoners who go on hunger strike has to be treated firmly, it shall be

warned that no redress of any alleged grievances shall be allowed as

long as the strike continues and that they shall be liable to any prison

punishment or to prosecution under Section 52 of the Prisons Act, 1894.

(2) After sufficient warning, and before the refusal to take food

has adversely affected them, and if, any other punishment appears

unlikely to deter them, they may be prosecuted under Section 52 of the

Prisons Act, 1894. The usual concession in the matter of interviews and

letters of such prisoner shall be restricted to members of the legal

profession only. If, any such prisoner proposes to engage a member of

the legal profession to represent him, a vakalat nama shall be executed

by the prisoners in favor of the member of the legal profession and only

that member shall be permitted to interview the prisoner in this regard.

(3) In the event of mass hunger strike by the prisoners, the

Superintendent shall permit reasonable number of members of the legal

profession to interview the prisoners. For easy identification, the

members of the legal profession should be in their formal lawyers' dress

and give requisition for interview on their letter-heads. If a mass hunger

strike amounts to mutiny, the prisoners shall be isolated from each other,

and from other prisoners, as far as possible.

(4) When prosecutions are instituted under Section 52 of the

Prisons Act, 1894the proceedings shall be held within the prison and

shall be started and completed with as little delay as possible.

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642. Forcible feeding of prisoners on hunger strike.— It is the

duty of the prison authorities to do what they reasonably can to keep

prisoners in their charge in good health and to save them from death.

Therefore, if, a prisoner is likely to cause his own death by continuously

refusing to take food, the Medical Officer may direct that the prisoner

be forcibly fed to keep him alive. Forcible feeding shall not be attempted

with unnecessary violence. But, till such a stage is reached, food

approved by the Medical Officer shall be regularly placed beside the

prisoner on hunger strike for his consumption.

643. Daily report to the Government.— The Medical Officer shall

furnish daily reports to the Superintendent on the health of the prisoner

who is on a hunger strike. He in turn shall forward it to the Government

through the Inspector-General. The Superintendent shall send a report

to the Collector and the Superintendent of Police concerned.

OVERCROWDING

644. Overcrowding shall be reported to the Inspector-General.—

If, a prison becomes overcrowded, the Superintendent shall take suitable

action for accommodating all the prisoners properly, duly reporting the

circumstances leading to overcrowding to the Inspector-General. Any

other matter pertaining to overcrowding shall always be referred to the

Inspector-General for orders.

645. Measures to relieve overcrowding.— As soon as prisoners

in excess of the available accommodation are received in any prison or

hospital, the Superintendent shall submit a report to the

Inspector-General with a statement of the measures which he proposes

to adopt to relieve the overcrowding, and such temporary arrangements,

as he thinks best, shall, at once, be adopted for this purpose.

646. Keeping prisoners in sheds or tents.— Prisoners in excess

of the accommodation shall not, except as a temporary measure, be

placed in worksheds or verandas, but, shall be kept in sheds or tents

inside the prison. The Superintendent shall always obtain prior sanction,

whenever necessary, for incurring expenditure in this regard and shall

ensure economy in every aspect.

647. Earth Quake.— In the event of an earthquake, the following

action shall be taken:-

(i) The prisoner shall be asked to take cover (kneel down and

cover head with arms);

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(ii) The prisoners shall be asked to remain in the same position

for a few minutes, due to after-shocks;

(iii) The prisoners shall be kept at least 14 feet away from

windows, mirrors, chimneys, tall book cases, furniture, old and high

buildings, poles, trees and electric wires;

(iv) The prisoners shall be asked to walk towards an open place,

in a calm and composed manner;

(v) Evacuation and rescue measures should be undertaken on

instructions from an evacuation team and unnecessary crowding of

affected area should be avoided.

648. Other emergencies.— Suitable action shall be taken according

to the requirements in cases of other emergencies, as well. The

Superintendent shall report the circumstances to the Inspector-General,

wherever necessary.

CHAPTER–21

EDUCATION OF PRISONERS

649. Education as a tool for overall development of prisoners.—

(1) Education is vital for the overall development of prisoners. Through

education their outlook, habits and total perspective of life can be

changed. Education of prisoners benefits the society as well as it leads

to their rehabilitation and self-sufficiency. Education reduces the

tendency to crime. This would mean less crime, fewer victims, fewer

prisoners, more socially productive people, and less expenditure on

criminal justice and law enforcement.

(2) Education is harmonious and all round development of

human faculties mental as well as physical. It is a tool by which the

knowledge, character and behaviour of the inmate can be moulded. It

helps a prisoner to adjust to the social environment and his ultimate

resettlement in society. Prisoners are stimulated to study correspondence

courses from various Universities.

(3) Life in prison tends to be monotonous and regimented. There

is a need to provide prisoners with adequate educational opportunities

in order to enable them to lead a law-abiding and self-supporting life

following their release. It must be understood that placing offenders

inside prison cells without any attempt to reform them is an unproductive

exercise.

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650. Objective.— The objective behind educational programmes

in prisons shall be to channelize prisoners’ energies into constructive

and creative pursuits, instilling in them a sense of confidence,

developing amongst them social responsibility and consciousness,

fostering amongst them habits and attitudes necessary for adjusting in

the community, creating amongst them an awareness of the futility of

leading a criminal life and uplifting them morally, mentally and socially.

A comprehensive educational programme in a prison shall aim at:-

(i) providing opportunities to the illiterate inmates to achieve

at least a certain minimum level of education;

(ii) extending facilities to literate inmates to advance their

educational standards;

(iii) developing a better understanding of the duties and

obligations of a citizen;

(iv) improving the attitude of inmates towards society and

fostering a desire to live as good citizens;

(v) assisting the development of good social and ethical habits

and attitudes so that the inmates may properly adjust their lives in the

community;

(vi) helping them to improve their personalities and ability for

social adjustment through individual and group guidance in social living;

(vii) developing point of view which will make the futility of a

criminal way of life apparent to the inmates, making them aware of the

advantages of a law abiding life,

(viii) stimulating sustained interest and effort towards self-

improvement; and

(ix) developing social consciousness and a sense of social

responsibility and obligations.

651. Planning for education.— Educational plan for prisoners will

be such that:-

(i) Each prisoner shall be given a programme of education which

will help the process of his socialization and rehabilitation. In order to

achieve these objectives, an adequately trained educational staff and

minimum facilities like class rooms and library may be provided in the

prison;

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(ii) Education of illiterate adolescents and adult prisoners shall

be compulsory. Correctional services will pay special attention to

educational programmes;

(iii) Due to wide variations in intelligence level and individual

interests of inmates, it is essential to organize diverse educational

programmes to suit the needs of the larger groups;

(iv) Educational programmes shall cover subjects which would

help develop the inmate as affective members of social groups. The

programmes shall also help develop insight on the part of the inmates;

(v) The nature of the educational programmes in an institution

shall be related to the size and type of the inmate population and the

time earmarked for these programmes. Educational activities shall be

developed in conjunction with the overall programme of an institution;

(vi) As far as practicable, the education of prisoners shall be

integrated with the educational system of the Union Territory, so that

after their release they may continue their education without difficulty.

These programmes shall be related to after-care programmes also;

(vii) The education policy shall be formulated in a manner which

is adjustable to social environment, leading to ultimate resettlement of

a prisoner in the society. Education shall be organized at three levels:-

(a) For the beginners and illiterate inmates;

(b) For the intermediates; and

(viii) Educational personnel shall be oriented, through special

Training courses, to correctional policies, programmes and methods as

far as practicable;

(ix) Non-Governmental Organizations may be extensively

involved in the educational programmes

652. Nature of an educational programme.— (1) The educational

programme shall consist of:-

(i) Physical and health education;

(ii) Academic education;

(iii) Social education;

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(iv) Vocational education;

(v) Moral and spiritual education;

(vi) Cultural education.

(vii) Computer education

(viii) Legal education/awareness

653. Educational policy for inmates:.— (1) On admission to the

prison, the criteria for initial classification of prisoners shall be done on

the basis of their educational background, their aptitude to follow further

studies, their social background and vocational education.

(2) The policy behind academic education shall at:-

(i) Making every illiterate prisoner literate;

(ii) Developing educational qualifications of prisoners.

(3) If a prisoner, who was pursuing studies before his

imprisonment, expresses his intention to continue his studies and appear

for an examination of any Board or University or Institution, he may be

given due facilities for it. He may be allowed to receive books and writing

material from his friends and relatives from outside and purchase books

and such materials out of his personal cash kept in the custody of the

prison or at Government expense. Such facilities may also be extended

to a prisoner who has given up his studies before his imprisonment,

but, expresses his intention to proceed with it with a view to appear in

an examination conducted by any university or other Statutory Body or

a recognized institution.

(4) A prisoner may also be encouraged and provided with

facilities for enabling him to appear in competitive examinations

conducted by various Government Departments.

654. Classification of prisoners.— (1) Prisoner shall be classified

on the basis of their academic/educational qualification and their

aptitude for further learning at the time of admission in the prison. It

shall be made compulsory for each prisoner to sit in the educational

classes, arranged as per their qualification, for at least two hours in the

day, preferably in the morning hours.

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(2) he classification committee and educational personnel shall

together decide the amount of time to be devoted for academic

education, vocational education and work for each inmate. As there will

be variations in the educational level, intelligence and interests, diverse

educational programmes shall be organized for different groups of

inmates.

655. Compulsory education.— (1) The help of educated prisoners

shall be liberally obtained for carrying out educational programmes, in

addition to the help taken from regularly employed Teachers, and utilizing

similar facilities offered by Non-Governmental Organisations.

656. Language classes.— (1) Language classes shall be

encouraged. These classes could be run by the educated prisoners,

regular Teachers and Non-Governmental Organisations. This will help

the prison administration in harmonizing relations between prisoners of

different cultures and communities and would improve discipline in the

prison.

(2) Keeping in view the special needs of prisoners, a booklet

may be prepared which would enlist various educational programmes

being carried out in the prison.

657. Schools for Young Offender prisoners.— (1) Every prison may

have a regular School where Young prisoners can attend regular classes

in shifts. This School could be a branch of any Government School being

run by the Education Department of the Union Territory, with the

Education Department providing Teachers, equipment and material for

teaching young prisoners. The School shall provide education for

primary, secondary and senior secondary levels. It shall be mandatory

for each young to attend classes. The staff posted in the prison may be

paid special incentive for maintaining prisoners' interest in attending

School.

(2) The prisoners who pass various examinations shall be given

certificates as are given to students studying in regular Schools. Care

shall be taken to ensure that there is no mention of the young offender’s

imprisonment on such certificates.

658. Education for short-term prisoners.— For under-trial

prisoners and prisoners sentenced to short-term imprisonment,

educational classes could be organized in the yards or enclosures where

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such prisoners are kept. This would facilitate better organization of

regular classes for prisoners who are required to undertake educational

programmes on a short, medium or long term basis.

659. Personnel and equipment:- Following personnel and

equipment for educational programme for prisoners are to be

provided.— (i) Teachers shall be appointed for running and guiding the

adult educational programmes in prisons. Teachers from Education

Department could be posted to the prison on transfer on deputation

basis. Inmates, who are educated and whose conduct has been good,

may be given training in imparting education to others. These trained

inmates may assist the regular Teachers in organizing diversified

educational programmes. The services of retired Teachers or

Non-Governmental Organisations could also be obtained in running the

educational programmes.

(ii) Necessary equipment for education like books, stationery,

writing material, furniture, etc., may be provided at Government cost. In

each prison, a building shall be earmarked or constructed as a School

for carrying out educational activities. Buildings and areas for

educational programmes shall be earmarked in accordance with the

minimum standards as fixed by the Education Department for similar

purposes.

(iii) Study or examination centres of National Open School and

or Indira Gandhi National Open University or Pondicherry University

and Annamalai University may be established in the Central Prison. The

strength of educational personnel may be fixed in accordance with the

inmate population and the educational programmes to be organized.

(iv) The educated prisoners, who help the prison administration

in conducting educational programmes, may be given wages/honorarium.

(v) Audio-visual equipment may be used for educational

purposes.

(vi) The lodging arrangement of prisoners can also be done as

per their educational requirements so that suitable environment is

created in the barrack/cell to enable them to carry out the assignments

given to them by their Teachers.

660. Curriculum.— Curriculum shall be drawn up in accordance

with the needs of each inmate group. It may be in line with the

educational programmes conducted in other educational institutions

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in the Union Territory. It shall be planned in such a way as to synchronize

with the length of sentence of the inmates. Educational schedules and

time-tables shall be drawn to fit the total programme of the prison.

661. Tests and examinations.— Following concessions may be

given to prisoners for pursuing their higher education:-

(i) At the end of each educational project, inmates shall be given

tests and examinations. These tests and examinations shall be conducted

inside the prison by the Education Department or National Open School

or Indira Gandhi National Open University, as the case may be;

(ii) No fees, including examination fee, shall be charged from

students appearing in various examinations. Cases of brilliant students

may be recommended to Education Department and other agencies for

grant of scholarship.

662. Liaisons.— The prison shall establish liaison with the

Department of Education, National Open School or Indira Gandhi National

Open University and other approved educational institutions for

obtaining educational material and other help.

663. Library.— (1) Following facilities in prison library may be

provided for use of books, newspapers and periodicals by the prisoners:-

(i) Books in the library shall cater to the needs of different

educational standards, satisfaction of intellectual needs, and

development of knowledge, of the inmates;

(ii) The prison library shall be properly equipped with an ample

library of approved books, magazines, and newspapers and periodicals

in English and Tamil. Prisoners should be encouraged to develop reading

habits;

(iii) A librarian may be posted for the management of books and

other reading material. Help of educated prisoners could also be

obtained, under the supervision of the librarian, to run the library. The

librarian shall arrange for and make available books on various subjects

for satisfying the needs of prisoners. The Librarian in charge of the

prison library shall allow the use of the books, periodicals and journals

to the prisoners subject to the orders of the Superintendent. Any book

introduced otherwise than in accordance with the rule may be destroyed;

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(iv) Donation of books by NGOs. should be encouraged and

welcomed. Public and Government Schools should be encouraged to

adopt the educational programmes being run inside the prison for

prisoners.

(v) A digitalised library with e-learning materials may also be

provided, to the extent possible.

664. Social, Moral, Cultural and Spiritual Education.—

Meditational Therapy should be used for holistic healing.

665. Prison publication.— There may be a monthly or quarterly

publication for the inmates in the institution for internal circulation. The

publication may be printed or cyclostyled according to the facilities

available.

666. Accountabilitys.— It shall be one of the primary

responsibilities of the prison Superintendent and other prison personnel

that the programme of education is implemented in its proper spirit. The

success or failure of the programme, and the extent of the educational

activities in each institution, shall be one of the principal factors on

which the performance of these officers may be evaluated.

CHAPTER–22

VOCATIONAL TRAINING AND WORK PROGRAMMES

667. Objectives of Work Programmes and Vocational Training.—

Vocational training and work programmes shall be treated as essential

features of the correctional programmes. The objective of such

programmes shall be:-

(i) Imparting discipline and work culture among inmates;

(ii) Developing right attitudes towards work and dignity of

labour;

(iii) Promoting

(a) physical and mental well-being of inmates;

(b) proper development of mind through intelligent manual

labour;

(d) a sense of group adjustment.

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(iv) Developing capacity for sustained hard work;

(v) Building habits of concentration, steadiness, regularity and

exactness in work;

(vi) Imparting and improving work-skills;

(vii) Awakening the self-confidence and self-reliance of

inmates;

(viii) Training and preparing inmates for achieving lasting social

readjustment and rehabilitation;

(ix) Imparting an occupational status and thus creating a sense

of economic security among inmates;

(x) Keeping inmates usefully employed in meaningful and

productive work;

(xi) Preventing idleness, indiscipline and disorder amongst

them;

(xii) Maintaining a good level of morale amongst them and thus

promoting a sense of self, as well as institutional discipline among them.

668. Policy of work programmes and employment of prisoners.—

(1) The first objective of prison labour and prison industries is that it

shall devote to supply prison requirements. After having fulfilled the

prison requirements, prison labour and prison industries shall be utilized

as much as possible to meet the requirements of the various other

Government Departments. Once the said sources of employment are

exhausted, prison labour shall then be devoted to producing articles for

general sale.

(2) The employment and production policy in prison shall be

designed to cater to the needs of prisoners coming from both rural and

urban areas. The emphasis shall be on the kinds of skills and jobs that

would ensure employment or self-employment when the inmate is

released from prison.

(3) A “Board of Work Programme and Vocational Training”, shall

be set up under the chairmanship of Inspector-General of Prisons at the

Prison Headquarters and he may be vested with full fiscal and

administrative powers. The functions of the Board shall be to:-

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(i) plan and implement programmes of work and vocational

training,

(ii) arrange funds required to run such programmes,

(iii) fix a policy of production,

(iv) examine the economic aspects of the work programmes,

(v) put prison work, programmes on a sound commercial

footing,

(vi) ensure coordination at all levels,

(vii) evaluate the performance of the work programme each

institution,

(viii) introduce practices and procedures of modern

management of production,

(ix) guide, supervise, direct and control all matters relating

to institutional work programmes and vocational training,

(x) Organize workshops in after-care homes for discharged

prisoners, and

(xi) promote marketing of prison products.

(4) Government Departments, Semi-Government Departments,

co-operatives and public undertakings shall purchase articles produced

in prison industries as per requirements from the Department of Prisons

and Correctional Services.

(5) A policy may be laid down for the employment of carefully

selected prisoners in public undertakings, co-operative farms of the

State, and agro-based industries organized in the co-operative sector

after their release from prison.

669. Vocational Training.— (1) Vocational training programmes can

be in self-employing trades and occupations, shall be organized in every

central prison for employable convicts. Vocational training programmes

can also be given by well knowledgeable prison personnel to inmates.

(i) Such programmes be open to under-trial prisoners who

volunteer to undergo such training;

(ii) The help of local Industrial Training Institutes could be

obtained in training the prisoners;

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(iii) The prison shall have adequate staff for efficient

organizationa of various training projects. It should be

properly equipped with training aids and classrooms for

conducting multifarious projects to suit the training

needs of its inmates;

(iv) The prison shall have a properly defined organization for

training projects in terms of formation of homogeneous

groups and setting down routine and time schedule of

projects;

(v) The cost incurred in the training projects, expenditure on

staff, equipment and material shall be treated as essential

investment for the purpose of training and resettlement

of offenders;

(vi) Special emphasis may be given to vocational training of

adolescent offenders, young adult offenders, and others

who may derive benefit from the training projects.

(2) Qualified technical personnel shall be appointed in adequate

numbers in every production unit and for every programme of vocational

training. Such personnel could be posted in the prison on a transfer-

cum-deputation basis from the Industrial Training Institutes of the Union

Territory.

(3) Vocational training programmes shall be designed to suit the

needs of prisoners sentenced to short, medium and long-term

imprisonment.

(4) Liaison shall be established with the Department of Technical

Education, Directorate of Industries, Industrial Training Institutes,

Polytechnics and Vocational Training Institutions to develop vocational

training programmes on a practical and pragmatic basis.

(5) On the completion of vocational training courses, inmates

shall be examined by the Department of Technical Education of the Union

Territory and on passing the examination, they shall be awarded a regular

Certificate or Diploma by that Department.

(6) As a measure of incentive inmates demonstrating good

progress in work programmes and vocational training shall be allowed

to visit important undertakings and other Government owned industries.

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(7) The prison industry should be given preferential treatment

in the matter of granting permission to run various industrial/production

units by the Government.

(8) The executive and supervisory personnel shall be given

training in modern methods of management.

(9) Diversification of programmes of vocational training shall

be given due priority when the master plan for diversification of work

programmes is designed.

670. Employment of prisoners.— (1) All convicted prisoners

sentenced to rigorous imprisonment shall be required to work subject

to their physical and mental fitness as determined medically. It shall be

seen that sufficient labour is provided in the prison for employing all

convicts who can labour.

(2) Apart from convicts, under-trial prisoners, who volunteer

to work, shall also be employed on work programmes and be given

vocational training. The under-trial prisoners employed in prison

industry oragriculture shall be given fair and equitable remuneration on

the same scale as prescribed for convicts.

(3) No criminal prisoner sentenced to labour or employed on

labour at his own desire or under-trial doing labour, shall, except in an

emergency, and with the sanction in writing of the Superintendent, be

made to labour for more than nine hours in a day.

(4) The Medical Officer shall, from time to time, examine the

prisoners while they are employed, and shall, at least once in every

fortnight, get their weights recorded in their history tickets.

(5) When the Medical Officer is of the opinion that the health

of a prisoner suffers from employment on any kind or class of labour,

he shall not be employed on that labour, but, shall be placed on such

other kind or class of work as the Medical Officer may consider suitable

for him.

(6) Prisoners sentenced to medium and long-terms of

imprisonment shall be given training in multiple skills so that they are

able to compete with the conditions in the labour market outside the

prisons.

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(7) For planned employment of inmates, the following factors

shall be taken into consideration while organizing work programmes:

(i) Mental and physical health;

(ii) Requirements of security, custody and discipline

(iii) Age;

(iv) Length of sentence;

(v) Inmates’ skills and abilities and also potential for

acquiring skills;

(vi) Urban and rural background of the inmate.

(8) Prisoners sentenced to less than one year of imprisonment

shall be employed in prison maintenance services, gardening, work-

centres and work camps.

(9) Prisoners sentenced to imprisonment for one year or more

shall be employed in production units in closed or open prisons.

(10) Every prisoner sentenced to undergo simple imprisonment

shall ordinarily be employed on hard labour of a kind that is most

suitable for him and for which he/she is, for the time being, fit. No

convict shall be put on medium labour if he/she is fit to perform hard

labour or on light labour as long as he/she is fit to perform either hard

or medium labour. Provided that no prisoner of the casual class shall

ordinarily be required to perform hard labour during the first month after

his/her admission to prison. Every convict of the habitual class shall,

throughout the period of imprisonment to which he/she is sentenced,

be required to perform the severest form of hard labour which he/she is

capable of performing, with due regard to his/her health.

(11) Every prisoner, on being first put to do any kind of work

with which he is not acquainted, shall be allowed a reasonable time to

acquire the necessary skills, to enable him to perform the task. Mental

and physical capabilities must be taken into consideration. The time will

vary from a few days to three to four months. In every case, when

allotting new work, the Superintendent or subject to his control the

Deputy Superintendent, shall note the task of prisoners begins, and

every subsequent progress, in his/her History Ticket.

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(12) No consideration of profit or convenience shall be

permitted to influence the class or form of labour which any convict

sentenced to undergo rigorous imprisonment is at any time required to

perform. It shall be fixed with reference solely to the health of the convict

and the regulations of the prison regarding the employment of prisoners.

671. Selection of employment for convict.— (1) When the Medical

officer has certified the class of labour for which a convict is fit, the

Classification Committee shall determine the particular employment to

which such convict shall be put. If, it is found that the initial allotment

of work was not suited to the abilities of a prisoner, the Classification

Committee shall consider the question of reallotment of work.

(2) All prisoners who are classified as fit for medium or light

labour only shall once in a month be produced before the Classification

Committee with the recommendations of the Medical Officer, so as to

examine them with a view to their reclassification, if necessary. Such

changes shall be recorded first by the Deputy Superintendent in the

History Ticket and signed by the Superintendent and then copied in the

remission sheet. If any prisoner passed for hard labour subsequently

becomes permanently unfit to perform it, such case shall be placed

before the Classification Committee with the remarks of the Medical

Officer and the revised labour to which the prisoner is fit shall be

similarly recorded by the Deputy Superintendent in the History Ticket

and signed by the Superintendent.

672. Restriction of extramural employment of prisoners.— No

convicts shall at any time be employed on any labour outside the prison

or be permitted to pass out of the prison for the purpose of being so

employed except under the written orders of the Inspector-General of

Prisons.

673. Drafting the prisoners to do menial works in official

quarters.— (1) A small number of convicts may under the written order

of the Superintendent be detailed to scavenge, to keep clean and assist

in supplying of water, etc., to the quarters occupied by the Superintendent

and other subordinate officials residing in prisons premises.

(2) They shall be detailed only for such limited period as may

be necessary to enable them to perform the duties.

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(3) The Superintendent shall be responsible that the number of

convicts employed under sub-section (1) is fixed at the minimum number

requisite and restricted to such definite hours of duty as are absolutely

necessary for the performance of the work.

(4) If, the privileges accorded under this rule are being abused,

the Superintendent shall withdraw them altogether.

674. Employment of prison services.— (1) The Superintendent shall

see that prisoners employed on untasked labour for prison services shall

be the absolute minimum number required for the purpose.

(2) The following shall be the percentage of prisoners to be

employed as cooks, scavengers, sweepers, cleaners-

Cooks

5 percent of the prison population

Cleaners of latrines

5 percent of the prison population

Sweepers

5 percent of the prison population

(3) During the prevalence of epidemics or for other emergencies,

the Superintendent shall appoint more persons for the tasks mentioned

in sub-section (2) as a temporary measure, in excess of the percentage

mentioned thereto. The cooks and cleaners of latrines appointed for the

prison hospital shall be in addition to the percentage fixed.

675. Safeguards for prisoners engaged in work.— (1) The

following facilities shall be provided in work-sheds and other places

where prisoners work:-

(i) Protection from heat, cold, rain, dust, smoke, fumes, gases

and chemicals;

(ii) Protection from seepage and dampness;

(iii) Safe drinking water;

(iv) Spittoons, urinals and latrines;

(v) Washing and bathing facilities;

(vi) First-aid facilities;

(vii) Fire extinguisher and other firefighting equipment;

(viii) Sufficient ventilation and lighting;

(ix) Safety equipment and accident prevention measures.

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Note: The standards adopted in outside factories in this respect

should be adopted in prison factories. These should be

fixed in consultation with the Chief Inspector of

Factories.

(2) Periodical medical examination of prisoners, working in

production units having hazards of occupational diseases, should be

carried out.

(3) When convicts are employed in blasting, well-sinking,

excavations or other work of a dangerous character, it shall be the duty

of the officer conducting the work to take every reasonable precaution

to guard against accidents. In blasting operations, no convicts shall be

employed to fire the charges. In excavations, the sides shall be sloped

or cut in steps.

(4) Payment of compensation to prisoners, who meet with

accidents resulting in physical or mental disability, serious injury, death

or loss of health due to occupational diseases, shall be as certified by

the Medical Officer.

676. Tasks to be imposed on female and adult convicts.— Female

prisoners shall ordinarily be employed in cooking or in the preparation

of articles of food such as pounding, husking or sifting grain and the

like, but, shall not be employed in grinding grain except as a punishment.

The tasks to be imposed on females or adult convicts respectively shall

not in any case exceed two thirds of the maximum task for hard and

medium labour, prescribed in respect of adult male convicts.

677. Female Prisoners not to work outside female enclosures.—

No female prisoner shall, under any pretext, be employed outside the

female enclosure of any prison.

678. Restriction on employment of prisoners.— (1) No prisoner

shall, at any time, be employed by any officer of the prison or any other

person, for any private work or service of any kind whatsoever.

(2) No convict shall be employed on public works other than

prison building without the special sanction of the Government. When

the prison construction work or repairs to prison building are undertaken

by private contractors other than Public Works Department, the services

of prisoners may be lent to such private contractors provided they are

willing to pay wages at the rate paid to a normal worker for such work

outside. The wages so collected shall be treated as ‘Revenue Receipt’

and be credited to Government account.

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[PART–II

679. Execution of work for outside agencies.— Private parties/

industrial units can be allowed to approach prisons to get their

manufacturing work done by prison labour inside the prisons if, capacity

and know-how for such manufacture is available. It should be ensured

that appropriate wages and other expenses are paid by such private

parties and industrial units.

680. Yearly audit of the accounts.— The accounts of the

production/work unit will be systematically audited by the Government

auditors for each financial year.

681. Agriculture.— Following infrastructural facilities in terms of

agriculture shall be made available to the prisoners:-

(i) Agriculture, agro-based industries and other allied activities

should be given high priority in the planned development of work

programmes and vocational training in correctional institutions;

(ii) The land available with an institution shall be thoroughly

surveyed in terms of soil analysis, availability, fertility, salinity, and

requirement of drainage, so that it is put to optimum use. The help of

Block Development Officers, officers of the Agriculture Department and

other allied agencies shall be taken in this regard;

(iii) Each new prison building in rural areas should have

a properly fenced farm wherever land for this purpose is available;

(iv) It should be ensured that proper irrigation facilities are

available at the farmland;

(v) The required building structure should be constructed on

each farm and internal roads should be laid;

(vi) All required farming equipment and spare parts should be

made available at each farm. A maintenance shop should also be set up

in large farms;

(vii) Prisoners detailed for labour at agricultural farms should

be distributed at various places in the farm by forming groups, with

a leader nominated for each group;

(viii) Guidelines should be issued by the Prison Headquarters

stating the eligibility criteria of an inmate who may be deployed on open

agricultural farms;

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(ix) The subsidy available to the farmers for purchasing

fertilizer, equipment and electricity should also be made available to

prison farms;

(x) Adequate funds should be provided for development of

agriculture and allied activities and its accounts should be maintained

separately;

(xi) Requisite security personnel should be provided at each

agricultural unit and their duties and responsibilities should be clearly

laid down;

(xii) The farm products should be first consumed in the prison

and the remaining should be sold to the Government Departments and

in the open market;

(xiii) The efficiency of each unit should be evaluated annually

in terms of the targets fixed and achieved;

(xiv) The number of prisoners employed in farming activities in

closed prisons should not exceed 5% of total prison population;

(xv) Prison personnel should be imparted training in various

aspects of agricultural and allied activities;

(xvi) Bio-gas plants, windmills, solar-cooking ranges, etc.,

should be introduced in the prison farms;

(xvii) Costing of agricultural and other produce should be done

on strict commercial basis;

(xviii) Open agricultural institutions, and institutions having

attached agricultural farms, should diversify work programmes according

to cropping schemes such as mixed farming, irrigated crops, dry farming,

etc. In some open prisons, work can be diversified into agricultural

activity, industrial units and agro-based production units.

682. Assessing and checking the task.— (1) A daily task sheet shall

be maintained for each prisoner for noting the particulars of each

prisoner, such as the nature of task on which employed, the standard

task prescribed, the task actually done and the wages earned. Entries

shall be made daily in these sheets by the Foreman or Assistant

Superintendent which shall be checked and duly attested by the Deputy

Superintendent. It shall be the personal responsibility of the

Superintendent to ensure that this is done every day.

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[PART–II

Illustration:- For works spread over for more than one day which

is incapable of satisfactory measurement until completion, entries shall

be completed as soon as the item of work is over.

683. Prison industries and work programmes.— (1) Prison

industries shall be organized on business-cum-commercial basis.

Preference to prison products, while purchasing articles for office use,

shall be given by the various Government Departments.

(2) The work programmes shall also include essential

institutional maintenance services like culinary, sanitary and hygienic

services, prison hospital, other prison services, repairs and maintenance

services.

(3) Prison work programmes shall consist of services required

by the community such as construction work, masonry, carpentry,

plumbing, electric fitting, tailoring, fabrication of ready-made garments,

leather work, driving, prison servicing, agriculture, horticulture, dairy,

poultry, floriculture, maintenance of diesel engines, maintenance of

electric pumps, tractor repairing, automobile servicing and repairing, cane

work, basket making, pottery, book binding, typing, computer-operating,

handicrafts, stenography, cloth printing, embroidery, hosiery, bakery,

namkeen making, paper making, printing, tailoring, weaving, soap making,

candle making, toy making, sewing machine repair, food processing, etc.

(4) Every inmate shall be given training and work experience in

the use of hand tools in different services, jobs and production units.

(5) A standard list of equipments, tools, accessories and spare

parts, which each production unit must always have, shall be prepared

and maintained.

(6) In every institution, there shall be a separate and properly

organized maintenance workshop to repair the machinery and equipment

in time and to prevent breakdown.

(7) Products manufactured by Prison Industries shall be varied/

changed depending on market trends and demands.

684. Sanction of Government for new industry.— No new industry

shall be started in any prison without the previous sanction of the

Government.

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685. Advice on technical matters.— The officers of the Department

of Industries shall provide, free of cost, any expert advice that may be

required by prisons on technical matters of equipment and management

of industries.

686. Dairy and Poultry Farms.— (1) Dairies shall be developed

on open prison farms on commercial lines under proper technical

guidance. These shall not be operated from closed prisons.

(2) Poultry farms shall also be organized at open farms. These

shall be run on commercial lines under proper technical supervision.

687. Standardization of Products.— (1) Various products of prison

industries should be standardized. A handbook containing details of

standardization, and the manufacturing process of various production

units, should be prepared for the guidance of personnel.

(2) Catalogues of standardized products of prison industries

should be prepared for securing orders from the market for various

production units.

(3) Technical supervision should be improved and a system of

quality control introduced at every stage of production, so that market

competitiveness can be maintained.

(4) Costing of prison products should be done on a rational

basis taking into account various limitations and handicaps of prison

management. The percentage of profit should not be the motive behind

production by prison industries.

(5) Showrooms should be opened outside the prison gates, and

at other places, for promoting sale of products of prison industry.

A brochure should also be kept in which information is provided to the

public about the products being sold along with their rates.

688. Targets of production for prison industries.— (1) The targets

of production for each unit for the ensuing year should be fixed in

accordance with the employable inmate population and production

potential of the unit. These targets should be communicated to the

respective institutions in advance. The unit's production, according to

the target, should be reviewed on a monthly basis.

(2) It should be the responsibility of the Superintendent of Jail

to meet the targets of production as set above.

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[PART–II

(3) The task sheet of each prisoner should be correctly

maintained by the technical personnel in-charge of the production units.

689. Training.— Prisoners selected for employment in a trade shall

be given preliminary training for a period of three months.

690. Classification.— For the purpose of payment of wages, the

prisoners shall be classified into three categories for the purpose of

labour as defined below:-

(i) ‘Skilled’ means, those employed on work which involves

either physical or mental or both kinds of skill in its execution and

cannot be accomplished by ordinary labour with proficiency without

sufficient skill.

(ii) ‘Semi-skilled’ means, those engaged on task which cannot

be performed by untrained hands, but, which can be executed with some

training and practice, but, does not require any strict standard of

precision.

(iii) ‘Un-skilled’ means, those engaged on a task which does

not require any skill or training.

691. Amount of wages, deductions and method of payment of

wages.— (1) Wages may be paid to the prisoner as per the Supreme

Court Judgment. Wages shall be fair and equitable and not merely

nominal and paltry. The wages for skilled, semi-skilled, unskilled and

trainees shall be as fixed by Government from time to time for the full

task. With a view to keep the wage system in prisons in harmony with

that in the free community, the wages shall be reviewed once in every

three years and revised whenever necessary.

(2) The wages shall be paid to workers of various categories

on the basis of the task prescribed by the Superintendent with the

approval of Inspector-General of Prisons, from time to time.

(3) A prisoner who performs the task of standard quality in

excess of the prescribed task shall be entitled to payment of additional

wages in proportion to the additional work turned out by him at the rate

prescribed for the purpose.

(4) A portion of wages payable to the convict shall be deducted

for Common Victims’ Compensation Fund for which detailed regulations

shall be drawn by the Government. In addition to the aforesaid

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deduction, a portion of wages earned by a prisoner shall be deducted

towards Prisoners’ Upkeep Fund and Prisoners' Welfare Fund at the rate

prescribed for the purpose.

(5) The net wages payable to a prisoner shall be deposited in

his Savings Bank Account on a fixed date every month and the

passbook shall be kept with prisoner concerned. Signature or thump

impression shall also be obtained of every prisoner in the respective

registers every time the earnings in prison are credited in his account.

692. Utilizing wages earned.— (1) The prisoner who is under the

wage earning scheme shall be given the discretion to have his/her

earnings at his/her credit or to have it sent to his/her next of kin outside

the prison. If, he exercises his/her option to have his/her earnings at

his/her credit, he/she shall be given the option to revise his/her

discretion at any time in favor of sending his/her total or part of his/her

earnings to his/her next of kin.

(2) The prisoner shall be permitted to draw a part of their

earnings for purchase of articles required for his/her personal use such

as soap, tooth paste, snacks, etc. The list of the articles required shall

always be got approved by the Superintendent.

(3) No prisoner shall be permitted to transfer his/her earnings

at credit to another prisoner.

693. Amount of wages, deductions and method of payment of

wages.— (1) Wages shall be fair and equitable and not merely nominal

and paltry. The wages for skilled, semi-skilled, unskilled and trainees

shall be as fixed by Government from time to time for the full task. With

a view to keep the wage system in prisons in harmony with that in the

free community, the wages shall be reviewed once in every three years

and revised whenever necessary.

(2) The wages shall be paid to workers of various categories

on the basis of the task prescribed by the Superintendent with the

approval of Inspector-General of Prisons, from time to time.

(3) A prisoner who performs the task of standard quality in

excess of the prescribed task shall be entitled to payment of additional

wages in proportion to the additional work turned out by him at the rate

prescribed for the purpose.

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[PART–II

(4) A portion of wages payable to the convict shall be deducted

for Common Victims’ Compensation Fund for which detailed regulations

shall be drawn by the Government. In addition to the aforesaid

deduction, a portion of wages earned by a prisoner shall be deducted

towards Prisoners' Upkeep Fund and Prisoners' Welfare Fund at the rate

prescribed for the purpose.

(5) The net wages payable to a prisoner shall be deposited in

his Savings Bank Account on a fixed date every month and the

passbook shall be kept with prisoner concerned. Signature or thump-

impression shall also be obtained of every prisoner in the respective

registers every time, the earnings in prison are credited in his account.

694. Maintenance of accounts and records.— (1) At the end of

the month, the wages earned by each prisoner shall be worked out on

the task sheets by the Accounts wing and checked by the Accounts

clerk. The wages earned shall be abstracted in the wages register.

(2) The total earning of the prisoner shall be carried over from

the wages register into his personal ledger account. Personal ledger

accounts and the index shall be according to convict number. In April

of every year, fresh ledgers shall be opened. After the postings, the task

sheets shall be bundled ledger-wise and filed carefully which shall be

subjected to audit.

695. Authority for granting wages.— The Inspector-General of

Prisons shall be the authority to grant the wages as provided in the

foregoing rules.

696. Hours of work.— (1) For the purpose of calculating

wages, the working hours a day shall be fixed as 8 hours. Prisoners who

are mentally and physically fit for work should be required to work

for 8 hours.

(2) The Superintendent shall prescribe the hours of work for

prisoners mentally or physically handicapped and for prisoners advanced

in age.

(3) Employment of women and adolescent prisoners between

periods of locking and opening is prohibited.

(4) Hours of work for each group of prisoners should be

prescribed in accordance with the programme content of the institution,

but, total hours of work shall not exceed nine hours in a day.

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(5) A daily time schedule shall be worked out for the institution.

(6) Prisoners may be allowed to work in the production unit

after the locking time depending upon the work-load.

697. Rest days.— (1) After six days of work, prisoners shall be

allowed one day rest from their usual employment.

(2) In essential service unit and maintenance unit, a system of

shifts and rotations shall be so established as to enable prisoners

working in these units to get one day's rest in a week. Wherever

necessary, reserve pool of workers for these units shall be built up.

698. Labour not to be extracted on certain days.— (1) No prisoner

shall ordinarily be required to perform any labour other than such as

may be necessary for the conduct of the internal management and

domestic economy of the prison or to meet any call of emergency, on

Sundays and other holidays.

(2) No Jewish prisoner shall be required to labour on Saturdays,

the Jewish New Year (2 days), the day of Atonement; the first and last

days of the Feast Tabernacles (two days each); the feast of the Passover

(four days) and the feast of the Pentecost (two days), provided he elects

to labour on Sundays and other holidays.

(3) On days on which labour is not extracted from convicts,

those prisoners who are not employed on any domestic or other duties

connected with the management of the prison shall be locked into wards

or cells, unless there is reason to leave them outside on account of

recreational or cultural activities or if, they are otherwise engaged in

washing their clothes and the like.

(4) The Inspector-General of Prisons may, with the previous

sanction of Government, exempt all or any particular class of prisoners

from labour on any day or days other than those specified in sub-rules (1)

and (2) of this rule.

699. Holidays for prison.— Any of the days declared by the

Government as public holidays shall be deemed to be holiday for the

prison.

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[PART–II

CHAPTER–23

LEGAL AID

700. Constitution of Legal Services Authorities.— (1) Article 39A

of the Constitution of India provides for free legal aid to the poor and

weaker sections of the society and ensures justice for all. Articles 14

and 22(1) of the Constitution also make it obligatory for the State to

ensure equality before law and a legal system which promotes justice

on the basis of equal opportunity to all. In furtherance of these, the

Legal Services Authorities Act was enacted by the Parliament in 1987 to

establish a nationwide uniform network for providing free and competent

legal services to the weaker sections of the society on the basis of equal

opportunity.

Under the Act, the National Legal Services Authority (NALSA)

has been constituted under the Legal Services Authorities Act, 1987

(LSA Act) to monitor and evaluate implementation.

(2) In Puducherry, a Union Territory of PuducherryLegal

Services Authority (UTPLSA) and in High Court, a High Court Legal

Services Committee has been constituted. Union Territory of Puducherry

Legal Services Authoritiy have been constituted in the Districts to give

effect to the policies and directions of the NALSA and to provide free

legal services to the people and conduct LokAdalats in the Union

Territory.

(3) Supreme Court Legal Services Committee has been

constituted to administer and implement the legal services programme

insofar as it relates to the Supreme Court of India.

(4) The Chief Justice of India is the Patron-in Chief of NALSA

and the senior-most Judge of the Supreme Court is the Executive

Chairman. The Central Government in consultation with Chief Justice of

India has also appointed an officer of the Higher Judicial Services as

the Member-Secretary of the NALSA.

(5) Similarly, at the Union Territory level, the Chief Justice of

the High Court is the Patron-in Chief of State Legal Services Authority

and Senior Most Judge of the High Court is the Executive Chairman.

There is a Member-Secretary for each UTPLSA.

(6) At the Union Territory level, District Judge is the chairman

of the Legal Services Authority and chief Judicial Magistrate or

equivalent judicial officer is the Secretary of Legal Services Authority.

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701. Functioning of Legal Services Institutions.— (1) NALSA lays

down policies, principles, guidelines and frames effective and economical

schemes for the Union Territory of Legal Services Authorities to

implement throughout the Country.

(2) The Union Territory of Legal Services Authority, has been

entrusted with the following primary functions:

(i) To provide free and competent legal services to the

eligible persons;

(ii) To organize Lok Adalats for amicable settlement of

disputes;

(iii) To organize legal awareness camps; and

(iv) To implement the Schemes and policy directions of the

NALSA through strategic and preventive Legal Services

Programmes.

(3) Free legal services would include:

(a) Payment of Court fee in appropriate cases, process fees

and all other charges payable or incurred in connection

with any legal proceedings;

(b) Providing service of Lawyers in legal proceedings;